New Mexico accountant employment contract template

New Mexico Accountant Employment Contract

This New Mexico Full-Time Accountant Employment Agreement ("Agreement") is made and entered into as of [Date] by and between [Employer Name], a [State] [Business Type, e.g., Corporation] with its principal place of business at [Employer Address], hereinafter referred to as "Employer," and [Employee Name], residing at [Employee Address], hereinafter referred to as "Employee."

1. Position:

• Option A: Full-Time Accountant. The Employee is hired as a Full-Time Accountant, reporting to [Reporting Manager, e.g., CFO, Controller].
• Option B: The Employee’s duties include but are not limited to:
  • Preparing and analyzing financial statements.
  • Maintaining accurate and compliant financial records.
  • Processing accounts payable and receivable.
  • Conducting account reconciliations.
  • Managing payroll in accordance with New Mexico and federal rules.
  • Preparing tax filings specific to New Mexico regulations (including New Mexico gross receipts tax, state payroll tax, and NM-specific business tax forms).
  • Ensuring compliance with Sarbanes-Oxley Act and applicable state-level financial regulations.
  • Monitoring adherence to Generally Accepted Accounting Principles (GAAP) and New Mexico-specific requirements.
  • Cooperating with state and federal audits.
  • Maintaining Continuing Professional Education (CPE) as required by the New Mexico Board of Accountancy.
  • Obtaining or renewing a New Mexico CPA license if required.
  • Interacting with New Mexico-based auditors, regulatory bodies, or tribal authorities if applicable.

2. Responsibilities Specific to New Mexico:

• Option A: The Employee must be familiar with New Mexico Taxation and Revenue Department (NMTRD) rules.
• Option B: The Employee must demonstrate knowledge of key local industry standards relevant to the Employer’s sector.
• Option C: The Employee will stay up to date on state legislative changes affecting accounting practices and ensure timely implementation.

3. Work Location and Data Handling:

• Option A: The primary work location is the Employer’s office at [City, New Mexico Address].
• Option B: Eligibility and requirements for occasional remote work will be determined according to company policy.
• Option C: The Employee shall adhere to the Employer’s policies for handling sensitive financial data per New Mexico and federal data protection standards, including physical and electronic document retention in compliance with state recordkeeping laws.

4. Employment Term and Work Hours:

• Option A: Employment is full-time.
• Option B: The standard work hours are [Number] hours per week, from [Start Time] to [End Time], Monday through Friday.
• Option C: Flexible scheduling may be available subject to Employer approval.
• Option D: Overtime eligibility rules and meal/rest break requirements are governed by New Mexico labor law. Adjustments may be required for employer’s fiscal, audit, or tax deadlines.

5. Compensation:

• Option A: The Employee shall receive a [Salary/Hourly Wage] of [Dollar Amount] [Per Year/Per Hour], payable [Pay Frequency, e.g., Bi-weekly].
• Option B: Overtime will be compensated according to New Mexico law (New Mexico Minimum Wage Act and, if applicable, federal Fair Labor Standards Act).
• Option C: The employee may be eligible for performance bonuses based on accuracy, audit outcomes, or timely completion of state/federal filings. Details are outlined in Appendix A (Bonus Plan).

6. Benefits:

• Option A: The Employee is eligible for standard benefits, including health, dental, vision, and life insurance.
• Option B: The Employee is eligible for the retirement plan, compliant with state-mandated programs if the employer meets coverage thresholds.
• Option C: The Employee is eligible for paid time off, New Mexico-mandated sick leave (if applicable under the Healthy Workplaces Act), vacation, and company-paid holidays, including New Mexico-specific holidays.
• Option D: Accounting-specific benefits include professional dues reimbursement, paid time for CPA exam, or local conference/training fees.

7. Intellectual Property and Work Product:

• Option A: All financial models, internal controls documentation, analytic spreadsheets, and other accounting deliverables created during employment remain the property of the Employer.
• Option B: Proprietary templates and processes are not to be reused or disclosed upon termination.

8. Confidentiality:

• Option A: The Employee shall maintain strict confidentiality regarding company financial data, tax records, client information, and privileged materials.
• Option B: The Employee shall safeguard Social Security numbers, taxpayer IDs, and other sensitive data subject to New Mexico data breach notification laws.

9. Compliance with Laws:

• Option A: The Employee shall comply with all applicable federal, state, and local accounting, reporting, and data privacy laws, including those of the New Mexico Public Accountancy Board, the NMTRD, and federal regulators.

10. Conflicts of Interest and Fiduciary Duties:

• Option A: The Employee shall avoid conflicts of interest and uphold fiduciary duties specific to accountants.
• Option B: Restrictions on outside bookkeeping, tax, or audit work for company clients, suppliers, or competitors require prior written approval.

11. Ethical Conduct:

• Option A: The Employee shall adhere to the AICPA Code of Conduct and New Mexico Board of Accountancy ethical standards.
• Option B: The Employee shall immediately report suspected financial fraud or regulatory non-compliance.
• Option C: The Employee shall uphold behavioral standards prohibiting falsification of records, unauthorized disclosure or manipulation of financial data, personal use of company funds, or assisting in tax evasion.

12. Non-Compete and Non-Solicitation:

• Option A: Non-compete provisions are enforceable only if tailored, limited, and compliant with New Mexico law.
• Option B: Acceptable client and staff solicitation restrictions are tailored to the accounting industry and compliant with New Mexico law.

13. At-Will Employment and Termination:

• Option A: Employment is at-will.
• Option B: Termination procedures, required notice periods under New Mexico law, final wage payment rules (including deadlines for last paycheck and payout of accrued but unused leave), and policies for return/deletion of confidential materials or company devices/software are outlined in the Employee Handbook.
• Option C: Resignation, employer-initiated termination, layoff, and cause-specific termination related to ethical breaches or accounting malpractice are subject to company policy and New Mexico law.

14. Anti-Discrimination and Equal Opportunity:

• Option A: The Employer complies with the New Mexico Human Rights Act, prohibiting discrimination based on race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, serious medical condition, spousal affiliation, sexual orientation, and gender identity.
• Option B: The Employer is committed to the inclusion and advancement of minorities and underrepresented groups in accounting roles.

15. Health and Safety:

• Option A: The Employer complies with all occupational health and safety requirements relevant to an office-based financial role in New Mexico.
• Option B: The Employee is covered by New Mexico Workers’ Compensation and unemployment insurance as applicable.

16. Dispute Resolution:

• Option A: Disputes shall be resolved through mediation or arbitration (as permitted by New Mexico law) prior to litigation.
• Option B: New Mexico law and courts are the exclusive governing law and jurisdiction.

17. Anti-Retaliation:

• Option A: The Employer complies with New Mexico anti-retaliation statutes protecting employees who report financial impropriety, tax evasion, or other suspected legal violations.

18. Acknowledgement of Policies:

• Option A: The Employee acknowledges receipt and understanding of all company, industry, and New Mexico regulatory policies referenced herein.

19. Entire Agreement:

• Option A: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

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]
Date: [Date]

____________________________
[Employee Name]
Date: [Date]