New Jersey employment contract template

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How New Jersey employment contract Differ from Other States

  1. New Jersey enforces strong state anti-discrimination laws, often providing broader protections than federal or other state laws.

  2. Non-compete agreements are more strictly scrutinized in New Jersey and must be reasonable in scope, geography, and duration.

  3. New Jersey mandates minimum wage rates and paid sick leave benefits that often exceed federal or neighboring state requirements.

Frequently Asked Questions (FAQ)

  • Q: Is an employment contract required by law in New Jersey?

    A: No, most employment in New Jersey is “at-will,” but a written contract can clarify terms and protect both parties.

  • Q: Can an employer terminate an employee at-will even with a contract in New Jersey?

    A: No, if there is a contract specifying termination terms, those terms must be followed unless both parties agree otherwise.

  • Q: Does New Jersey require paid sick leave in employment contracts?

    A: Yes, New Jersey law requires most employers to provide paid sick leave, which should be addressed in the contract.

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New Jersey Employment Contract

Agreement Date: [Date of Agreement]

Employer Information:

  • Company Name: [Company Name]
  • Address: [Company Address]
  • Representative: [Representative Name]
  • Entity Type: [Entity Type, e.g., LLC, Corp.]

Employee Information:

  • Name: [Employee Name]
  • Address: [Employee Address]
  • Contact Information: [Employee Phone Number], [Employee Email]
  • Employee ID/SSN: [Employee ID or SSN - Masked as appropriate]

Job Details:

  • Job Title: [Job Title]
  • Duties and Responsibilities: [Description of Duties and Responsibilities]
  • Work Location:
    • Primary Location: [Primary Work Location]
    • Remote Work (if applicable): [Remote Work Location/Arrangement Details]

Employment Type:

  • Option A: Full-time
  • Option B: Part-time
  • Option C: Temporary
  • Option D: At-Will
  • Option E: Fixed-Term
  • Option F: Exempt (under FLSA)
  • Option G: Non-Exempt (under FLSA)

Employment Term:

  • Option A: At-Will Employment
    • This is an at-will employment relationship. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable laws including the New Jersey Law Against Discrimination (NJLAD).
  • Option B: Fixed-Term Employment
    • Start Date: [Start Date]
    • End Date: [End Date]
    • Renewal Terms: [Renewal Terms Details]
    • Evaluation/Renewal Criteria: [Evaluation Criteria]

Compensation and Benefits:

  • Wage Rate: [Wage Amount]
  • Wage Type:
    • Option A: Hourly
    • Option B: Salary
    • Option C: Commission
    • Option D: Bonus
  • Pay Frequency: [Pay Frequency, e.g., Bi-weekly]
  • Pay Dates: [Pay Dates]
  • Overtime Policy: Compliance with New Jersey minimum wage and overtime requirements. [Detailed Overtime Policy]
  • Deductions: [Description of Deductions]
  • Additional Pay: [Description of Additional Pay, if any]
  • Signing Bonus: [Signing Bonus Amount and Terms, if any]
  • Relocation Allowance: [Relocation Allowance Amount and Terms, if any]
  • Benefit Programs:
    • Insurance:
      • Option A: Health
      • Option B: Dental
      • Option C: Vision
      • Option D: Life
      • Option E: Short-Term Disability
      • Option F: Long-Term Disability
    • 401(k): [401(k) Details, if offered]
    • Pension: [Pension Details, if offered]
    • Employee Election/Exclusion Details: [Details for Employee's Benefit Choices]

Leave Entitlements:

  • Vacation: [Vacation Policy Details]
  • Paid Time Off (PTO): [PTO Policy Details]
  • Sick Leave: Compliance with New Jersey Earned Sick Leave Law. [Sick Leave Policy Details]
  • Family Leave: Compliance with NJ FLA and FMLA. [Family Leave Policy Details]
  • Personal Days: [Personal Days Policy Details]
  • Holidays: [List of Holidays]
  • Bereavement Leave: [Bereavement Leave Policy Details]
  • Parental Leave: [Parental Leave Policy Details]

Job Performance and Conduct:

  • Working Hours: [Normal Working Hours]
  • Flexibility: [Details Regarding Flexible Work Arrangements, if any]
  • Overtime Arrangements: [Overtime Arrangements Details]
  • Safety and Code of Conduct: [Reference to Safety Rules and Code of Conduct]
  • Dress Code: [Dress Code Policy]
  • Drug and Alcohol Policy: [Reference to Drug and Alcohol Policy]
  • Use of Employer Property: [Policy Regarding Use of Employer Property]
  • Social Media Use: [Policy Regarding Social Media Use]

Confidentiality and Non-Disclosure:

  • Definition of Confidential Information: [Detailed Definition of Confidential Information]
  • Duration: [Duration of Confidentiality Obligation]
  • Permitted Disclosures: [List of Permitted Disclosures]
  • Separate Restrictive Covenants:
    • Company Trade Secrets: [Protection of Trade Secrets]
    • Customer Information: [Protection of Customer Information]
    • Business Practices: [Protection of Business Practices]
    • Data Protection: [Details Regarding Data Protection Obligations]

Intellectual Property:

  • Assignment of Work Product: All work product created within the scope of employment shall be the property of the Employer. [Details of Intellectual Property Assignment]

Restrictive Covenants:

  • Option A: Non-Compete (Enforceable in New Jersey with reasonableness)
    • Scope: [Geographic Scope]
    • Duration: [Duration of Non-Compete]
    • Activities Prohibited: [Description of Prohibited Activities]
  • Option B: Non-Solicitation
    • Non-Solicitation of Customers: [Terms Regarding Non-Solicitation of Customers]
    • Non-Solicitation of Employees: [Terms Regarding Non-Solicitation of Employees]
  • Return of Property: Upon separation, Employee shall return all property of the Employer.

Separation Procedures:

  • Notice Requirements: [Notice Period Required]
  • Transition: [Employee's Responsibilities During Transition]
  • Final Payment: [Terms Regarding Final Payment]
  • Release of Claims: [Terms for Release of Claims, if applicable]
  • Reference Policy: [Company's Reference Policy]
  • Severance Terms (if offered): [Severance Package Details]

Termination:

  • Grounds for Termination: [List of Grounds for Termination]
  • Voluntary Resignation: [Terms Regarding Voluntary Resignation]
  • Termination for Cause: [Definition of Termination for Cause]
  • Layoffs/Reductions in Force: [Policy Regarding Layoffs/Reductions in Force]
  • Notice Period: [Notice Period for Termination]
  • Payment of Outstanding Wages and Benefits: [Terms Regarding Payment]
  • Severance (if applicable): [Details Regarding Severance Pay]
  • Continuation of Benefits (COBRA/NJ Law): [Information Regarding Continuation of Benefits]
  • Post-Termination Obligations: [List of Post-Termination Obligations]
  • Optional: Progressive Discipline: [Description of Progressive Discipline Policy, if any]

Dispute Resolution:

  • Option A: Internal Complaint Process: [Details of Internal Complaint Process]
  • Option B: Mediation: [Agreement to Mediate Disputes]
  • Option C: Arbitration: [Agreement to Arbitrate Disputes]
  • Option D: Litigation in New Jersey Courts: [Agreement to Litigate in NJ Courts]
  • Governing Law and Jurisdiction: State of New Jersey.
  • Attorneys’ Fees: [Terms Regarding Attorneys' Fees]
  • Costs: [Terms Regarding Costs]
  • Waiver of Jury Trial: [Waiver of Jury Trial, if applicable]

Workplace Safety and Compliance:

  • Compliance with Federal OSHA and New Jersey Workplace Safety Statutes.
  • Required Postings: [List of Required Workplace Postings]
  • Workers' Compensation Insurance: Ensuring compliance with New Jersey law.

Equal Employment Opportunity:

  • Compliance with Federal (Title VII, ADA, ADEA) and New Jersey Law Against Discrimination (NJLAD).
  • Anti-Harassment Policy: [Reference to Anti-Harassment Policy]
  • Americans with Disabilities Act (ADA): [Accommodation Obligations]
  • Whistleblower Protections (CEPA): Compliance with New Jersey Conscientious Employee Protection Act.
  • Immigration Compliance: [Required Language for Immigration Compliance]

Additional Provisions:

  • Policy Manuals: [Reference to Company Policy Manuals]
  • Employee Acknowledgment: [Form for Employee Acknowledgment]
  • Amendments and Modifications: Any amendments must be in writing and signed by both parties.
  • Assignment and Delegation: [Terms Regarding Assignment and Delegation]
  • Integration/Entire Agreement: This agreement constitutes the entire agreement between the parties.
  • Severability: If any provision is deemed invalid, the remaining provisions shall remain in effect.
  • Waiver: No waiver of any provision shall be effective unless in writing.
  • Force Majeure: [Force Majeure Clause]

Signatures:

____________________________
[Employer Representative Name], [Employer Representative Title]

____________________________
[Employee Name]

Optional: Electronic Signature Clause: This agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Agreement transmitted electronically (e.g., by email, DocuSign) shall have the same effect as an originally signed copy.

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