Montana employment contract template

Montana Employment Contract

This Employment Contract (the "Contract") is made and entered into as of this [Date], by and between [Employer Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Business Address] (the "Employer"), and [Employee Full Legal Name], residing at [Employee Address] (the "Employee").

• Optional Employer Information:
  • Employer Tax ID: [Employer Tax ID]
  • Employer Contact Person: [Employer Contact Person]
• Optional Employee Information:
  • Employee Phone Number: [Employee Phone Number]
  • Employee Email: [Employee Email]

1. Position and Responsibilities

The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, upon the terms and conditions hereinafter set forth.

• Job Title: [Employee Job Title]

• Job Description:
  • Option A: The Employee shall perform the following duties and responsibilities: [Detailed Description of Job Duties]
  • Option B: The Employee's duties and responsibilities will be those reasonably assigned by the Employer from time to time.

• Work Location:
  • Option A: The Employee's primary work location shall be [Primary Work Location].
  • Option B: The Employee may be required to work at other locations as reasonably required by the Employer.
  • Option C: The Employee may be permitted to work remotely, subject to the Employer's remote work policy.

• Type of Employment:
  • Option A: Full-Time
  • Option B: Part-Time
  • Option C: Seasonal
  • Option D: Temporary
  • Option E: Probationary

• FLSA Status:
  • Option A: Exempt
  • Option B: Non-Exempt

2. Term of Employment

• Term:
  • Option A: Indefinite Term
  • Option B: Fixed Term
    • Start Date: [Start Date]
    • End Date: [End Date]

• Probationary Period:
  • Option A: The Employee's employment is subject to a probationary period of [Number] months, commencing on the Start Date. The maximum allowable probationary period under Montana law is six (6) months. After the probationary period, employment is no longer “at-will” and is subject to the protections of the Montana Wrongful Discharge from Employment Act (WDEA).
  • Option B: There is no probationary period.

• At-Will Employment (Applicable ONLY during the Probationary Period):
  • Option A: During the probationary period, employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. [Note: This clause is only valid during the probationary period. After the probationary period concludes, employment is governed by the Montana Wrongful Discharge from Employment Act (WDEA)]

• Renewal/Evaluation (Applicable ONLY to Fixed-Term Employment):
  • Option A: This Contract may be renewed upon mutual written agreement of the parties.
  • Option B: The Employee's performance will be evaluated [Frequency] to determine suitability for continued employment.

3. Compensation and Benefits

• Base Compensation:
  • Option A: The Employee shall receive a base salary of [Dollar Amount] per year, payable [Pay Frequency: e.g., bi-weekly, monthly].
  • Option B: The Employee shall receive an hourly wage of [Dollar Amount] per hour, payable [Pay Frequency: e.g., bi-weekly, weekly].

• Overtime:
  • Option A: Non-Exempt Employees will be compensated for overtime hours worked in accordance with applicable federal and state law. Overtime is calculated at one and one-half (1.5) times the regular rate of pay for all hours worked over forty (40) in a workweek.
  • Option B: Exempt Employees are not eligible for overtime pay.

• Bonus/Incentive:
  • Option A: The Employee may be eligible for a bonus or incentive plan, subject to the terms and conditions outlined in [Bonus Plan Document Name].
  • Option B: The Employee is not eligible for a bonus or incentive plan.

• Reimbursement:
  • Option A: The Employee will be reimbursed for reasonable and necessary business expenses incurred in the performance of their duties, subject to the Employer's expense reimbursement policy.
  • Option B: Expenses require prior written approval from [Manager Title].

• Wage Payment:
  • Option A: Wages shall be paid by [Method of Payment: e.g., direct deposit, check] on [Day of the week/month].
    • Direct Deposit Disclosure: As required by Montana law, if direct deposit is used, the Employee acknowledges and agrees that wages will be deposited into the account designated by the Employee.
  • Option B: Wages shall be paid by check and mailed to the Employee's address on file.

• Benefits:
  • Option A: The Employee is eligible to participate in the following benefit programs, subject to the terms and conditions of each plan:
    • Health Insurance
    • Dental Insurance
    • Vision Insurance
    • Life Insurance
    • Disability Insurance
    • Retirement/Pension Plan
    • Stock Options
    • Paid Time Off (PTO)
    • Vacation Leave
    • Sick Leave
    • Holidays
    • Family and Medical Leave
    • Other: [Specify Other Benefits]
  • Option B: The Employee is not eligible for benefits at this time.

4. Employee Conduct

• Working Hours:
  • Option A: The Employee's regular working hours will be [Number] hours per week, from [Start Time] to [End Time], [Days of the Week].
  • Option B: The Employee's working hours will vary based on business needs.

• Overtime Approval:
  • Option A: All overtime hours must be pre-approved by [Manager Title].
  • Option B: Overtime is permitted as needed without prior approval.

• Workplace Conduct:
  • Option A: The Employee is expected to maintain a professional and respectful demeanor in the workplace and adhere to all Employer policies and procedures.
  • Option B: The Employee is expected to follow all reasonable requests from management.

• Disciplinary Procedures:
  • Option A: The Employer reserves the right to discipline employees for misconduct, violation of company policies, or unsatisfactory performance.
  • Option B: Disciplinary actions may include, but are not limited to, verbal warnings, written warnings, suspension, and termination.

• Dress Code:
  • Option A: The Employee is required to adhere to the Employer's dress code, as outlined in [Dress Code Policy Document].
  • Option B: There is no specific dress code.

Anti-Harassment and Anti-Discrimination:

The Employer is committed to providing a workplace free of harassment and discrimination. The Employer strictly prohibits discrimination and harassment based on race, color, religion, national origin, sex, age, marital status, physical or mental disability, sexual orientation, or any other characteristic protected by federal or Montana law. All employees are expected to comply with the Montana Human Rights Act and all other applicable anti-discrimination laws.

Social Media and Communications:

The Employee's use of social media and other forms of communication must comply with the Employer's social media policy.

• Additional Workplace Rules:
  • Option A: [List of Additional Workplace Rules]
  • Option B: None.

5. Intellectual Property and Confidentiality

• Confidential Information:
  • Option A: "Confidential Information" includes, but is not limited to, trade secrets, proprietary information, customer lists, financial data, marketing plans, and any other information not generally known to the public that gives the Employer a competitive advantage.
  • Option B: Confidential Information includes all data, know-how and trade secrets of the Employer.

Protection of Confidential Information:

The Employee agrees to hold all Confidential Information in strict confidence and not to disclose or use it for any purpose other than for the benefit of the Employer. This obligation continues both during and after employment.

Ownership of Inventions:

The Employee agrees that all inventions, works, or other intellectual property created by the Employee within the scope of their employment shall be the sole property of the Employer. The Employee will assist in securing intellectual property protection for the inventions.

Company Property:

The Employee is responsible for the proper use and care of all company property, including computers, equipment, and documents.

• Post-Employment Confidentiality:
  • Option A: The Employee's obligation to protect Confidential Information shall continue indefinitely after termination of employment.
  • Option B: The Employee's obligation to protect Confidential Information shall continue for [Number] years after termination of employment.
  • Option C: Omit this sub-clause.

6. Restrictive Covenants

• Non-Compete (Note: Generally disfavored and difficult to enforce in Montana):
  • Option A: The Employee agrees not to engage in any business that competes with the Employer within [Geographic Area] for a period of [Number] years after termination of employment. [Note: Enforceability of non-competes in Montana is limited and depends on reasonableness.]
  • Option B: Omit non-compete clause.

• Non-Solicitation:
  • Option A: The Employee agrees not to solicit the Employer's customers or employees for a period of [Number] years after termination of employment.
  • Option B: Omit non-solicitation clause.

• Non-Disclosure:
  • Option A: The Employee agrees not to disclose the Employer's confidential information to any third party, even if such disclosure does not constitute active competition.
  • Option B: Omit non-disclosure clause.

7. Separation, Off-boarding, and Return of Property

Final Wage Payment:

The Employee will receive their final wage payment in accordance with Montana law, which includes all earned but unpaid wages, vacation payout, and any other compensation due.

• Vacation Payout:
  • Option A: Accrued vacation time will be paid out in accordance with Montana law.
  • Option B: No accrued vacation time will be paid out. (Note: legality depends on Employer policy).

Benefits Continuation:

The Employee's benefits will continue or terminate in accordance with the applicable plan documents and federal law (COBRA).

• References:
  • Option A: The Employer will provide a neutral employment reference upon request.
  • Option B: The Employer is not obligated to provide a reference.

Return of Property:

The Employee is required to return all Employer property, including computers, mobile devices, documents, and access badges, upon termination of employment.

8. Termination

• Voluntary Resignation:
  • Option A: The Employee may resign from employment by providing [Number] days' written notice to the Employer.
  • Option B: The employee may resign immediately.

Dismissal for Cause:

The Employer may terminate the Employee's employment for cause, including but not limited to, misconduct, violation of company policies, or unsatisfactory performance.

• Termination Without Cause (Subject to WDEA after Probation):
  • Option A: The Employer may terminate the Employee's employment without cause. [Note: After the probationary period, this is subject to the Montana Wrongful Discharge from Employment Act (WDEA).]
  • Option B: Omit termination without cause.

Layoffs:

The Employer may terminate the Employee's employment due to layoffs necessitated by business conditions.

Unemployment Benefits:

The Employee's eligibility for unemployment benefits will be determined by the Montana Department of Labor and Industry in accordance with applicable law.

• Severance/Settlement:
  • Option A: The Employee may be eligible for severance pay as outlined in a separate severance agreement.
  • Option B: No severance pay will be provided.

9. Dispute Resolution

Internal Complaint Resolution:

The Employer encourages employees to attempt to resolve any workplace disputes through internal complaint resolution procedures.

• Mediation:
  • Option A: The parties agree to attempt to resolve any disputes through mediation before resorting to litigation.
  • Option B: The parties do not agree to mediation.

• Arbitration:
  • Option A: Any disputes arising out of or relating to this Contract shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration must be agreed to voluntarily.
    • Voluntariness statement: The parties acknowledge that agreeing to arbitration is voluntary. An employee is not required to waive their right to a judicial forum to resolve disputes. The employee may revoke their consent to arbitration within 30 days of signing this agreement.
  • Option B: The parties do not agree to arbitration.

Governing Law and Venue:

This Contract shall be governed by and construed in accordance with the laws of the State of Montana. Any legal action arising out of or relating to this Contract shall be brought in a court of competent jurisdiction in [County Name] County, Montana.

10. Worker Safety and Health

Compliance with OSHA and Montana Safety Culture Act:

The Employer is committed to providing a safe and healthy work environment and will comply with all applicable requirements of the Occupational Safety and Health Act (OSHA) and the Montana Safety Culture Act.

Workers' Compensation:

The Employer maintains workers' compensation insurance to cover employees who are injured on the job.

Accident Reporting:

The Employee is required to report any workplace accidents or injuries to [Manager Title] immediately.

Right to Refuse Unsafe Work:

The Employee has the right to refuse to perform work that they reasonably believe is unsafe.

11. Anti-Discrimination and Equal Opportunity

Equal Opportunity:

The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, national origin, sex, age, marital status, physical or mental disability, sexual orientation, or any other characteristic protected by federal or Montana law.

Anti-Retaliation:

The Employer prohibits retaliation against employees who report discrimination or harassment or who exercise their legal rights.

Whistleblower Protection:

The Employer complies with all applicable whistleblower protection laws.

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

[Employer Full Legal Name]

By: [Employer Signature]

Name: [Employer Printed Name]

Title: [Employer Title]

[Employee Full Legal Name]

By: [Employee Signature]

Name: [Employee Printed Name]