Montana graphic designer employment contract template

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How Montana graphic designer employment contract Differ from Other States

  1. Montana is the only state with 'wrongful discharge from employment' protection, requiring just cause for termination after a probationary period.

  2. Non-compete clauses in Montana are subject to stricter scrutiny and are enforceable only if they protect a legitimate business interest and are reasonable in scope.

  3. Montana has no statewide occupational license requirements for graphic designers, impacting employee classification and contract compliance.

Frequently Asked Questions (FAQ)

  • Q: Is at-will employment standard for graphic designers in Montana?

    A: No, Montana is unique. After a set probationary period, employees cannot be terminated without good cause.

  • Q: Are non-compete agreements generally allowed in Montana graphic designer contracts?

    A: Non-compete agreements are only enforceable if reasonable and protect clear business interests under Montana law.

  • Q: Do Montana contracts need to specify overtime pay for graphic designers?

    A: Yes, Montana follows federal wage laws, so overtime should be addressed if the designer qualifies as a non-exempt employee.

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Montana Graphic Designer Employment Contract

This Montana Graphic Designer Employment Contract (the "Agreement") is made and effective as of [Date], by and between [Employer Name], a Montana registered business with its principal place of business at [Employer Address], Montana, registered under [Employer Registration Number] (the "Employer"), and [Employee Name], residing at [Employee Address], Montana (the "Employee").

1. Employment

The Employer hires the Employee as a full-time Graphic Designer, and the Employee accepts such employment.

2. Job Description

The Employee's primary responsibilities include but are not limited to:

  • Conceptualizing and creating design solutions.
  • Developing digital and print graphics for various platforms.
  • Producing branding assets and marketing materials.
  • Managing client design revisions and feedback.
  • Developing layouts for Montana-based clients.
  • Collaborating with creative and marketing teams.
  • Operating design software (Adobe Creative Suite, Figma, Sketch, etc.).
  • Adhering to the Employer's brand guidelines.

3. Skills and Experience

The Employee possesses [Experience Level] years of experience in graphic design.

The Employee will maintain a portfolio that aligns with employer standards.

The Employee is proficient in [List Software] and possesses strong color theory and visual communication skills consistent with Montana industry best practices.

4. Work Location and Remote Policy

Option A: The primary work location is [Employer Address].

Option B: The Employee may work remotely according to the Employer's remote work policy, compliant with Montana law.

  • Employer will provide:
    • Computer, Monitor, and Licensed Software
  • Remote Work Agreement:
    • Employee will receive [Dollar amount] reimbursement for home-office equipment.

Option C: Hybrid work schedule based out of [Employer Address], with [number] days remote.

5. Employment Status and Work Hours

The Employee is a full-time employee under Montana law.

The standard work schedule is [Number] hours per week, [Start Time] to [End Time], [Days of the Week].

Break and meal periods will be provided in accordance with Montana wage and hour statutes.

Overtime, if required, will be compensated at one and one-half times the regular hourly rate for hours worked over 40 in a workweek, as required by Montana law.

6. Compensation

Option A: The annual salary is [Dollar Amount], payable [Frequency, e.g., bi-weekly] via [Payment Method, e.g., direct deposit].

Option B: The hourly wage is [Dollar Amount], payable [Frequency, e.g., bi-weekly] via [Payment Method, e.g., direct deposit].

Overtime will be paid in accordance with Montana law.

Option C: The Employee is eligible for project-based bonuses as determined by the Employer.

7. Benefits

The Employee is eligible for the following benefits:

  • Health, dental, and vision insurance
  • Access to professional development and design training programs
  • Paid time off (sick leave, vacation, and holidays) compliant with Montana leave requirements.
  • Parental leave (subject to eligibility under Montana and federal FMLA).
  • Wellness benefits (support for ergonomic workspaces)
  • Observed Holidays:
    • New Year's Day
    • Memorial Day
    • Independence Day
    • Labor Day
    • Thanksgiving Day
    • Christmas Day

8. Intellectual Property

All designs, source files, revisions, and proprietary graphic assets produced during employment are the property of the Employer, consistent with Montana's default rules on employer work ownership.

Use of designs in personal portfolios requires the Employer's prior written approval. Confidential or unreleased work is excluded.

9. Third-Party Content

The Employee is responsible for ensuring appropriate licensing and compliance with copyright law for all third-party content (stock images, fonts, etc.).

Internal approval and record-keeping requirements for font and image usage will be followed.

10. Confidentiality

The Employee shall maintain the confidentiality of client data, unreleased marketing launches, trade secrets, and internal creative concepts, both during and after employment, as governed by Montana's Uniform Trade Secrets Act.

11. Workplace Conduct

The Employee shall comply with the Employer's data privacy policies, digital file management protocols, communication standards, and quality expectations for design deliverables.

File naming conventions will follow established standards.

The employee will participate in company training sessions.

12. Reporting and Feedback

The Employee will report to [Creative Director/Marketing Manager/Other].

Regular feedback and revision cycles are expected for each project.

13. Outside Work

Option A: The Employee may not engage in any freelance or outside design work without written approval from the Employer.

Option B: Employee may engage in freelance work so long as it does not:

  • Directly compete with the Employer's business.
  • Create a conflict of interest.
  • Utilize the Employer's equipment or intellectual property.

14. Anti-Discrimination

The Employer prohibits discrimination based on race, color, religion, sex (including pregnancy and sexual orientation), marital status, age, disability, or national origin, consistent with the Montana Human Rights Act.

Procedures for handling complaints and reporting workplace misconduct are in place.

15. At-Will Employment and Termination

Employment is at-will, subject to the provisions of Montana's Wrongful Discharge from Employment Act (WDEA).

A probationary period of [Number] months applies.

Termination for cause requires good cause as defined by the WDEA.

The Employer will provide [Number] days' notice of termination, unless terminated for cause.

Resignation requires [Number] days' written notice.

Final pay will be provided in accordance with Montana law (upon next payday or within 15 days, whichever is sooner).

All company property, including design materials, must be returned upon termination.

16. Severance

Option A: No severance will be paid upon termination.

Option B: Severance will be paid according to the following schedule: [Severance Details].

17. Workplace Health and Safety

The Employer will provide an ergonomic workplace and access to mental health support.

Employees are required to report all workplace injuries or ergonomic concerns immediately.

18. Portfolio and Moral Rights

The Employee retains the right to claim authorship of their work, subject to the Employer's right to review and approve portfolio use.

19. Dispute Resolution

Any disputes will be resolved through good-faith negotiation, followed by optional mediation and arbitration per Montana law.

The jurisdiction for any unresolved claims shall be the courts of Montana.

20. Workers' Compensation

The Employee is covered by the Employer's Montana workers' compensation insurance.

Procedures for reporting work injuries are in place.

21. Compliance

This Agreement is governed by the laws of Montana and complies with all applicable Montana and federal labor, wage, tax, and employment laws.

22. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

23. Appendices

The following appendices are incorporated into this Agreement:

  • [Appendix A: Portfolio Policy]
  • [Appendix B: Design Standards Manual]
  • [Appendix C: Confidentiality Agreement]

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]

____________________________
[Employee Name]

Date: [Date]

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