Montana HR generalist employment contract template

Montana HR Generalist Employment Contract

This Full-Time HR Generalist Employment Contract ("Agreement") is made and entered into as of [Date] by and between:

• [Employer Full Legal Name], a [State of Incorporation] corporation, with a principal place of business at [Employer Physical Address] and mailing address at [Employer Mailing Address], hereinafter referred to as "Employer,"

and

• [Employee Full Legal Name], residing at [Employee Physical Address] and with a mailing address at [Employee Mailing Address], hereinafter referred to as "Employee." Employee's phone number is [Employee Phone Number] and email address is [Employee Email Address].

The Employer desires to employ the Employee, and the Employee desires to be employed by the Employer, as an HR Generalist, subject to the terms and conditions set forth herein.

1. Employment Location

• Option A: The Employee’s primary place of employment shall be [City, Montana].
• Option B: The Employee will work remotely from a home office located in Montana, subject to the Employer’s remote work policy and Montana-specific requirements including but not limited to data privacy and security protocols for HR records. The home office location must comply with all applicable Montana zoning and safety regulations.
• Option C: The Employee will work in a hybrid arrangement, with a combination of in-office work in [City, Montana] and remote work from their Montana home office, subject to the Employer's hybrid work policy.

2. Position and Responsibilities

• The Employee is hired as an HR Generalist and will report to [Supervisor's Name and Title].
• The Employee’s responsibilities include, but are not limited to:
  • Recruiting and onboarding new employees.
  • Administering employee benefits programs.
  • Coordinating payroll, ensuring compliance with Montana pay frequency and minimum wage laws.
  • Managing employee relations and addressing workplace issues.
  • Ensuring compliance with federal and Montana employment laws and regulations, including the Montana Human Rights Act.
  • Maintaining personnel files and ensuring data protection under Montana data privacy statutes.
  • Administering EEO/affirmative action programs.
  • Supporting workplace investigations.
  • Coordinating training programs, with a focus on Montana anti-harassment standards.
  • Developing and implementing HR policies.
  • Serving as a point of contact for the Montana Department of Labor and Industry.
  • Promoting workplace safety in accordance with Montana law.
• Option A: The Employee has authority to provide legal compliance advice related to Montana-specific employment law.
• Option B: The Employee does not have authority to provide legal compliance advice. All legal compliance questions should be directed to [Designated Legal Counsel].

3. Employment Type and Work Hours

• The Employee’s employment is full-time.
• Option A: The expected work hours are [Number] hours per week. Overtime work requires prior written authorization from [Supervisor's Name/Title]. Overtime compensation will be paid in accordance with Montana law for non-exempt employees.
• Option B: The expected work hours are [Number] hours per week. The position is salaried exempt.
• The Employee is entitled to meal and rest breaks as required by Montana labor law.
• Option A: The Employee is permitted a flexible work schedule, subject to Employer approval and adherence to Montana-specific wage/hour, tax withholding, and reporting obligations. Details are outlined in the company's flexible work policy.
• Option B: Remote work is permitted as outlined in the company's remote work policy. Employee must comply with Montana-specific wage/hour, tax withholding, and reporting obligations.

4. Compensation

• Option A: The Employee’s annual salary is [Dollar Amount], payable in accordance with Montana law.
• Option B: The Employee’s hourly wage is [Dollar Amount], which meets or exceeds Montana's minimum wage.
• The Employee will be paid [Frequency of Payment, e.g., bi-weekly] via [Method of Payment, e.g., direct deposit].
• Overtime compensation will be calculated in accordance with Montana law.
• Option A: The Employee is eligible for a bonus based on performance metrics as described in the Employer’s bonus plan.
• Option B: The Employee is not eligible for a bonus.
• Performance reviews and salary adjustments will be conducted [Frequency, e.g., annually] in accordance with company policy and Montana standards.

5. Benefits

• The Employee is eligible for the following employer-provided benefits, subject to eligibility requirements and waiting periods:
  • Health insurance
  • Vision insurance
  • Dental insurance
  • Retirement plan ([e.g., 401(k)])
  • Paid time off (vacation, sick leave, state/federal holidays, and parental leave)
  • Option A: Professional development and certification reimbursement for relevant HR certifications.
  • Option B: Jury duty leave and volunteer leave as required/allowed by Montana law.
• Eligibility and waiting periods are described in the Employee Benefits Summary. The employer complies with Montana’s Minimum Wage and Overtime Compensation Act and the federal Family and Medical Leave Act (FMLA).

6. Confidentiality

The Employee shall maintain the confidentiality of all employee data, sensitive organizational HR or payroll details, and comply with Montana data privacy laws. The Employee is prohibited from disclosing or trading proprietary employment policies or internal investigations.

7. Intellectual Property

All HR resources, templates, handbooks, and training materials developed by the Employee during employment are the property of the Employer, consistent with Montana law regarding employee-created works.

8. Ethical and Behavioral Standards

The Employee shall adhere to the Employer’s HR policies, properly handle employee records (including Montana laws on medical information and background checks), maintain zero tolerance of discriminatory and retaliatory conduct, promote workplace diversity and inclusion as per the Montana Human Rights Act, and avoid conflicts of interest in HR practices.

9. Non-Solicitation/Non-Competition

• Option A: (No restrictive covenants) No non-solicitation, no-poaching, or non-competition provisions apply to this agreement.
• Option B: (Very Limited Restrictive Covenant - Use with extreme caution and legal review due to Montana law) Employee agrees that during the term of employment and for a period of [Number] months following termination of employment, regardless of the reason for termination, Employee will not directly solicit or attempt to solicit any employee of Employer to leave the employment of Employer. This restriction is limited to [Specific geographic area, if any] and is necessary to protect Employer's legitimate business interests. This paragraph shall be interpreted in accordance with Montana law, which generally disfavors non-competition agreements.

10. At-Will Employment and Termination

• The Employee’s employment is at-will, as defined by Montana law, and is subject to the Montana Wrongful Discharge from Employment Act (WDEA).
• Employer must provide written notice of discharge, a plain explanation of separation reasons, and a statement of any applicable probationary period (not to exceed six months unless extended in writing).
• Employee Resignation: Employee must provide [Number] days' written notice of resignation. An exit interview will be conducted. Final wage payment will be made in accordance with Montana law.
• Company-Initiated Termination: After the probationary period, termination must be for good cause as defined by the WDEA.
• Layoffs: Layoffs will be conducted in accordance with applicable Montana law.

11. Return of Property

Upon termination of employment, the Employee shall return all Employer equipment, HR files, confidential data, and ensure deactivation of system access.

12. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be first submitted to mediation in [City, Montana]. If mediation is unsuccessful, the parties agree to submit to arbitration or to resolve the dispute in Montana state court. Montana law shall govern all claims.

13. Montana-Specific Compliance

The Employee shall comply with Montana-specific occupational health and safety requirements and workers’ compensation coverage under Montana statutes. The Employee shall address workplace harassment and bullying through training, reporting, and investigation.

14. Anti-Discrimination and Equal Employment Opportunity

The Employer maintains a strict anti-discrimination and equal employment opportunity policy, prohibiting discrimination based on race, creed, religion, color, physical or mental disability, marital status, age, sex, sexual orientation, national origin, or genetic information, in accordance with Montana law. Required postings are displayed, and complaint handling procedures are in place.

15. Integration, Severability, and Amendment

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may be amended only by a written instrument signed by both parties.

16. Background Checks

This offer of employment is contingent upon the successful completion of a background check in accordance with Montana law and with the Employee’s consent.

17. Continuing Education

• Option A: The Employee is encouraged to participate in continuing education and local Montana HR associations.
• Option B: The Employer will reimburse the Employee for membership fees for the following Montana HR associations: [List Associations].

18. Acknowledgment of Receipt

The Employee acknowledges receipt of the employee handbook, policies, and mandatory Montana posters or notices.

19. Personnel Data Requests and Audits

The Employee shall adhere to procedures for handling personnel data requests and government audits specific to Montana regulatory bodies.

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

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

[Employee Signature]

Date: [Date]