New Jersey accountant employment contract template

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How New Jersey accountant employment contract Differ from Other States

  1. New Jersey requires compliance with state-specific wage and hour laws, which may differ from federal requirements and those in other states.

  2. The contract must address New Jersey’s mandatory paid sick leave provisions, providing employees with specific paid time off entitlements.

  3. New Jersey imposes unique restrictions on non-compete and restrictive covenants that are more employee-protective than other states.

Frequently Asked Questions (FAQ)

  • Q: Is paid sick leave mandatory in New Jersey accountant employment contracts?

    A: Yes, New Jersey law requires employers to provide paid sick leave, which must be detailed in the employment contract.

  • Q: Are non-compete clauses enforceable for accountants in New Jersey?

    A: Non-compete clauses are enforceable only if they are reasonable in scope, duration, and geography, and protect legitimate business interests.

  • Q: What governing law should be specified in a New Jersey accountant employment contract?

    A: The contract should specify New Jersey law as the governing law to ensure compliance with state employment regulations.

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New Jersey Accountant Employment Agreement

This New Jersey Accountant Employment Agreement (the "Agreement") is made and effective as of [Effective Date] by and between:

  • [Employer Name], a company registered in New Jersey with its principal place of business at [Employer Address] ("Employer"), and
  • [Employee Name], residing at [Employee Address] ("Employee").

1. Employment

  • Option A: Employer hereby employs Employee as a full-time Accountant, and Employee hereby accepts such employment.
  • Option B: Employer hereby employs Employee as an [Part-time/Contract] Accountant, and Employee hereby accepts such employment.

2. Job Description

  • The Employee's job title is Accountant. The Employee shall perform the following duties:
    • Preparing, examining, and analyzing financial records.
    • Ensuring accuracy and compliance with New Jersey and federal tax laws.
    • Compiling financial statements.
    • Managing accounts payable/receivable.
    • Preparing state/local/federal tax returns.
    • Supporting budgeting and forecasting.
    • Preparing audit schedules and supporting internal/external audits.
    • Maintaining up-to-date documentation in line with New Jersey business and financial reporting regulations.
  • Option A: Employee shall also perform other duties as reasonably assigned by Employer.
  • Option B: No other duties beyond those listed will be required.

3. Qualifications and Credentials

  • Employee represents and warrants that they possess the following qualifications:
    • A Bachelor’s degree in Accounting or a related field.
    • Option A: A valid Certified Public Accountant (CPA) license issued by the New Jersey State Board of Accountancy.
    • Option B: Eligibility to sit for the CPA exam in New Jersey.
    • Membership in a relevant professional organization, such as the New Jersey Society of Certified Public Accountants (NJSCPA).
  • Employee is responsible for maintaining their CPA license through the completion of Continuing Professional Education (CPE) credits as required by the New Jersey State Board of Accountancy. The employer [Will/Will not] reimburse the employee for CPE expenses.

4. Work Location and Remote Work Policy

  • Option A: The Employee's primary work location shall be the Employer’s office located at [Employer Address].
  • Option B: The Employee will primarily work remotely.
    • The employee must maintain a secure internet connection and comply with all employer IT security protocols.
    • Employer [Will/Will not] provide the necessary technology and equipment for remote work.
    • The employee must comply with NJ data privacy and record retention laws.

5. Employment Status and Work Hours

  • Employee's employment is classified as full-time.
  • The standard workweek shall consist of 40 hours per week.
  • Option A: Overtime may be required, particularly during fiscal year-end or tax season. Overtime will be compensated in accordance with the New Jersey Wage and Hour Law.
  • Option B: Overtime is not anticipated for this position.
  • Employee is entitled to mandatory breaks and meal/rest periods as required by the New Jersey Wage and Hour Law.

6. Compensation

  • Employee shall receive a base annual salary of [Salary Amount], payable [Bi-weekly/Semi-monthly] in accordance with the New Jersey Wage Payment Law.
  • Option A: Employee is eligible for a discretionary bonus based on individual and company performance.
  • Option B: Employee is eligible for profit-sharing, as defined in the company’s profit-sharing plan.
  • Overtime will be calculated at a rate of 1.5 times the employee's regular hourly rate, in compliance with New Jersey law.

7. Employee Benefits

  • Employee is eligible for the following benefits:
    • Health insurance plan compliant with New Jersey requirements.
    • Vision insurance plan.
    • Dental insurance plan.
    • Prescription drug plan.
    • Employer contributions to New Jersey state disability and unemployment insurance.
    • Option A: Retirement/401(k) plan.
    • Option B: Participation in the New Jersey Secure Choice Savings Program.
    • Paid vacation leave, accruing at a rate of [Accrual Rate].
    • Paid sick leave, accruing in accordance with the New Jersey Paid Sick Leave Law.
    • State-mandated family leave, in compliance with the New Jersey Family Leave Act.
    • Statutory paid holidays.
    • Option A: Professional development or CPE reimbursement up to [Dollar Amount] per year.
    • Expense reimbursement for job-related expenses, subject to Employer’s expense policy.

8. Confidentiality

  • Employee acknowledges that they will have access to confidential information concerning the Employer's clients, company financial data, and proprietary accounting practices.
  • Employee agrees to hold all such information in strict confidence, both during and after the term of employment, in accordance with the New Jersey Confidentiality and Trade Secrets Act.
  • This confidentiality obligation extends for a period of [Number] years following termination of employment.

9. Ownership of Work Product

  • All financial analyses, spreadsheets, audit reports, tax filings, and related documentation produced by Employee during their employment shall be the sole property of the Employer.
  • Employee shall not use or disclose any client data or financial information without the Employer's prior written consent, in accordance with state privacy regulations and applicable AICPA codes.

10. Outside Employment

  • Employee shall not engage in any outside employment that would create a conflict of interest under New Jersey ethics standards for accountants or violate the NJ Uniform Ethics Code.
  • Employee must disclose any potential conflicts of interest to the Employer in writing.

11. Professional Conduct

  • Employee shall comply with all rules and regulations of the New Jersey Board of Accountancy.
  • Employee shall maintain accurate and timely financial records in accordance with generally accepted accounting principles (GAAP).
  • Employee shall promptly report any suspected financial impropriety or noncompliance under New Jersey law.

12. Restrictive Covenants

  • Option A: Non-Solicitation. During employment and for a period of [Number] months following termination, Employee shall not solicit any clients or employees of Employer with whom Employee had contact during employment.
  • Option B: Non-Compete. (Note: Enforceability of non-competes in NJ is limited; use with caution and consult legal counsel) During employment and for a period of [Number] months following termination within a [Radius] mile radius of [Employer's Location], Employee shall not engage in any business that is substantially similar to the Employer’s accounting practice. This restriction is limited to protecting the Employer's existing business relationships.
  • Option C: No Restrictive Covenants.

13. Termination

  • Option A: Employment is “at-will,” meaning that either party may terminate the employment relationship at any time, with or without cause, subject to applicable New Jersey law.
  • Option B: Termination for cause requires [Number] days written notice.
  • In the event of termination, Employee shall return all Employer property, including but not limited to computers, cell phones, and client files.
  • Final pay will be provided in accordance with New Jersey law.
  • Option A: Employee is eligible for severance in accordance with the Employer’s severance policy.
  • Option B: No severance will be paid.

14. Non-Discrimination

  • Employer is an equal opportunity employer and complies with the New Jersey Law Against Discrimination (NJLAD).
  • Employer prohibits discrimination and harassment based on race, color, religion, sex, gender identity, sexual orientation, national origin, age, disability, marital status, veteran status, genetic information, or creed.
  • Employer will provide reasonable accommodations for qualified individuals with disabilities.

15. Workplace Safety

  • Employee shall participate in safety training as required by New Jersey statutes.
  • Employee shall promptly report any workplace hazards to Employer.

16. Paid Sick Leave

  • Employee is entitled to paid sick leave in accordance with the New Jersey Paid Sick Leave Law.
  • Sick time will accrue, carry over, and be used as outlined in the law.

17. State-Mandated Notices

  • Employee is notified of their rights under the NJ Conscientious Employee Protection Act (CEPA) whistleblower protection rights.
  • Required poster disclosures will be displayed in the workplace.

18. Dispute Resolution

  • Option A: Any disputes arising out of or relating to this Agreement shall be resolved through mediation in New Jersey.
  • Option B: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in New Jersey.
  • Option C: Any disputes arising out of or relating to this Agreement shall be resolved in New Jersey courts.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.

19. Workers' Compensation

  • Employee is covered by workers' compensation insurance as required by New Jersey law.

20. Mental Health Resources

  • Employee has access to mental health resources through [Details of Employee Assistance Programs].

21. Document Retention

  • Employee shall comply with Employer’s document retention and destruction policies, consistent with New Jersey’s recordkeeping obligations for financial professionals.

22. Modification

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

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]

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