New Hampshire cook employment contract template

New Hampshire Cook Employment Contract

This New Hampshire Cook Employment Contract (the "Agreement") is made and entered into as of [Date] by and between:

• [Business Entity Name], a [State] [Entity Type] with its principal place of business at [Principal Address] and operating a food service establishment licensed in New Hampshire as [Restaurant/Foodservice Operation License Number] (the "Employer"), and
• [Full Legal Name], residing at [Residential Address], with contact phone number [Contact Phone] and email address [Email] (the "Employee").

1. Employment Position and Responsibilities:

• Option A: The Employer hires the Employee as a [Line Cook/Prep Cook/Sous Chef/Other Kitchen Role].
• Option B: The Employer hires the Employee as a Cook.
• The Employee's responsibilities include, but are not limited to:
  • Meal preparation and cooking to menu specifications.
  • Safe food handling and storage per local health codes.
  • Consistent application of recipes and portion standards.
  • Operating kitchen equipment (ovens, fryers, grills, etc.).
  • Workplace cleaning, sanitation, and dishwashing duties.
  • Adherence to food allergen protocols as mandated by New Hampshire RSA 143-A.
  • Participation in inventory control, ingredient ordering, receiving, and stock rotation.
  • Documentation of daily prep, waste, and food safety logs.
  • Communication with front-of-house staff.
  • Verification of food temperatures using calibrated thermometers.
  • Other duties as assigned.

2. Supervision and Reporting:

• Option A: The Employee will report directly to the [Head Chef/Kitchen Manager].
• Option B: The Employee will report to [Name of Direct Supervisor].
• The Employee is expected to participate in teamwork, shift briefings, and adhere to kitchen hierarchy.

3. Work Location:

• Option A: The Employee's primary work location is [Restaurant/Kitchen Name] located at [Address].
• Option B: The Employee may be required to work at multiple locations within New Hampshire, subject to prior notice.
• Option C: The Employee may be temporarily reassigned to other locations or deployed to mobile/food truck operations.

4. Employment Type and Hours:

• The Employee's position is full-time, working approximately [Number] hours per week.
• The Employee's shift pattern is [Shift Pattern].
• The Employee is entitled to meal and rest breaks as required by New Hampshire RSA 275:30 and federal law.
• Option A: On-call or mandatory overtime may be required, subject to applicable state and federal law.
• Option B: Overtime will be assigned at the discretion of the Employer.

5. Compensation:

• Option A: The Employee's hourly wage is [Dollar Amount].
• Option B: The Employee's weekly salary is [Dollar Amount].
• Overtime will be paid at a rate of one and one-half times the Employee's regular rate of pay for hours worked over 40 in a workweek, as required by the FLSA and New Hampshire law.
• Pay frequency is [Weekly/Bi-weekly].
• Option A: Payment will be made via direct deposit.
• Option B: Payment will be made via physical check.
• The Employee is [Eligible/Ineligible] for tip credit, according to RSA 279:21.
• Option A: The employee will receive a retention bonus of [Dollar Amount].
• Option B: The employee will receive kitchen performance bonuses, as determined by the employer.

6. Benefits:

• The Employee is [Eligible/Ineligible] for employer-sponsored health, dental, and vision insurance.
• The Employee is entitled to paid time off (vacation and sick leave) according to company policy.
• The Employee is entitled to unpaid leave as required by New Hampshire law (e.g., crime victim leave under RSA 275:61).
• Option A: The employee receives employee meals at no cost.
• Option B: The employee receives a [Dollar Amount] meal allowance.
• Option A: The employee receives a uniform allowance of [Dollar Amount].
• Option B: The employer provides and launders uniforms.
• Option A: The employee receives a kitchen tool/equipment stipend of [Dollar Amount].
• Option B: The employer provides all necessary kitchen tools/equipment.
• Option A: The Employer will pay for ServSafe certification.
• Option B: The Employer will pay for Allergen Awareness certification.

7. Overtime, Holiday, and Premium Pay:

• Overtime pay will be calculated and paid as required by New Hampshire law.
• There is no separate New Hampshire state holiday premium unless otherwise agreed upon.
• Option A: Employees receive time and a half for working on [List of holidays].
• Option B: Employees receive a premium pay of [Percentage] for working overnight shifts.

8. At-Will Employment:

• This is an "at-will" employment relationship, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause and with or without notice, subject to any applicable notice requirements under New Hampshire law.
• Upon termination, the Employee will receive their final paycheck within 72 hours, as required by RSA 275:44.
• Option A: The employee will receive severance pay of [Amount] upon termination.
• Option B: The employee is not entitled to any severance pay.
• The Employee is entitled to a "last meal," upon termination.
• The Employee must return all company tools, uniforms, badges, and keycards upon termination.

9. Workplace Conduct:

• The Employee must adhere to all hygiene standards, uniform/dress codes (including hair restraints and jewelry restrictions), and substance abuse policies.
• The Employee must be punctual, properly hand off shifts, and follow all kitchen safety protocols (including knife handling and burn/cut prevention).
• Disciplinary procedures will be followed for infractions such as cross-contamination, late food orders, and unsafe practices.

10. Food Protection Requirements:

• The Employee must comply with all New Hampshire food protection requirements (RSA 143, Env-Fp 201/302) and fulfill "Person-in-Charge" responsibilities as required.
• The Employee must participate in annual or periodic training as required by law, and the Employer will provide and pay for statutory health/sanitation training (e.g., ServSafe, Allergen Awareness).

11. Substance Abuse Policy:

• The Employee must adhere to the Employer's substance abuse/drug-free workplace policy, in compliance with NH RSA 275:37-a.
• Option A: The Employee may be subject to random drug testing.
• Option B: The Employee may be subject to drug testing after an accident.

12. Confidentiality:

The Employee must maintain the confidentiality of proprietary recipes, menu concepts, operational methods, vendor pricing, and customer dietary/allergen information. This obligation survives termination of employment.

13. Intellectual Property:

• Ownership of new recipes or menu items developed during employment will belong to the Employer, unless otherwise agreed in writing.
• Option A: Employee retains ownership of recipes prior to employment.
• Option B: Employee assigns all ownership of recipes prior to employment to the employer.

14. Non-Solicitation:

The Employee agrees not to solicit the Employer's employees or customers for a period of [Number] months after termination of employment.

15. Anti-Discrimination and Anti-Harassment:

• The Employer is committed to providing a workplace free of discrimination and harassment, in compliance with New Hampshire RSA 354-A.
• The Employer prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, age, marital status, disability, veteran status, or any other protected category.
• The Employee should report any incidents of discrimination or harassment to [Designated Contact/Department].

16. Accommodation:

The Employer will provide reasonable accommodations for disability or medical conditions in line with New Hampshire law.

17. Employee Health and Safety:

• The Employer will maintain workers' compensation insurance and comply with all applicable health and safety laws.
• The Employee must report any work-related injuries or illnesses to [Designated Contact/Department] immediately.
• Employees must have access to New Hampshire DOL safety notices in the workplace.

18. Grievance and Disciplinary Process:

• Employees will be subject to a progressive disciplinary process for workplace disputes or performance issues.
• Employees will be provided with a grievance procedure and right to appeal.

19. Dispute Resolution:

• The parties agree to attempt to resolve any disputes through good faith internal resolution.
• Option A: Any unresolved disputes will be submitted to mediation.
• Option B: Any unresolved disputes will be submitted to binding arbitration.
• The venue for any legal action will be in New Hampshire, and New Hampshire law will govern.

20. Data Privacy:

The Employer may use biometric or surveillance technology in the kitchen, in compliance with New Hampshire privacy laws.

21. Background Checks and Verification:

• Employment is contingent upon satisfactory completion of a background check.
• The Employee must provide documentation for I-9 verification and proof of ServSafe or other food handler certification before starting work.

22. Workplace Postings:

• The Employer will post all required workplace postings, including the New Hampshire minimum wage poster and safety/health posters.
• The Employee will have access to the employee handbook or kitchen safety manual.

23. Optional Adjustments:

• Option A: The employer will provide advancement tracks to chef de cuisine.
• Option B: The employer will provide premium pay for overnight/busy holiday shifts.
• These terms will be adjusted to comply with changes in New Hampshire employment or food service law.

24. Union Representation:

• Option A: This agreement is subject to a collective bargaining agreement with [Union Name].
• Option B: This agreement is not subject to a collective bargaining agreement.

25. Outside Employment:

The Employee may not engage in outside employment that creates a direct conflict with the Employer's business interests or involves the disclosure of proprietary information.

26. Entire Agreement:

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
• This Agreement can only be modified by a written agreement signed by both parties.

27. Waiver:

The Employee acknowledges that there is no "implied contract" not written in this agreement.

Signatures:

____________________________
[Full Legal Name of Employee]
Date: [Date]

____________________________
[Business Entity Name]
By: [Name and Title of Authorized Representative]
Date: [Date]

Acknowledgement:

I acknowledge that I have received a copy of my job description, health/safety training documents, and all required New Hampshire employment policies.

____________________________
[Full Legal Name of Employee]
Date: [Date]