New Hampshire employment contract template

New Hampshire Employment Contract

Effective Date: [Date]

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

Employer:

• [Company Name], a [State of Incorporation] corporation with its principal place of business at [Company Address] ("Employer")
• Hiring Manager Contact: [Hiring Manager Name], [Hiring Manager Title], [Hiring Manager Email], [Hiring Manager Phone Number]

and

Employee:

• [Employee Full Legal Name], residing at [Employee Home Address] ("Employee").
• [Employee Phone Number]
• [Employee Email Address]

1. Employment

• Job Title: [Job Title]
• Essential Duties and Responsibilities: [Detailed Description of Job Duties]
• Department: [Department]
• Direct Supervisor: [Supervisor Name], [Supervisor Title]
• Work Location:
  • Option A: [Physical Work Location Address]
  • Option B: Remote, subject to Employer's remote work policy.
• Type of Employment:
  • Option A: Full-time
  • Option B: Part-time
  • Option C: Temporary
  • Option D: Seasonal
  • Option E: Contract
• FLSA Status:
  • Option A: Exempt
  • Option B: Non-Exempt

2. Term of Employment

• At-Will Employment:
  • Option A: Employment with Employer is at-will, meaning that either Employee or Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. This Agreement is not a contract for a specified term. The parties acknowledge that this at-will employment relationship is the prevailing legal standard in New Hampshire, but is subject to statutory and public policy exceptions.
  • Option B: [Omit this clause entirely, implying a potential fixed-term contract.]
• Fixed-Term Employment:
  • Option A: This Agreement shall commence on [Start Date] and shall continue until [End Date], unless earlier terminated as provided herein.
  • Option B: This agreement is subject to renewal based on [Renewal Criteria] on [Date].
• Probationary Period:
  • Option A: Employee's employment is subject to a probationary period of [Number] [Days/Weeks/Months] commencing on the Effective Date. During the probationary period, Employee's performance will be evaluated based on the following criteria: [Performance Evaluation Criteria]. Employer may terminate employment at any time during the probationary period if it determines, in its sole discretion, that the Employee's performance is unsatisfactory.
  • Option B: [Omit this clause entirely.]

3. Compensation

• Base Salary/Wage Rate:
  • Option A: Employee shall be paid a base salary of [Dollar Amount] per year, payable in [Number] installments.
  • Option B: Employee shall be paid an hourly wage of [Dollar Amount] per hour.
• Pay Frequency:
  • Option A: Weekly
  • Option B: Bi-weekly
  • Option C: Monthly
• Overtime:
  • Option A: If Employee is non-exempt, Employee shall be paid overtime compensation at a rate of one and one-half (1.5) times Employee's regular hourly rate for all hours worked in excess of forty (40) in a workweek, in accordance with applicable federal and New Hampshire law. All overtime must be pre-approved by [Supervisor Name/Title].
  • Option B: If Employee is exempt, Employee is not eligible for overtime compensation.
• Bonuses/Commissions:
  • Option A: Employee is eligible for bonuses/commissions as determined by Employer, subject to the terms and conditions of the company's bonus/commission plan, which may be modified from time to time. The current plan is attached as Exhibit A.
  • Option B: Employee is not eligible for bonuses or commissions.
• Signing Bonus/Advance:
  • Option A: Employee will receive a signing bonus of [Dollar Amount], payable [Payment Schedule]. If Employee voluntarily terminates employment within [Number] [Months/Years] of the Effective Date, Employee shall repay the signing bonus to Employer.
  • Option B: [Omit this clause entirely.]

4. Benefits

• Health, Dental, and Vision Insurance:
  • Option A: Employee is eligible to participate in Employer's health, dental, and vision insurance plans, subject to the terms and conditions of those plans. Eligibility begins on [Date].
  • Option B: Employee is not eligible for health, dental, or vision insurance benefits.
• Retirement/Pension Plans:
  • Option A: Employee is eligible to participate in Employer's 401(k) plan, subject to the terms and conditions of the plan.
  • Option B: Employee is not eligible to participate in the Employer's 401(k) or other retirement plans.
• Paid Time Off (PTO):
  • Option A: Employee shall accrue [Number] days of PTO per year, to be used for vacation, sick leave, and personal leave. PTO accrual and usage are subject to Employer's PTO policy.
  • Option B: Employee is entitled to [Number] vacation days, [Number] sick days and [Number] personal days per year.
  • Holidays: Employee is entitled to the following paid holidays: [List of Holidays]
  • Other Leave: Employee may be eligible for jury duty leave, bereavement leave, and parental leave as required by law and pursuant to company policy.
• Disability/Life Insurance:
  • Option A: Employee is eligible for short-term disability, long-term disability, and life insurance benefits as described in the Employer's benefit plan documents.
  • Option B: Employee is not eligible for disability or life insurance benefits.

5. Expenses, Equipment and Professional Development

• Expense Reimbursement: Employee will be reimbursed for reasonable and necessary business expenses incurred in the performance of their duties, subject to Employer's expense reimbursement policy.
• Company-Provided Equipment: Employee will be provided with the following equipment: [List of Equipment]. Employee is responsible for the care and maintenance of company-provided equipment.
• Professional Development/Training:
  • Option A: Employer may, in its sole discretion, provide Employee with opportunities for professional development or training.
  • Option B: Employer will provide [List Specific Training] to the Employee.

6. Working Hours and Schedule

• Working Hours: Employee's regular working hours are [Start Time] to [End Time], [Days of the Week].
• Meal and Rest Breaks: Employee is entitled to a [Length] unpaid meal break and [Number] paid rest breaks per [Number] hours worked, in accordance with applicable law.
• Remote/Hybrid Work:
  • Option A: [If remote work is specified in Section 1, elaborate on the terms and conditions of remote work, including required technology, reporting requirements, and in-person meeting expectations.]
  • Option B: [Omit if not applicable.]
• Attendance and Punctuality: Employee is expected to maintain satisfactory attendance and punctuality.
• Dress Code: Employee is expected to adhere to Employer's dress code, as outlined in the employee handbook.
• Workplace Rules: Employee is expected to follow all workplace rules and policies established by Employer.
• Performance Expectations: Employee is expected to meet the performance expectations set forth by Employer.

7. Company Policies and Standards of Conduct

Employee shall adhere to all company policies, including those regarding drug and alcohol use, harassment prevention, anti-discrimination, confidentiality, and the use of company property. These policies are detailed in the Employee Handbook.

• Employee Handbook Acknowledgement:
  • Option A: Employee acknowledges receipt of the Employee Handbook and agrees to be bound by its terms and conditions.
  • Option B: The company policies are separate and apart from the Employee Handbook and are located here: [Location of Policies].

8. Intellectual Property and Confidentiality

• Ownership of Intellectual Property: All inventions, works of authorship, and other intellectual property developed by Employee during employment with Employer shall be the sole and exclusive property of Employer.
• Non-Disclosure of Confidential Information: Employee shall not disclose any proprietary or confidential information of Employer to any third party, either during or after employment.
  • Option A: Employee agrees to be bound by the terms of the attached Confidentiality Agreement (Exhibit B), which contains the specific details regarding the definition of confidential information, permitted uses, and exceptions.
  • Option B: The confidentiality requirements include, but are not limited to, the following types of information: [List of Information Types]

9. Post-Termination Obligations

• Non-Compete:
  • Option A: Employee agrees to be bound by the terms of the attached Non-Compete Agreement (Exhibit C). Employer provides notice that this clause applies and should be reviewed carefully prior to acceptance of employment. The Employee acknowledges that Employer has provided sufficient consideration for this agreement.
  • Option B: Employee is not subject to a non-compete agreement. [Note: Ensure compliance with New Hampshire non-compete statute.]
• Non-Solicitation:
  • Option A: Employee agrees not to solicit Employer's employees, customers, or clients for a period of [Number] [Months/Years] following termination of employment.
  • Option B: [Omit this clause entirely.]
• Non-Disparagement:
  • Option A: Employee agrees not to disparage Employer or its employees, officers, or directors, either during or after employment.
  • Option B: [Omit this clause entirely.]

10. Resignation and Termination

• Voluntary Resignation: Employee shall provide Employer with [Number] [Weeks/Months] written notice of resignation.
• Employer-Initiated Termination: Employer may terminate Employee's employment for cause, without cause, due to business necessity, or upon mutual agreement.
• Severance:
  • Option A: Upon termination of employment by Employer without cause, Employee may be eligible for severance benefits as determined by Employer's severance policy.
  • Option B: Employee is not eligible for severance benefits.
• Final Paycheck: Employee's final paycheck, including all accrued and unpaid wages, will be provided to Employee within 72 hours of termination, unless Employee voluntarily quits, in which case the final paycheck will be issued on the next regularly scheduled payday, in accordance with New Hampshire law.
• Continuation of Benefits: Employee's eligibility for continuation of benefits, including health insurance, will be governed by applicable law.
• Return of Company Property: Upon termination of employment, Employee shall immediately return all company property, including computers, cell phones, documents, and any other company assets.

11. Disciplinary Procedures

Employer may implement disciplinary procedures, including warnings and performance improvement plans, as deemed necessary. Employee may have the right to appeal or grieve terminations, subject to Employer's policy.

12. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through [Mediation/Binding Arbitration/Litigation]. If litigation is pursued, New Hampshire law shall govern, and the venue and jurisdiction shall be [County Name] County, New Hampshire [Superior Court/District Court], or the United States District Court for the District of New Hampshire. Employee acknowledges the right to legal counsel in any dispute.

13. Health and Safety

Employee shall comply with all applicable health and safety laws and regulations, including those promulgated by OSHA and the State of New Hampshire. Employee is covered under workers' compensation insurance. Employee must report any work-related injuries to Employer immediately.

14. Anti-Discrimination/Equal Opportunity

Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic under federal, state, or local law. Employee is encouraged to report any instances of discrimination or harassment in accordance with company policy and applicable law.

15. Statutory Notices

Employee is hereby notified of their rights under the New Hampshire Whistleblowers' Protection Act, eligibility for unemployment insurance, the posting of wage and hour notices, and the right to inspect personnel records, as required by New Hampshire law.

16. General Provisions

• Assignment: This Agreement may not be assigned by Employee without the prior written consent of Employer. Employer may assign this agreement.
• Amendments: This Agreement may be amended only by a written instrument signed by both parties.
• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement to the extent such failure is caused by a force majeure event.
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law principles.

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

Employer:

____________________________

[Employer Representative Name], [Employer Representative Title]

[Company Name]

Date: _______________

Employee:

____________________________

[Employee Full Legal Name]

Date: _______________

Exhibit A: Bonus/Commission Plan (If applicable)

Exhibit B: Confidentiality Agreement (If applicable)

Exhibit C: Non-Compete Agreement (If applicable)

Exhibit D: Employee Handbook (If applicable)