New York technical support engineer employment contract template

New York Technical Support Engineer Employment Agreement

This Full-Time Technical Support Engineer Employment Agreement (the “Agreement”) is made and entered into as of this [Date of Signing], by and between:

[Company Name], a [State of Incorporation] corporation with its principal place of business at [Company Address], hereinafter referred to as “Company,”

and

[Employee Name], residing at [Employee Address], hereinafter referred to as “Employee.”

1. Position and Responsibilities:

The Company hereby employs Employee as a Technical Support Engineer.

• Option A: Employee’s primary responsibilities shall include, but not be limited to: diagnosing and troubleshooting software and hardware issues; providing live technical assistance via phone, email, ticketing systems, or in-person; documenting solutions and escalations; performing system/network monitoring; managing customer escalation protocols; deploying required updates or patches; coordinating with engineering or development on bug resolution; and participating in service improvement meetings.
• Option B: [Alternative Description of Responsibilities]

2. Required Skills, Certifications, and Experience:

Employee represents that they possess the following skills, certifications, and experience necessary to perform the essential functions of the position:

• Option A: Required technical skills include: [List Technical Skills]. Required certifications include: CompTIA A+, Network+, Microsoft Certified, or equivalent certifications relevant to the job function [Specify Certifications]. Required experience includes: experience supporting [Specify Operating Systems], network infrastructure [Specify Network Infrastructure], and/or industry-specific equipment [Specify Industry Equipment].
• Option B: [Alternative Requirements Description]

3. Work Schedule and Location:

Employee's work schedule and location are as follows:

• Option A: Standard work hours are [Start Time] to [End Time], Monday through Friday, at the Company's office located at [Company Address] in New York.
• Option B: Employee will participate in an on-call rotation, as determined by the Company, and will be available for after-hours emergency response.
• Option C: This position is [Remote/Hybrid/In-Office]. Remote/hybrid work rules are subject to Company policy and New York labor laws.
• Option D: Shift Schedule: [24/7 or Regular Hours]

4. Reporting Structure, Collaboration, and Reporting Requirements:

Employee’s reporting structure, collaboration, and reporting requirements are as follows:

• Option A: Employee will report to [Support Manager/Director of IT Name and Title].
• Option B: Employee will collaborate with [IT Security, Engineering, Customer Service, Other Teams] teams.
• Option C: Employee is required to provide regular status reporting, case documentation, and meet specified KPIs/SLAs, including [Ticket Closure Rate, Response Times, Customer Satisfaction Scores].

5. Employment Status, Workweek, and Breaks:

Employee's employment status is as follows:

• Option A: Employment is full-time and [Exempt/Non-Exempt] under New York State minimum wage and hours law.
  • For non-exempt employees: Standard workweek is 40 hours. Rest and meal break policies are in accordance with NYS Labor Law (Section 162 for mandatory meal breaks). Overtime eligibility and calculation are subject to state law. Accurate timekeeping is required.
  • For exempt employees: The agreed base salary compensates for all hours worked.
• Option B: [Alternative Employment Status Description]

6. Compensation and Benefits:

Employee's compensation and benefits are as follows:

• Option A: Base salary/hourly wage is [Salary Amount] per [Year/Hour], payable [Biweekly/Semimonthly], at or above the New York minimum wage.
• Option B: Employee is eligible for [Bonuses/On-call Pay/Shift Differentials/Incentives], specifically for technical support performance.
• Option C: The Company provides the following benefits as required for full-time New York employees: health insurance options [Specify Health Insurance Options], eligibility for New York State Paid Family Leave, Workers’ Compensation, unemployment insurance, disability benefits, paid sick leave ([Number of Hours] hours), paid vacation, and other company benefits like [401(k), Transit/Commuter Benefits, Reimbursement of Work-Related Certification/Training Fees, Professional Development Opportunities, Employee Assistance Programs].

7. At-Will Employment:

Employee's employment is at-will, and consistent with New York law.

• Option A: Employment may be terminated at any time by either party, with [Number] days written notice, unless otherwise provided.
• Option B: Upon termination, Employee must participate in an exit interview, return all Company equipment, and access to systems will be immediately revoked.

8. Confidentiality and Non-Disclosure:

Employee agrees to maintain the confidentiality of Company information.

• Option A: Employee shall protect customer data, access credentials, system configurations, incident reports, proprietary troubleshooting materials, and any trade secrets or confidential company processes.
• Option B: These obligations survive termination of employment.

9. Intellectual Property:

Employee acknowledges that any support documentation, custom scripts, knowledge base articles, or tools developed during employment are the sole property of the Company.

• Option A: Approval is required for any open-source contributions or side technical activities related to the Company's business.

10. Data Privacy and Security:

Employee agrees to comply with data privacy and security policies.

• Option A: Employee must handle customer and internal data in compliance with New York State data breach notification laws, safeguarding Personally Identifiable Information (PII), and adhering to protocols for breach reporting.

11. IT Security Standards:

Employee agrees to comply with company and regulatory IT security standards.

• Option A: Employee must adhere to regular password resets, multifactor authentication, patching, and vulnerability reporting, as well as comply with SOC2 or similar industry standards (if applicable). Unauthorized software installs, use of personal devices without MDM, or data exfiltration are prohibited.

12. Non-Solicitation and Non-Disparagement:

Non-compete enforcement is subject to New York law.

• Option A: Employee agrees not to solicit employees or disparage the Company for a period of [Number] months following termination of employment.
• Option B: No employment agreement provisions can prohibit lawful off-premises conduct under NY Labor Law 201-d.

13. Anti-Harassment and Anti-Discrimination:

The Company prohibits harassment and discrimination.

• Option A: The Company maintains anti-harassment, anti-discrimination, and equal opportunity employment policies covering categories required under New York Human Rights Law and NYC Human Rights Law, including gender identity, sexual orientation, criminal record, caregiver status, age, race, and disability.

14. Workplace Training:

Employee must complete required workplace training.

• Option A: Employee must complete any New York-mandated workplace trainings, such as annual sexual harassment prevention training. The Company will provide protocols for reporting and responding to workplace complaints.

15. Wage Transparency and Notification:

The Company complies with New York regulations on wage transparency.

• Option A: The wage rate and pay schedule are disclosed herein (as required by the NY Wage Theft Prevention Act). Employee will receive an annual wage notice where applicable.

16. Occupational Safety and Ergonomics:

The Company provides a safe working environment.

• Option A: The Company adheres to required occupational safety standards, provides support for mental health, and ensures an ergonomic work environment under NYS Labor Law for employees using computers or telecommunication devices.

17. Dispute Resolution:

The Company prefers negotiation and mediation to resolve disputes.

• Option A: This Agreement shall be governed by the laws of the State of New York, and any litigation shall be brought in New York courts. Any mandatory arbitration or jury waiver clauses comply with NYS restrictions.

18. Local Rules:

The Company complies with applicable local rules.

• Option A: The Company will notify Employee of any electronic monitoring (as required for NY employers who monitor work devices). Notification of applicable labor union rights/activities will be provided if the Company is a unionized workplace. The Company provides whistleblower protections under NY Labor Law Section 740.

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

____________________________ [Company Name] By: [Name of Authorized Representative] Title: [Title of Authorized Representative]
____________________________ [Employee Name]