Montana technical support engineer employment contract template
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How Montana technical support engineer employment contract Differ from Other States
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Montana is a 'for-cause' state, which means employers must specify valid reasons for termination in employment contracts.
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Non-compete clauses in Montana are enforceable only under strict conditions, unlike in most other U.S. states.
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Montana law requires final wages to be paid immediately upon termination, impacting how employment contracts address payment terms.
Frequently Asked Questions (FAQ)
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Q: Is at-will employment allowed for technical support engineers in Montana?
A: Montana does not follow traditional at-will employment. Employees are typically protected from termination without just cause after a probationary period.
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Q: Are non-compete agreements enforceable in Montana technical support engineer contracts?
A: Non-compete clauses are only enforceable in Montana if they are reasonable in duration, geographic scope, and protect legitimate business interests.
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Q: What wage payment requirements must be addressed in a Montana technical support engineer contract?
A: Montana requires final wages to be paid immediately upon termination, so contracts must specify prompt payment arrangements.
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Montana Technical Support Engineer Employment Contract
This Montana Technical Support Engineer Employment Contract ("Agreement") is made and entered into as of [Date of Signing], by and between:
- [Employer Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address], Montana ("Employer"), and
- [Employee Name], residing at [Employee Address], Montana ("Employee").
1. Job Title and Description
- The Employee is hired as a Technical Support Engineer.
- The Employee's duties and responsibilities include, but are not limited to:
- Providing technical assistance to end-users and clients.
- Managing technical support tickets and incident cases.
- Troubleshooting software, hardware, and infrastructure issues.
- Executing remote diagnostic procedures.
- Maintaining system documentation.
- Adhering to service level agreements (SLAs) and ticket response/escalation timelines.
- Creating knowledge base articles.
- Conducting user training.
- Technological proficiencies required:
- Option A: [Specific Operating Systems, e.g., Windows, Linux, macOS]
- Option B: [Network Protocols, e.g., TCP/IP, DNS, DHCP]
- Option C: [Remote Access Tools, e.g., RDP, SSH, VPN]
- Option D: [Cloud Platforms, e.g., AWS, Azure, GCP]
- Option E: [Support System Software, e.g., Zendesk, Jira Service Management]
- Option F: [Hardware Maintenance Tools, e.g., Oscilloscopes, Multimeters]
- Certifications (Required/Preferred):
- Option A: CompTIA A+ (Preferred/Required)
- Option B: Microsoft Certified (Preferred/Required)
- Option C: Cisco Certified (Preferred/Required)
- Option D: [Other Certification] (Preferred/Required)
2. Work Location
- Option A: The primary work location is [Employer Address], Montana.
- Option B: The Employee will primarily work remotely.
- Montana Remote Work Rules:
- Montana Tax Reporting: Employee is responsible for compliance with Montana state tax laws.
- Equipment Provision: Employer will provide [List of Equipment].
- Internet Reimbursement: Employer will reimburse up to [Dollar Amount] per month for internet expenses.
- Data Security Compliance: Employee must comply with Employer's data security policies.
- Montana Remote Work Rules:
- Option C: The Employee will work at client sites located in Montana.
3. Full-Time Employment Status
- The Employee is hired as a full-time employee.
- The standard workweek is [Number] hours per week.
- Lunch and rest breaks will be provided in accordance with Montana labor regulations.
- Option A: The Employee is eligible for overtime pay at a rate of 1.5 times the regular rate of pay for hours worked over 40 in a workweek, as per Montana law.
- Option B: The Employee is exempt from overtime pay under the [Exemption Type, e.g., Administrative Exemption] of the Fair Labor Standards Act and Montana Minimum Wage and Overtime Law.
4. Compensation and Benefits
- The Employee's base salary is [Dollar Amount] per [Year/Hour].
- Pay Cycle: [Weekly/Bi-weekly/Monthly]
- Overtime pay will be calculated in accordance with Montana law.
- Option A: Performance-based incentive plans are linked to technical support KPIs, such as [KPI Examples].
- Option B: The Employee is eligible for [Shift Differential/On-Call Pay/Commission/Bonus] as per company policy.
- Benefits:
- Health, dental, and vision insurance plans.
- Retirement plan: [Specify plan, e.g., 401(k), Montana Public Employee Retirement System].
- Paid vacation: [Number] days per year, accrued according to company policy.
- Sick leave: [Number] days per year (Note: Montana does not require private sector paid sick leave).
- Paid Montana statutory holidays.
- Option A: Company-provided transportation or parking.
- Option B: Reimbursement policies for certification/continuing education: [Dollar Amount].
- Employee Assistance Program (EAP).
5. Intellectual Property
All technical solutions, scripts, documentation, knowledge base materials, and technical records created by the Employee within the scope of employment are owned by the Employer, in compliance with Montana law.
6. Confidentiality
The Employee agrees to maintain the confidentiality of client data, internal protocols, passwords/credentials, custom support materials, proprietary diagnostic tools, and third-party access information. This obligation survives termination of employment.
7. Employee Contributions
- Option A: The Employee may contribute to external technical forums or open-source projects with prior written consent from the Employer.
- Option B: The Employee may engage in outside engagements, subject to company consent and Montana's statutory employee rights regarding outside inventions.
8. Behavioral and Ethical Standards
The Employee must observe IT security procedures, use firm hardware/software appropriately, maintain zero tolerance for unauthorized data transfer, meet expected response times, update tickets diligently, maintain call quality, communicate professionally with clients, and ensure documentation accuracy.
9. Restrictive Covenants
- Non-Solicitation: The Employee agrees not to solicit employees or clients of the Employer for a period of [Number] months/years following termination of employment.
- Non-Disclosure: The Employee agrees not to disclose confidential information of the Employer to any third party.
- Non-Compete:
- This non-compete agreement is limited to the minimum necessary to protect legitimate business interests in Montana.
- Duration: [Number] months/years following termination of employment.
- Geographic Scope: [Specific Geographic Area, e.g., Montana, specific counties].
- Scope of Covered Activities: [Specific Activities, e.g., providing technical support for similar software products].
10. At-Will Employment
- The Employee's employment is at-will, subject to the probationary period.
- Probationary Period: [Number] days/months.
- After the probationary period, employment is for-cause under the Montana Wrongful Discharge from Employment Act.
- For-cause definitions: [List of potential causes for discharge]
- Standards for discipline and dismissal: [Outline procedures and standards]
- Employee rights to receive written reasons for discharge.
11. Termination
- The Employee must provide [Number] days/weeks written notice of resignation.
- The Employer may terminate employment with [Number] days/weeks written notice, subject to Montana law.
- Final pay, including payout of accrued but unused vacation, will be provided in accordance with Montana law.
12. Mandatory Workplace Policies
The Employer maintains a policy of anti-discrimination, equal employment opportunity, and anti-harassment, covering all Montana-protected classes, including marital status and political belief, in line with the Montana Human Rights Act.
13. Occupational Health and Safety
- The Employee is covered under Montana's Workers' Compensation Act.
- The Employee must adhere to ergonomic or site safety standards, if applicable.
14. Dispute Resolution
The parties agree to attempt to resolve any disputes through internal reporting and mediation before resorting to arbitration/litigation in Montana courts, as permitted by state law. Governing law is Montana.
15. Compliance with Montana Law
This Agreement is intended to comply with all applicable Montana laws, including those related to minimum wage, wage deductions, and any local licensing/registration rules.
16. Employment Eligibility
The Employee must provide documentation demonstrating employment eligibility in compliance with US and Montana law.
17. Entire Agreement and Severability
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.
18. Modification
This Agreement may be modified only in writing, signed by both parties.
19. Assignment
This agreement is not assignable.
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]