Nebraska employment contract template

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How Nebraska employment contract Differ from Other States

  1. Nebraska recognizes at-will employment, allowing either party to terminate the relationship at any time without cause, unless otherwise specified.

  2. Unlike some states, Nebraska does not require employment contracts to be in writing; oral agreements can be legally binding except for specific positions.

  3. Nebraska has fewer specific statutory requirements for non-compete clauses, but courts require that such clauses are reasonable in scope and duration.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required in Nebraska?

    A: No. Nebraska law allows both written and oral employment agreements, except for contracts that must be in writing under the statute of frauds.

  • Q: Are non-compete agreements enforceable in Nebraska employment contracts?

    A: Yes. Nebraska courts enforce non-compete clauses if they are reasonable in scope, duration, and serve a legitimate business interest.

  • Q: Can employers terminate employees without cause in Nebraska?

    A: Yes. Nebraska follows the at-will employment doctrine, allowing employers to terminate employees without cause, unless the contract states otherwise.

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Nebraska Employment Contract

This Nebraska Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Name], a [State] [Entity Type, e.g., Corporation] with its principal place of business at [Employer Business Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).

1. Employment

  • A. Position: Employee is hired as [Employee Position/Title].
  • B. Job Duties: Employee will perform the following duties:
    • [List of Job Duties and Responsibilities, e.g., Manage client accounts, Generate sales leads, Prepare reports]
  • C. Work Location:
    • Option A: The primary work location is [Work Location Address].
    • Option B: Employee may be required to work at various locations as needed.
    • Option C: Remote work is permitted subject to Employer's policies.
  • D. Employment Type:
    • Option A: Full-time
    • Option B: Part-time
    • Option C: Temporary
    • Option D: Seasonal
    • Option E: Intern
    • Option F: Contract Worker (Note: Consult legal counsel regarding independent contractor status in Nebraska)
  • E. FLSA Status:
    • Option A: Exempt
    • Option B: Non-Exempt

2. Work Schedule and Hours

  • A. Normal Work Schedule: The normal work schedule is [Days of the Week], from [Start Time] to [End Time].
  • B. Work Hours: Employee is expected to work [Number] hours per week.
  • C. Remote Work:
    • Option A: Remote work is not permitted.
    • Option B: Remote work is permitted according to the Employer's remote work policy.
  • D. Flexible Scheduling:
    • Option A: Flexible scheduling is not available.
    • Option B: Flexible scheduling may be available subject to Employer approval.

3. Term of Employment

  • A. At-Will Employment:
    • Option A: Employee's employment is at-will. This means that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or advance notice, subject to applicable Nebraska and federal laws.
    • Option B: This employment agreement is subject to a probationary period, as described below.
  • B. Fixed-Term Employment:
    • Option A: This is not a fixed-term employment.
    • Option B: This is a fixed-term employment agreement for a term beginning on [Start Date] and ending on [End Date].
      • Renewal will be considered based on [Evaluation Criteria].
      • Early termination is permitted under the following circumstances: [Allowable Early Termination Situations].

4. Compensation and Benefits

  • A. Base Salary/Wage:
    • Option A: Employee's base salary is [Dollar Amount] per year.
    • Option B: Employee's hourly wage is [Dollar Amount] per hour.
  • B. Pay Period: Employee will be paid [Weekly/Biweekly/Monthly].
  • C. Overtime: Employee is eligible for overtime pay at a rate of one and one-half (1.5) times their regular rate of pay for all hours worked over forty (40) in a workweek, in accordance with the Fair Labor Standards Act (FLSA) and Nebraska law.
  • D. Bonus/Incentive:
    • Option A: Employee is not eligible for bonuses or incentives.
    • Option B: Employee may be eligible for bonuses or incentives as determined by the Employer. Details are described in [Bonus Plan Document].
  • E. Pay Adjustments: Salary reviews will occur [Frequency of Reviews, e.g., Annually].
  • F. Reimbursement: Employee will be reimbursed for reasonable business expenses incurred in the performance of their duties, subject to Employer's expense reimbursement policy.
  • G. Benefits:
    • Employee may be eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
    • Health Insurance
    • Dental Insurance
    • Vision Insurance
    • Life Insurance
    • Disability Insurance
    • Retirement Plan (e.g., 401(k))
    • Vacation Leave
    • Holiday Leave
    • Sick Leave
    • Paid Time Off
    • Paid Family Leave
    • [Other Company Perks]

5. Probationary Period

  • A. Probationary Period:
    • Option A: There is no probationary period.
    • Option B: Employee will be subject to a probationary period of [Number] days/months, during which their performance will be evaluated based on [Evaluation Criteria]. Benefits eligibility will be affected as follows: [Impact on Benefits Eligibility].

6. Performance Evaluation

Employee’s performance will be evaluated [Frequency of Reviews, e.g., Annually]. The evaluation criteria will include [Evaluation Criteria]. Raises, promotions, or disciplinary actions will be determined based on performance.

7. Workplace Policies and Employee Conduct

Employee is required to adhere to all Employer policies, including but not limited to:

  • Code of Conduct
  • Anti-Harassment and Anti-Discrimination Policies (Complying with Nebraska Fair Employment Practice Act)
  • Dress Code
  • Attendance and Punctuality Standards
  • Substance Abuse Policies
  • Use of Company Equipment and IT Systems
  • Social Media Guidelines
  • [Additional Policies]

8. Confidentiality and Proprietary Information

Employee agrees to hold confidential all proprietary information of the Employer, including trade secrets and confidential business information, during and after employment.

  • Upon termination, Employee will return all company property.
  • Employee will comply with Employer's data protection policies.
  • [Optional: Detailed Confidentiality Clauses]

9. Intellectual Property

All inventions, works, and other intellectual property created by Employee in the course of their employment belong to the Employer. Employee agrees to assign all rights to such intellectual property to the Employer.

10. Non-Competition/Non-Solicitation/Non-Disparagement

  • A. Non-Competition:
    • Option A: There is no non-competition agreement.
    • Option B: Employee agrees to the terms of the attached Non-Competition Agreement. (Note: Must be narrowly tailored and reasonable under Nebraska law.)
  • B. Non-Solicitation:
    • Option A: There is no non-solicitation agreement.
    • Option B: Employee agrees to the terms of the attached Non-Solicitation Agreement. (Note: Must be narrowly tailored and reasonable under Nebraska law.)
  • C. Non-Disparagement: Employee agrees not to disparage the Employer, its officers, directors, employees, or products/services, during or after employment.

11. Discipline and Termination

Employee may be subject to disciplinary action, up to and including termination, for cause, including but not limited to misconduct or violation of company policies.

The employer may also terminate the employee "without cause" under the terms of Nebraska's at-will employment law.

If employment is terminated, Employee will receive their final paycheck, including all wages due, by the next regular payday after separation, as required by Nebraska law.

Employee will return all company property upon termination.

An exit interview may be conducted.

[Optional: Severance Pay Provisions]

Advance notice period (if any) [Number] days.

12. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska.

Any dispute arising out of or relating to this Agreement shall be resolved in the appropriate state or federal court located in [County Name], Nebraska.

13. Required Disclosures

Employee acknowledges receipt of the following disclosures:

  • Employment-at-Will Notice (if applicable)
  • Eligibility Verification Notice
  • Safety Policies
  • Drug Testing Policy (if applicable)
  • Workers' Compensation Coverage Information

14. Mandatory Notices and Postings

Employer complies with all mandatory notices and postings required by Nebraska and federal law, including EEO/Nondiscrimination clauses (based on race, color, religion, sex, disability, national origin, age, marital status, and other protected characteristics under Nebraska law).

15. Health and Safety

Employee is expected to adhere to all Occupational Safety and Health Act (OSHA) and Nebraska workplace safety regulations.

16. Background Check/Drug Testing

  • A. Background Check:
    • Option A: No background check will be conducted.
    • Option B: Employee's employment is contingent upon a satisfactory background check.
  • B. Drug Testing:
    • Option A: No drug testing will be conducted.
    • Option B: Employee may be subject to drug testing in accordance with Employer's drug testing policy.

17. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

18. Amendment

This Agreement may be amended only by a written instrument signed by both parties.

19. Assignment

This Agreement may not be assigned or delegated by Employee without the prior written consent of Employer. Employer may assign this Agreement to any successor to its business.

20. Relationship to Company Policies/Handbook

  • Option A: This contract stands independently of company-wide policies and the employee handbook.
  • Option B: This contract is governed by the policies in the company handbook. In the event of discrepancy, this contract governs.
  • Option C: This contract is governed by the policies in the company handbook. In the event of discrepancy, the company handbook governs.

21. Signatures

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

_______________________________

[Employer Representative Name], [Employer Representative Title]

_______________________________

[Employee Full Legal Name]

22. Acknowledgement

Employee acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.

Employee Signature: _______________________________

Date: _______________________________

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