North Carolina graphic designer employment contract template

North Carolina Graphic Designer Employment Contract

This North Carolina Graphic Designer Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Company Name], a [State] [Entity Type, e.g., corporation] with its principal place of business at [Company Address], hereinafter referred to as "Employer," and [Employee Name], residing at [Employee Address], hereinafter referred to as "Employee."

• The Employer desires to employ the Employee as a Graphic Designer, and the Employee desires to be employed by the Employer in such capacity.
• The parties agree as follows:

1. Employment

• Option A: The Employer hereby employs the Employee as a Full-Time Graphic Designer.
• Option B: The Employer hereby employs the Employee as a Part-Time Graphic Designer.
• Option C: Other: [Specify Employment Type]

2. Job Title and Duties

• 2.1. Job Title: Full-Time Graphic Designer
• 2.2. Duties: The Employee shall perform the following duties:
  • Conceptualization, creation, and execution of original visual content for digital and print media.
  • Branding, marketing collateral, advertisements, presentations, client-facing graphics, and website assets.
  • UI/UX design as relevant to the Employer's needs.
  • Participation in team brainstorming and creative reviews.
  • Following company brand guidelines and fulfilling client briefs.
  • Leading design projects as assigned.
• 2.3. The Employer may modify the Employee’s duties as needed.

3. Required Skills and Equipment

• 3.1. Required Software Proficiencies: Adobe Creative Suite (Photoshop, Illustrator, InDesign), [List other software e.g., Figma, Sketch, Canva]
• 3.2. Required Hardware: Mac/PC platforms, [List other hardware e.g., printers]
• 3.3. Company Provision: The Company will provide or reimburse for necessary equipment, fonts, typefaces, and software licenses as reasonably required for the performance of Employee’s duties.
  • Option A: The Company will provide all necessary equipment.
  • Option B: The Company will reimburse the Employee for pre-approved expenses.
  • Option C: The Company will provide a stipend of [Dollar Amount] per [Time Period] for equipment/software.

4. Client Interface and Collaboration

• Option A: The Employee will directly interface with clients as needed.
  • The Employee will adhere to all company protocols regarding client communication.
• Option B: The Employee will primarily collaborate with internal teams and will have limited client interaction.
• The Employee will collaborate with other departments, including [List Departments e.g., Marketing, Sales].

5. Workplace and Work Hours

• 5.1. Primary Workplace Location: [Address in North Carolina]
• 5.2. Work Arrangement:
  • Option A: Onsite
  • Option B: Hybrid (Specify days onsite: [Days])
  • Option C: Remote
• 5.3. Work Hours: 40-hour workweek, with core hours of [Start Time] to [End Time], Monday through Friday.
• 5.4. Overtime:
  • Option A: Employee is eligible for overtime pay at a rate of 1.5 times their regular hourly rate for hours worked over 40 in a workweek, in compliance with the North Carolina Wage and Hour Act. Overtime must be pre-approved by [Manager Name/Title].
  • Option B: Employee is exempt from overtime pay as an exempt professional employee under the North Carolina Wage and Hour Act.
• 5.5. Time Tracking: Employee will track their work time and deliverables using [Time Tracking System].

6. Compensation and Benefits

• 6.1. Salary:
  • Option A: Annual salary of [Dollar Amount], payable in bi-weekly installments.
  • Option B: Hourly rate of [Dollar Amount], payable in bi-weekly installments.
• 6.2. Pay Period and Method: Bi-weekly, direct deposit.
• 6.3. Bonuses/Commissions:
  • Option A: Employee is eligible for performance-based bonuses as determined by the Employer.
  • Option B: Employee is eligible for commissions based on [Commission Structure].
  • Option C: Employee is not eligible for bonuses or commissions.
• 6.4. Revenue Share:
  • Option A: Employee will receive a revenue share of [Percentage]% for creative asset licensing.
  • Option B: Employee will not receive a revenue share for creative asset licensing.
• 6.5. Raises/Incentives: Eligibility for raises and performance-based incentives will be determined based on annual performance reviews.
• 6.6. Benefits:
  • Health Insurance
  • Dental Insurance
  • Vision Insurance
  • Life Insurance
  • 401(k) or other Retirement Plan
  • Paid Vacation: [Number] days per year.
  • Paid Sick Leave: [Number] days per year.
  • Paid Holidays: [List Holidays]
  • Design Conference Attendance/Travel Allowance: [Dollar Amount] per year.
  • Training and Professional Development Support: [Description]
  • Software Subscription Reimbursement
  • Wellness/Remote Work Stipend: [Dollar Amount] per month.

7. Intellectual Property

• 7.1. Work Product Assignment: All work product, graphic files, templates, concepts, sketches, drafts, source design files, and other creative materials developed by the Employee in the scope of employment are the sole and exclusive property of the Employer.
• 7.2. Third-Party Assets: The Employee will obtain prior written approval from the Employer before using any third-party assets, stock art, open-source, or Creative Commons content.
• 7.3. Moral Rights Waiver: To the extent permitted by North Carolina and federal law, the Employee hereby irrevocably waives all moral rights in any original artistic works produced by the Employee.

8. Confidentiality

• 8.1. Confidential Information: The Employee acknowledges that during their employment, they will have access to confidential information including, but not limited to, client information, marketing strategies, vendor relationships, unreleased campaigns, proprietary templates, and internal creative processes.
• 8.2. Non-Disclosure: The Employee agrees not to disclose any confidential information to any third party during or after their employment with the Employer.

9. Work Standards

• 9.1. Quality Expectations: The Employee will maintain a high standard of quality in all design work.
• 9.2. Deadlines: The Employee will adhere to all project deadlines.
• 9.3. File Format/Delivery Requirements: The Employee will adhere to the Employer's file format and delivery requirements.
• 9.4. Branding Compliance: The Employee will ensure consistent use of company and client branding.
• 9.5. Ethical Use: The Employee will comply with lawful and ethical use of imagery and fonts.

10. Company Policies

• 10.1. Acceptance: The Employee acknowledges receipt and acceptance of the Employer's Employee Handbook, Design Standards Manual, and IT Usage/Security Policies.

11. Outside Work

• 11.1. Permitted Work: The Employee may maintain a personal design portfolio.
  • Restrictions: The Employee will not include confidential or proprietary company/client work in their personal portfolio without written consent from the Employer.
• 11.2. Prohibited Work: The Employee will not engage in any freelance or contract design work that competes with the Employer's business or uses company resources.
• 11.3. Exception Requests: The Employee may request an exception to this policy in writing to [Manager Name/Title].

12. Non-Compete and Non-Solicitation

• 12.1. Non-Compete: To the extent permitted by North Carolina law, during the term of employment and for a period of [Number] months following termination, the Employee will not engage in any business that is directly competitive with the Employer within a [Radius] mile radius of the Employer’s primary place of business. This restriction is limited to protecting trade secrets, client lists, and ongoing company business.
• 12.2. Non-Solicitation: During the term of employment and for a period of [Number] months following termination, the Employee will not solicit the Employer’s employees or clients.
• 12.3. Enforceability: The Employee acknowledges that the restrictions in this section are reasonable and necessary to protect the Employer's legitimate business interests.

13. At-Will Employment

• 13.1. At-Will Status: The Employee's employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to the terms outlined below.
• 13.2. Termination by Employer: The Employer may terminate the Employee’s employment for cause or due to layoff.
• 13.3. Termination by Employee: The Employee may resign from their employment by providing [Number] days written notice to the Employer.
• 13.4. Final Pay: Upon termination, the Employee will receive their final pay in accordance with North Carolina final wage payment laws.
• 13.5. Return of Property: Upon termination, the Employee will return all company equipment, restore or delete company intellectual property from personal devices, and have their access to design tools and client platforms deactivated.

14. Dispute Resolution

• 14.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.
• 14.2. Jurisdiction: Any disputes arising under or related to this Agreement shall be resolved in the state or federal courts located in [County Name] County, North Carolina.
• 14.3. Negotiation and Mediation: The parties agree to first attempt to resolve any disputes through informal negotiation and mediation before resorting to arbitration or litigation.

15. Equal Employment Opportunity

• 15.1. Non-Discrimination: The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, pregnancy, age, disability, national origin, or any other protected characteristic under state or federal law.
• 15.2. Anti-Harassment: The Employer maintains an anti-harassment policy that prohibits harassment based on any protected characteristic. Employees are encouraged to report any concerns to [HR Contact/Title].

16. Compliance with Laws

• 16.1. Workers’ Compensation: The Employer will maintain workers’ compensation insurance coverage for the Employee as required by North Carolina law.
• 16.2. Unemployment Insurance: The Employer will pay unemployment insurance taxes as required by North Carolina law.
• 16.3. Occupational Health and Safety: The Employer will provide a safe and healthy work environment for the Employee, including ergonomic workspace guidelines and reasonable accommodations for disabilities as required by the Americans with Disabilities Act (ADA) and North Carolina law.

17. Employee Classification and Tax Withholding

• 17.1. Classification: The Employer classifies the Employee as an employee and will comply with all applicable IRS, FLSA, and North Carolina statutory guidance for employee classification and tax withholding.

18. Special North Carolina Practices

• 18.1. Background Checks: The Employee consents to a background check, if required by the Employer.
• 18.2. E-Verify: The Employer complies with E-Verify requirements for legal work status.
• 18.3. Wage Theft Notification: The Employee acknowledges receipt of wage theft notification information, if required by North Carolina law.

19. Employer-Specific Adjustments

• 19.1. Work-From-Home Expense Reimbursement: [Specify Policy]
• 19.2. Digital Asset Management Policy: [Specify Policy]
• 19.3. Custom Portfolio Rights: [Specify Policy]

20. Artificial Intelligence and Generative Tools

• 20.1. Use of AI: Use of AI tools in design work must be pre-approved by [Manager Name/Title].
• 20.2. Ethical Sourcing: The Employee is responsible for ensuring the lawful and ethical sourcing of media.
• 20.3. Copyright Compliance: The Employee must avoid copyright infringement or violation of third-party intellectual property rights.

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

[Company Name]

By: [Authorized Representative Name]

Title: [Authorized Representative Title]

[Employee Name]

Signature: ____________________________

Date: ____________________________