Montana delivery driver employment contract template

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How Montana delivery driver employment contract Differ from Other States

  1. Montana is the only U.S. state with a Wrongful Discharge from Employment Act (WDEA), impacting termination clauses in employment contracts.

  2. Overtime pay in Montana applies after 40 hours per week, not after 8 hours per day, unlike some other states' rules.

  3. Montana recognizes 'at-will' employment only during a probationary period; after that, employers must show good cause for dismissal.

Frequently Asked Questions (FAQ)

  • Q: Does Montana law require written employment contracts for delivery drivers?

    A: No, Montana does not require written employment contracts, but having one helps define clear rights and obligations.

  • Q: What makes termination clauses in Montana different from other states?

    A: Montana's WDEA limits employers from terminating non-probationary employees without good cause, unlike typical at-will employment.

  • Q: Are non-compete agreements enforceable in Montana delivery driver contracts?

    A: Montana scrutinizes non-compete agreements closely, favoring employee rights, and will only enforce them if reasonable and necessary.

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Montana Delivery Driver Employment Contract

This Full-Time Delivery Driver Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Company Name], a company organized and existing under the laws of Montana, with its principal place of business at [Company Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Job Title and Description

  • Option A: Full-time Delivery Driver
  • Option B: Contract Delivery Driver

This position requires operating a [Vehicle Type: Company Vehicle or Employee-Owned Vehicle]. Employee must possess and maintain a valid Montana Motor Vehicle Operator’s License, Class [License Class], as required for the duties assigned.

2. Duties and Responsibilities

  • Accurate and timely delivery of goods to specified locations within Montana.
  • Loading and unloading procedures as required for efficient delivery.
  • Verifying receipt signatures and managing delivery documentation.
  • Using maps and GPS for route planning and navigation.
  • Managing time effectively to complete daily routes efficiently.
  • Practicing safe driving habits and adhering to all traffic laws.
  • Compliance with accident, inspection, and incident reporting according to Montana law.
  • Maintaining cleanliness and basic maintenance of the delivery vehicle.

3. Qualifications

  • Must be at least [Age] years of age. (Montana minimum age for commercial driving).
  • Possess a clean Motor Vehicle Record (MVR) as determined by Employer’s insurance provider.
  • Ability to lift and carry packages weighing up to [Weight] pounds.
  • Option A: Specialized training or certification (e.g., HAZMAT endorsement).
  • Option B: No specialized training or certification required.

4. Reporting Structure

  • Employee will report directly to [Reporting Manager, e.g., Logistics Manager, Dispatcher].
  • Communication will primarily be through [Communication Method, e.g., Company Phone/App].
  • Employee must check in with [Reporting Manager] at [Check-In Frequency, e.g., beginning and end of shift, hourly].
  • Procedures for requesting route changes or support: [Specific Procedures].

5. Work Location and Travel

  • Primary work location/delivery area: [Specific Montana location, e.g., Billings, rural routes in Eastern Montana].
  • Option A: Travel Expectations: [e.g., Occasional overnight routes, cross-state deliveries to adjacent states].
  • Option B: Travel Expectations: [e.g., Limited to local deliveries within a specific radius].

6. Employment Type and Schedule

  • Full-time employment.
  • Regular work schedule: [Days of the week], from [Start Time] to [End Time].
  • Daily hours: [Number] hours. Weekly hours: [Number] hours.
  • Rest/Break periods: [Specify break times, adhering to Montana state law].
  • Option A: On-call or overtime assignments: [Conditions for on-call/overtime].
  • Option B: No on-call assignments. Overtime may be required with prior approval.

7. Compensation

  • Hourly wage: [Dollar Amount] per hour OR Salary: [Dollar Amount] per year.
  • Method of wage payment: [e.g., Direct Deposit, Check].
  • Frequency of wage payment: [e.g., Bi-weekly, Semi-monthly] (not to exceed 15 days between paydays per § 39-3-204 MCA).
  • Overtime pay: 1.5 times the regular rate for hours worked over 40 in a workweek. Hours spent driving, waiting, and performing vehicle checks are included in the calculation of hours worked.

8. Mileage Reimbursement

  • Option A: If Employee uses personal vehicle: Reimbursement rate of [Dollar Amount] per mile (per IRS or Montana state guidelines).
  • Option B: Not applicable. Company vehicle is provided.

9. Expense Reimbursement

  • Employer will reimburse for fuel, tolls, parking, and other job-related expenses.
  • Reporting process for expense approval and documentation: [Specific procedures, e.g., Submit expense reports with receipts].

10. Benefits

  • Health insurance: [Eligibility details and coverage].
  • Dental insurance: [Eligibility details and coverage].
  • Vision insurance: [Eligibility details and coverage].
  • Workers’ compensation: Coverage provided as required under Montana law. (Refer to relevant Montana codes).
  • Paid/Unpaid sick leave: [Accrual and usage details].
  • Vacation/PTO accrual: [Accrual and usage details].
  • Compliance with state/federal holidays: [Specify paid holidays].
  • Option A: Retirement plans (401(k)/IRA): [Eligibility and details].
  • Option B: No retirement plan offered.

11. Additional Benefits

  • Option A: Short-term disability: [Eligibility and coverage].
  • Option B: Long-term disability: [Eligibility and coverage].
  • Option C: Life insurance: [Eligibility and coverage].
  • Option D: Provider-specific benefits: [e.g., Driver safety bonuses, performance incentives].

12. Drug and Alcohol Testing Policy

Employee will be subject to pre-hire, post-accident, and random drug/alcohol testing in compliance with commercial driver requirements and § 39-2-205 MCA regarding testing rights and procedures.

[Specify testing procedures and consequences of positive results].

13. Compliance with Laws and Regulations

Employee must adhere to all applicable federal and Montana state traffic laws, local ordinances, USDOT/FMCSA regulations for commercial driving safety and hours-of-service limits.

Employee is responsible for maintaining accurate logbooks or using ELDs as required.

14. Occupational Health and Safety

  • Compliance with Montana Safety Culture Act.
  • Employer will provide driver safety training.
  • Availability of safety equipment (high-vis vests, first aid kits).
  • Reporting channels for workplace injuries: [Specific procedures].
  • Procedures for addressing unsafe working conditions or road hazards: [Specific procedures].

15. Insurance and Liability

  • Company insurance: Comprehensive, liability, and cargo insurance.
  • Employee responsibilities for reporting incidents, accidents, or citations: [Specific reporting procedures].

16. Vehicle Maintenance and Inspection

  • Procedures for maintenance and inspection of employer-provided vehicles: [Specific procedures].
  • Documentation requirements for personal vehicles (if used): Insurance, inspection, maintenance logs.
  • Employer monitoring systems (GPS, dashcam): [Details of monitoring].

17. Company Property

  • Employee is responsible for the use and care of the vehicle, keys, uniform, and other equipment.
  • Upon termination, Employee must return all company property.
  • Employee must report any loss or damage to company property immediately.

18. Confidentiality

Employee agrees to maintain the confidentiality of route assignments, client/customer lists, and proprietary delivery practices or pricing.

19. Technology Use and Data Security

  • Authorized use of mobile devices, GPS tracking, and driver apps: [Specific guidelines].
  • Requirements under Montana privacy law for monitoring or recording locations: [Details on data collection and usage].

20. Anti-Discrimination and Anti-Harassment

  • Employer adheres to the Montana Human Rights Act.
  • Prohibited discrimination based on race, color, religion, sex, national origin, age, disability, marital status, etc.
  • Complaint protocols for issues arising from interactions with clients/customers, coworkers, or the public: [Specific procedures].

21. Employment Status

Employment is "at-will" as defined under Montana law, but subject to wrongful discharge protections under the Montana Wrongful Discharge from Employment Act (WDEA).

Just cause definitions, progressive discipline procedures, required written notice of discharge, and Employer’s internal grievance processes: [Refer to Employee Handbook or provide details].

22. Resignation and Termination

  • Required advance notice (if any): [Number] days.
  • Final paycheck timing: Within the next scheduled payday or 15 days as per § 39-3-205 MCA.
  • Return of company property upon termination.
  • Offboarding vehicle inspection: [Procedure for final inspection].

23. Non-Solicitation and Non-Disclosure

  • Employee agrees not to solicit Employer's clients or employees during and after employment.
  • Employee agrees to maintain the confidentiality of Employer's trade secrets and confidential information.
  • Option A: Non-compete: [Limited and reasonable restrictions, if any].
  • Option B: No Non-compete.

24. Legal Compliance and Audit

  • Periodic review of driving record (MVR checks).
  • Compliance with Montana Highway Patrol and DOT audits.
  • Consequences of violations: [Specific disciplinary actions].

25. Customer Complaints and Disputes

  • Procedures for addressing customer complaints, delivery disputes, or damaged goods: [Specific reporting chain and procedures].
  • Potential disciplinary actions: [Specify potential consequences].

26. Tax Withholding and Reporting

Employer will comply with Montana tax withholding and reporting requirements for wage payments.

Employee's obligations for FICA, state/federal income tax, and issuance of annual W-2s.

27. Dispute Resolution

  • Mediation and arbitration before litigation.
  • Governing law and jurisdiction: Montana.
  • Details for handling workplace injury/disability claims under state law: [Reference Montana workers’ compensation laws].

28. Amendment

Employer reserves the right to amend this contract as Montana law or business circumstances evolve.

Notice procedures for changes: [e.g., Written notice 30 days prior to effective date].

29. Acknowledgement

Employee acknowledges receipt of the employee handbook, safety protocols, and required training completion.

30. Adjustments

All contract terms are adjustable to match changing business needs, with adherence to Montana legal updates and best industry practices.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Company Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Employee Name]

Signature: ____________________________

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