Montana maintenance technician employment contract template

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How Montana maintenance technician employment contract Differ from Other States

  1. Montana is not an at-will employment state; termination must be for good cause after a probationary period, unlike most states.

  2. Montana law sets a default probationary period of six months, affecting when an employee gains protection from wrongful discharge.

  3. Employment contracts in Montana must comply with the Montana Wrongful Discharge from Employment Act (WDEA), which is more protective than laws in other states.

Frequently Asked Questions (FAQ)

  • Q: Is Montana an at-will employment state for maintenance technicians?

    A: No, Montana is the only state that does not follow at-will employment after a probationary period.

  • Q: What is the typical probationary period under a Montana employment contract?

    A: Montana defaults to a six-month probationary period unless stated otherwise in the contract.

  • Q: Does Montana require specific discharge procedures in maintenance technician contracts?

    A: Yes. After the probation period, a valid reason is required for termination as per state law.

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Montana Maintenance Technician Employment Contract

This Montana Maintenance Technician Employment Contract ("Agreement") is made and entered into as of [Date of Execution], by and between [Employer Full Legal Name], located at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

1. Employment

  • Option A: The Employer hereby employs the Employee as a full-time Maintenance Technician.
  • Option B: The Employer hereby employs the Employee as a part-time Maintenance Technician.

2. Position and Duties

The Employee is hired as a Maintenance Technician and shall perform the following duties:

  • Option A: General Maintenance Technician: Performing maintenance and repairs at [Property/Facility Name], located at [Property/Facility Address].
    • Including, but not limited to, preventative maintenance, troubleshooting, repair, and replacement of mechanical, electrical, HVAC, plumbing, safety, and structural systems.
  • Option B: Specialized Maintenance Technician: Maintaining and repairing [Specific Equipment Type, e.g., boilers, HVAC systems] at [Property/Facility Name], located at [Property/Facility Address].
    • Possessing and maintaining required Montana or federal licenses/certifications, such as [List Required Licenses/Certifications, e.g., EPA Section 608, Montana Boiler Operator License].
  • Additional duties may include:
    • Emergency response as required.
    • Inventory management and record-keeping.
    • Equipment inspections.
    • Routine and seasonal tasks, including snow removal and heating system checks.
  • The Employee shall report to [Supervisor Name/Title, e.g., Property Manager, Facilities Director].

3. Qualifications

  • The Employee must possess the following minimum qualifications:
    • Option A: High school diploma or equivalent.
    • Option B: Vocational training or certification in [Relevant Trade, e.g., HVAC, Electrical].
  • Required Physical Abilities:
    • The Employee must be able to lift [Weight in lbs] pounds, stand for extended periods, and work in various weather conditions.
  • Required Certifications:
    • Must hold and maintain valid [List Certifications, e.g., Driver's License, EPA 608] certifications.

4. Place of Work

  • Option A: The principal place of work shall be [Property/Facility Address].
  • Option B: The Employee may be required to travel between multiple locations as needed, including [List Locations].
  • On-Call Requirements:
    • The Employee will participate in an on-call rotation as scheduled.

5. Work Hours

  • The standard full-time work hours are [Number] hours per week.
    • Option A: The regular shift schedule is [Start Time] to [End Time], [Days of the Week].
    • Option B: Schedule may vary based on business needs.
  • Overtime:
    • Overtime will be paid at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek, in compliance with Montana law.
  • On-Call Compensation:
    • The Employee will receive [Dollar Amount] for each on-call shift, and a minimum of [Number] hours of pay at the overtime rate for any call-outs.
  • Breaks:
    • The Employee is entitled to a [Number] minute unpaid meal break and [Number] minute paid rest breaks in compliance with Montana law.

6. Compensation and Benefits

  • The Employee's base wage will be [Dollar Amount] per [Hour/Year], payable [Frequency, e.g., bi-weekly].
  • Overtime: Overtime will be paid at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek, in compliance with Montana law.
  • On-Call Stipend: The Employee will receive [Dollar Amount] per on-call shift.
  • Benefits:
    • Option A: The Employee is eligible for the following benefits package:
      • Health, dental, and vision insurance.
      • Short- and long-term disability insurance.
      • Workers' compensation coverage per Montana state requirements.
      • Unemployment insurance.
      • Retirement plan (401k) with employer match [Percentage]%.
      • Paid time off (vacation, sick leave, Montana-recognized holidays).
    • Option B: No benefits are provided.
  • Reimbursement:
    • The Employee will be reimbursed for authorized work-related expenses, including travel.

7. Training

  • The Employer will provide required safety and compliance training, including:
    • Option A: OSHA training.
    • Option B: Job hazard analysis.
    • Option C: Lockout/tagout procedures.
    • Option D: Hazardous materials handling.
    • Option E: Workplace violence/harassment prevention.

8. Employee Conduct

  • The Employee shall adhere to the Employer's safety policies, code of conduct, and all applicable laws.
    • Including Montana’s drug and alcohol workplace requirements.
  • The Employee shall maintain the confidentiality of proprietary or facility information.

9. Employer's Property Rights

  • All service logs, maintenance records, and any process improvements or manuals developed by the Employee during employment are the property of the Employer.

10. Documentation of Work

  • The Employee shall accurately document all maintenance work performed, including time spent, materials used, and any issues encountered.

11. Employment At-Will

  • Option A: Employment is at-will and may be terminated by either party at any time, with or without cause, subject to the probationary period and "good cause" requirements as defined in Montana's Wrongful Discharge from Employment Act.
  • Option B: (If applicable) During the probationary period of [Number] days, employment can be terminated for any reason. After the probationary period, termination is subject to the Montana Wrongful Discharge from Employment Act.
  • Resignation: The Employee shall provide [Number] days' written notice of resignation.

12. Background Checks and Drug Testing

  • Option A: Employment is contingent upon successful completion of a background check and drug test.
  • Option B: The Employer reserves the right to conduct random drug tests during employment, consistent with Montana law.

13. Anti-Discrimination

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

14. Non-Competition and Confidentiality

  • Non-Competition:
    • Option A: Employee agrees that for a period of [Number] months following termination of employment, Employee will not work for a competitor in [Specify Geographic Area]. This clause is subject to Montana law and will be narrowly construed.
    • Option B: No non-competition agreement is required.
  • Confidentiality:
    • The Employee shall maintain the confidentiality of all proprietary information, including methods, processes, customer data, and facility security protocols.

15. Safety and Reporting

  • The Employee shall immediately report any safety incidents, hazards, or workplace injuries to [Designated Person/Department].

16. Dispute Resolution

  • Any disputes arising out of or relating to this Agreement shall be resolved through:
    • Option A: Internal complaint process.
    • Option B: Mediation in [City, Montana].
    • Option C: Arbitration in accordance with Montana law.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Montana. Venue for any legal action shall be [County, Montana].

17. Workers' Compensation

  • The Employee is covered by the Employer's workers' compensation insurance policy per Montana state requirements.

18. Use of Employer Vehicles

  • Option A: The Employee may be required to operate an employer-provided vehicle. The Employee must possess a valid driver's license and maintain a good driving record.
  • Option B: No employer-provided vehicle will be assigned to the Employee.
  • Option C: If using a personal vehicle for work, Employee will be reimbursed at the current IRS mileage rate and provide proof of insurance.

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

____________________________
[Employer Representative Name], [Employer Title]
Employer

____________________________
[Employee Full Legal Name]
Employee

Date: [Date]

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