Montana executive assistant employment contract template

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How Montana executive assistant employment contract Differ from Other States

  1. Montana is the only state with a ‘wrongful discharge from employment’ law, providing greater job security for executive assistants after a probationary period.

  2. Non-compete agreements are generally unenforceable in Montana unless they meet strict reasonableness standards, differing from many other states.

  3. Montana does not strictly follow at-will employment once the probationary period ends, impacting contract termination clauses for executive assistants.

Frequently Asked Questions (FAQ)

  • Q: Is at-will employment applicable in Montana executive assistant contracts?

    A: Montana is not a true at-will employment state. After a probationary period, employment can only be terminated for good cause.

  • Q: Are non-compete clauses enforceable in Montana executive assistant contracts?

    A: Non-compete clauses are enforceable only if they protect a legitimate business interest and are reasonable in duration and geographic scope.

  • Q: Does Montana require a written employment contract for executive assistants?

    A: While not required by law, a written contract is strongly recommended to clearly outline job duties, compensation, and termination terms.

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Montana Executive Assistant Employment Contract

This Montana Executive Assistant Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Name], a [State] [Entity Type] with its principal place of business at [Employer Address, City, State, Zip Code] (“Employer”), and [Employee Name], residing at [Employee Address, City, State, Zip Code] (“Employee”).

1. Position

  • Executive Assistant
  • Option A: The Employee is hired as an Executive Assistant to support [Executive(s) Name(s)].
  • Option B: The Employee's duties will include, but not be limited to: high-level calendar management, meeting scheduling, travel coordination (including compliance with company and Montana state reimbursement policies), expense reporting, preparation and management of confidential correspondence, maintenance of filing systems (electronic and paper), project tracking, facilitating executive communications, research supports, gatekeeping for executives, support for board materials, handling sensitive personal and company information, and day-to-day executive logistical support.
  • Option C: Required skills and qualifications include: advanced proficiency with MS Office Suite, scheduling software, videoconferencing tools, discretion in handling confidential documents, professional written and verbal communication skills, and familiarity with Montana travel options, legal documentation, and relevant tribal or local government liaison needs.
  • Option D: Reporting structure: The employee will report directly to [Executive(s) Name(s)] and have a dotted line reporting relationship to [HR or Operations Manager]. The employee has authority to make/approve purchases/bookings/commitments up to [Dollar Amount] in accordance with Montana purchasing and expense rules.

2. Work Location

  • Option A: The principal work location is the Employer's worksite at [Employer Address, City, State, Zip Code].
  • Option B: The employee will work in a hybrid arrangement, working from the employer’s worksite [Number] days per week and remotely the remaining days.
  • Option C: The employee will work remotely from within Montana.
    • Sub-Option 1: The Employer will provide a home office stipend of [Dollar Amount] per month.
    • Sub-Option 2: The employee is responsible for maintaining data integrity and confidentiality in their remote work environment.

3. Employment Type and Work Hours

  • Option A: Full-time, Exempt
  • Option B: Full-time, Non-Exempt
  • The standard workweek is 40 hours per week. Core office hours are [Start Time] to [End Time], Monday through Friday.
  • Option C: Overtime work may be required and will be compensated in accordance with Montana law for non-exempt employees.
  • Option D: Break arrangements will comply with Montana’s overtime, break, and meal period rules.

4. Compensation

  • Option A: The Employee's base salary is [Dollar Amount] per year, payable [Frequency, e.g., bi-weekly].
  • Option B: The Employee's hourly wage is [Dollar Amount], payable [Frequency, e.g., bi-weekly]. This wage meets or exceeds Montana's minimum wage requirements.
  • Option C: Payment will be made via direct deposit.
  • Option D: Reimbursement policies are compliant with Montana law.
  • Option E: The Employee is eligible for a performance bonus, subject to [Bonus Criteria].
  • Option F: The Employee will be subject to annual reviews and may be eligible for merit increases.

5. Benefits

  • Option A: Employer-provided health, dental, and vision insurance.
  • Option B: Participation in the Employer's [Retirement Plan, e.g., 401(k)] plan.
  • Option C: Paid time off and sick leave policies as outlined in the Employee Handbook, including accrual, usage, and payout at separation according to Montana law.
  • Option D: Paid holidays recognized by the Employer and consistent with Montana-recognized holidays.
  • Option E: [Relocation/Commuting Stipend Details, if applicable].

6. Professional Development

  • Option A: The Employer will provide [Dollar Amount] per year for professional development and training opportunities.
  • Option B: The employee may be eligible for reimbursement for continuing education, skills training, or attendance at Montana-based professional organizations or conferences.

7. Confidentiality and Data Protection

The Employee agrees to maintain the confidentiality of all Employer information, including but not limited to financial data, customer lists, and trade secrets, in accordance with Montana's Uniform Trade Secrets Act.

This confidentiality obligation survives the termination of this Agreement.

The Employee must adhere to records and information management practices and comply with Montana-specific privacy obligations for both paper and electronic records.

8. Intellectual Property

All documents, templates, or processes created by the Employee during the course of their employment belong to the Employer.

  • Option A: The Employee is not permitted to use personal templates or materials without prior approval.
  • Option B: The Employee is permitted to use personal templates or materials with prior approval.

The Employee must obtain pre-approval for any external work activities.

9. Code of Conduct

The Employee agrees to abide by the Employer's code of conduct, including appropriate dress, computer and asset usage, compliance with IT security protocols, promptness, and professional communications.

Limits are placed on outside activities, use of employer resources, and representation on behalf of the employer.

10. Non-Discrimination and Harassment

The Employer is an equal opportunity employer and prohibits discrimination, harassment, and retaliation in all forms, consistent with Montana's Human Rights Act.

The Employee acknowledges receipt and understanding of the Employer's anti-harassment and equal employment opportunity policies.

11. Occupational Health and Safety

The Employer complies with Montana's occupational health and safety requirements, including the Montana Safety Culture Act.

The Employee is required to report any workplace injury or illness immediately.

The Employer maintains workers' compensation insurance coverage.

12. At-Will Employment

The Employee's employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause, subject to Montana law.

This Agreement does not modify the at-will nature of the employment relationship, except as limited by Montana law.

13. Termination

The Employee may resign by providing [Number] days' written notice.

The Employer may terminate the Employee's employment with or without cause.

  • Option A: In the event of termination without cause, the Employee is eligible for severance pay as outlined in the Employee Handbook.

Upon termination, the Employee must return all Employer property and revoke all access credentials.

Final pay will be provided to the Employee in compliance with Montana law.

14. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved first through internal company processes.

If internal processes fail, the parties agree to attempt mediation.

If mediation is unsuccessful, the parties may pursue arbitration or civil litigation, subject to Montana law.

This Agreement shall be governed by and construed in accordance with the laws of the State of Montana. Venue and jurisdiction for any legal action shall be in [County], Montana.

15. Background Checks and Verification

  • Option A: This offer of employment is contingent upon successful completion of a background check and reference check.
  • Option B: This offer of employment is contingent upon successful completion of a drug screening and eligibility verification.

16. Non-Solicitation and Non-Disparagement

To the extent enforceable under Montana law, the Employee agrees not to solicit the Employer's employees or customers for a period of [Number] months following termination of employment.

The Employee agrees not to disparage the Employer, its employees, or its products or services.

17. Employee Handbook

The Employee acknowledges receipt of and agrees to adhere to the Employer's Employee Handbook and other policies, as they may be amended from time to time.

18. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

This Agreement may be amended or supplemented only in writing and signed by both parties.

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

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

Date: [Date]

[Employee Name]

Signature: ____________________________

Date: [Date]

Notification Contacts:

Employer: [Contact Name, Phone, Email]

Employee: [Contact Name, Phone, Email]

[Include any required state or local notices, posters, employee rights summaries, or links to Montana Department of Labor resources.]

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