North Carolina IT assistant employment contract template
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How North Carolina IT assistant employment contract Differ from Other States
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North Carolina is an at-will employment state, so contracts often emphasize the employer’s right to terminate employment at any time.
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State-specific provisions regarding noncompete agreements are stricter, with enforceability determined by a reasonableness standard.
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North Carolina law requires clear policies on wage payments and overtime, reflecting compliance with both federal and state wage laws.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract required for IT assistants in North Carolina?
A: No, a written contract is not legally required, but it is recommended to clarify job expectations and terms.
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Q: Are noncompete clauses enforceable for IT assistants in North Carolina?
A: Noncompete clauses are enforceable if they are reasonable in scope, duration, and geographic area under North Carolina law.
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Q: Does North Carolina mandate specific overtime rules in IT assistant contracts?
A: Yes, contracts must comply with federal FLSA and state laws regarding overtime pay, unless specific exemptions apply.
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North Carolina IT Assistant Employment Contract
This North Carolina IT Assistant Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Full Legal Name], a [State] [Entity Type, e.g., Corporation] with its principal place of business at [Employer Full Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Full Address] ("Employee").
1. Position and Job Description
Employee is hired as a full-time IT Assistant.
Option A: The Employee’s duties include, but are not limited to:
- Providing technical user support.
- Installation and maintenance of hardware and software.
- Troubleshooting network and peripheral device issues.
- Basic server and workstation administration.
- Software updates and patch management.
- Maintaining and organizing IT inventory and asset records.
- Responding to help desk tickets.
- Supporting cybersecurity protocols.
- Setting up and maintaining user accounts and permissions in accordance with company policy.
- Monitoring system alerts.
- Assisting in the training of staff on IT usage and company policies.
Option B: Employee will perform the following specific duties: [Detailed List of Specific Duties]
Employee will support the following IT infrastructure, systems, and applications: [List of systems, OS, hardware, software, cloud services, e.g., Windows Server, Azure AD, Dell hardware, MS Office 365, etc.].
Option A: Required certifications include: [List Certifications e.g., CompTIA A+, Network+].
Option B: No specific certifications are required for this role.
Employee will have access to sensitive data/regulated systems: [Specify types of data e.g., HIPAA, PCI DSS].
2. Work Location and Remote Work Policy
The primary work location is the Employer’s place of business at [Employer Full Address] in North Carolina.
Option A: Employee may be required to perform field work at [Locations, e.g., satellite offices].
Option B: Employee will not be required to perform field work.
Option A: Remote work is [Allowed/Not Allowed]. If allowed, the policy is as follows: [Detailed Remote Work Policy, including secure access, equipment, reimbursement, monitoring compliance per NC law].
Option B: Remote work is at the discretion of management, subject to business needs and performance.
3. Employment Status and Hours
Employee’s employment is full-time.
Option A: The standard work week is 40 hours per week.
Option B: The standard work week is [Number] hours per week.
The work schedule is [Specific Schedule, e.g., Monday-Friday, 9:00 AM to 5:00 PM].
Option A: Employee may be required to participate in on-call rotations or provide after-hours support coverage. Details: [On-call Rotation Details].
Option B: Employee is not expected to participate in on-call rotations.
Overtime will be calculated and paid in accordance with the North Carolina Wage and Hour Act, at a rate of at least 1.5 times the regular rate of pay for all hours worked over 40 in a workweek.
Break and meal period policies are as follows: [Detailed Break/Meal Period Policy].
Employee is required to accurately document all hours worked.
4. Compensation
Option A: Annual salary is [Dollar Amount], payable [Frequency, e.g., bi-weekly].
Option B: Hourly wage is [Dollar Amount], payable [Frequency, e.g., bi-weekly].
Option A: Overtime rate is 1.5 times the regular hourly rate.
Option B: Any overtime will be compensated as required by North Carolina law.
Option A: A performance-based bonus of up to [Dollar Amount or Percentage] may be awarded based on [Performance Metrics].
Option B: A retention bonus of [Dollar Amount] will be paid after [Time Period] of satisfactory service.
Option C: No bonus structure is offered.
Option A: A stipend of [Dollar Amount] will be provided for achieving [Certification].
Option B: No stipends are offered.
Expense reimbursement policy: [Detailed Expense Reimbursement Policy for tools, travel, training, etc., compliant with NC regulations].
5. Benefits
Employee is eligible for the following benefits:
- Health insurance: [Details of Health Insurance Plan].
- Dental insurance: [Details of Dental Insurance Plan].
- Vision insurance: [Details of Vision Insurance Plan].
- Life insurance: [Details of Life Insurance Plan].
- Retirement plan: [Details of 401k or other retirement plan, including employer contributions].
- Paid time off (PTO): [Number] days of vacation and [Number] days of sick leave per year.
- Paid holidays: [List of Paid Holidays, specifying NC observed holidays].
- IT Training/Certification reimbursement: [Details of reimbursement policy].
- Employee Assistance Program (EAP): [Details of EAP].
6. Intellectual Property
All work product, scripts, documentation, and tools developed or improved by Employee as part of their duties are the exclusive property of Employer under North Carolina and federal law.
Approval process for use or contribution to open-source code: [Detailed Approval Process].
7. Confidentiality and Data Protection
Employee has a duty to safeguard company, customer, and partner data, proprietary information, system passwords, and security measures. These obligations survive termination of this Agreement. Employee acknowledges North Carolina’s trade secret protections and data breach reporting requirements.
Employee access privileges, audit logging, and protocols for reporting security incidents are outlined in [Document Name, e.g., IT Security Policy].
Personal use of company IT resources is governed by [Document Name, e.g., Acceptable Use Policy].
8. Compliance and Reporting
Employee must comply with all company IT security policies, end-user policies, BYOD guidelines, and North Carolina data privacy and monitoring rules.
Lines of authority and reporting structure: Employee reports to [Job Title].
Regular reporting duties: [List of Reporting Duties, e.g., inventory status, ticket metrics].
Employee is required to participate in [Department/Cross-functional meetings].
9. Behavioral and Ethical Standards
Employee is prohibited from unauthorized system access, illegal downloads, and improper use of confidential data.
Employee must cooperate with company-wide security audits, penetration testing, and disaster recovery drills.
10. Discipline and Termination
Employee’s employment is at-will, meaning either party may terminate the relationship at any time, with or without cause, subject to North Carolina law.
Option A: Termination for cause may include, but is not limited to: [List Grounds for Termination, e.g., violation of company policy, insubordination, theft].
Option B: Specify any exceptions to at-will employment: [Detailed Contractual Exceptions, if any].
Final compensation will be provided in accordance with North Carolina law.
Option A: The notice period for resignation is [Number] days.
Option B: No specific notice period is required.
Procedures for return of company equipment and credentials: [Detailed Procedures].
11. Company Property
Employee is responsible for the proper use and security of all assigned hardware, software, and access credentials.
Liability policies for lost, broken, or misused equipment are outlined in [Document Name, e.g., Company Property Policy], within the bounds permitted by North Carolina statutes.
12. Restrictive Covenants
Option A: Employee agrees not to solicit clients or employees of Employer for a period of [Number] months following termination of employment. This restriction applies within [Geographic Area].
Option B: Employee agrees to maintain the confidentiality of Employer’s trade secrets and confidential information indefinitely.
Option C: No restrictive covenants are included in this agreement.
These covenants are intended to protect legitimate business interests and are reasonable in scope under North Carolina law. *Note: Non-compete clauses should be reviewed by legal counsel and tailored to specific business needs within the bounds of North Carolina law.*
13. Equal Opportunity and Anti-Discrimination
Employer is an equal opportunity employer and complies with all North Carolina and federal anti-discrimination laws. Protected categories include age, race, sex, color, pregnancy, religion, national origin, disability, genetic information, and any other category protected by law.
Employer’s internal policies for inclusive workplace practices are outlined in [Document Name, e.g., Employee Handbook].
14. Worker Health and Safety
Employee is responsible for maintaining a safe work environment, including proper screen use, awareness of repetitive stress injuries, and adherence to electrical safety guidelines.
Employer maintains workers’ compensation insurance as required by North Carolina law.
15. Dispute Resolution
Any disputes arising out of this Agreement shall be resolved through informal negotiation and mediation in North Carolina, if possible. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. The venue for any legal proceedings shall be in [County Name] County, North Carolina.
16. Required Notices and Disclosures
Employee acknowledges receipt of required notices and disclosures under North Carolina law, including notice of wage deduction policies, pay classification, and eligibility for unemployment benefits or healthcare continuation under COBRA.
17. Employee Handbook and IT Policy Acknowledgement
Employee acknowledges receipt of the employee handbook and agrees to adhere to its policies.
Employee acknowledges receipt and understanding of the following policies:
- Acceptable Use Policy
- Information Security Policy
- Device Loss Policy
- Remote Work Policy
Employee agrees to read and retain copies of these policies.
18. Policy Updates
Employer may revise certain policies (such as IT security requirements, remote work, and benefits) with written notice to Employee. Employee agrees to comply with future updates as allowed by law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Representative Name]
[Employer Representative Title]
[Employer Full Legal Name]
____________________________
[Employee Full Legal Name]