North Dakota accountant employment contract template

North Dakota Accountant Employment Contract

This North Dakota Accountant Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).

Recitals

• Employer desires to employ Employee as an Accountant.
• Employee desires to be employed by Employer as an Accountant.

Employment

• Position: Accountant
  • Option A: Duties include, but are not limited to: North Dakota-specific accounting practices, financial reporting for local and state tax compliance, management of accounts receivable and payable, payroll processing to North Dakota statutory standards, preparation and filing of North Dakota business income, sales, use, and property tax returns, adherence to GAAP/PCAOB standards (if applicable), monitoring compliance with the North Dakota Department of Revenue, maintaining internal controls and financial records, conducting internal audits, and participating in year-end closing, budgeting, and forecasting.
  • Option B: See attached job description.
• Qualifications:
  • Option A: CPA license from the North Dakota Board of Accountancy (or eligibility).
  • Option B: [List specific qualifications]
  • Continuing education as required by the North Dakota Board of Accountancy.
• Reporting: Employee will report directly to [CFO Name/Title].
• Location: [Employer Address(es) in North Dakota].
  • Option A: The primary work location is [Address].
  • Option B: This position is [Remote/Hybrid].
  • If remote, Employee will comply with Employer's cybersecurity policies and protect confidential client data.
• Type: Full-time
  • Option A: Minimum 40 hours per week.
  • Option B: Overtime eligibility: [Exempt/Non-exempt]. If non-exempt, overtime will be paid at 1.5x the regular rate for hours worked over 40 in a workweek, according to North Dakota Century Code Chapter 34-14.
  • Meal and rest breaks will be provided in accordance with North Dakota law.

Compensation and Benefits

• Salary/Wage: [Annual Salary/Hourly Wage] USD.
• Payment: [Direct Deposit/Check].
  • Pay Period: [Weekly/Bi-weekly/Monthly].
• Overtime: Paid at the rate of 1.5 times the Employee's regular hourly rate for all hours worked in excess of forty (40) in a workweek, if applicable, as required by North Dakota law.
• Bonus: [Description of any bonus plan].
  • Option A: Performance-based bonus, up to [Percentage or Amount] of annual salary, based on achievement of [Specific Metrics].
  • Option B: Profit-sharing, as determined by the Employer.
• Reimbursement: Business expenses will be reimbursed according to Employer's policy, including mileage for client visits within North Dakota and professional licensing fees.
• Benefits:
  • Medical, dental, and vision insurance: [Description of coverage].
  • Retirement/401(k) plan: [Description of plan, including employer and employee contributions].
  • Paid time off (PTO): [Number] days per year, including vacation and sick leave, in accordance with North Dakota law and the North Dakota Human Rights Act.
  • Paid Holidays: [List of paid holidays].
  • Military Leave: In accordance with applicable North Dakota law.
  • Bereavement Leave: [Number] days.
  • Licensure/Certification: Reimbursement for fees.
  • Professional Dues: Reimbursement for dues to organizations like the ND Society of CPAs.

Intellectual Property

• All work papers, client financials, analysis, and accounting records created during employment are Employer's property.
• Employee shall not remove original or electronic records.
• Employee will comply with state record retention and archiving requirements for financial documents.

Confidentiality

• Employee shall maintain strict confidentiality regarding client information, company financials, and trade secrets, adhering to the AICPA Code of Conduct and North Dakota privacy laws.
• Employee shall not disclose any such information during or after employment.
• Handling, storage, and transmission of sensitive financial and tax data must comply with North Dakota state and local requirements.
• Employee shall not use personally identifiable information (PII) from North Dakota residents for unauthorized purposes.

Outside Activities

• Option A: Employee shall not engage in any secondary employment or outside accounting work without Employer's written approval.
• Option B: Employee shall disclose all potential conflicts of interest to Employer in writing.

Compliance

• Employee shall comply with all applicable North Dakota statutes governing employment, accounting, and business practices, including North Dakota Board of Accountancy regulations.
• Employee must comply with state and municipal tax compliance and mandatory reporting requirements.
• Employee shall comply with the North Dakota Uniform Commercial Code as relevant to finance operations.
• Employee shall participate in annual training on changes to North Dakota and federal tax or accounting law.

Professional Conduct

• Employee shall adhere to internal control policies, report irregularities, maintain up-to-date licensure, and participate in ethics and anti-fraud training.
• Employee shall comply with Employer's code of conduct and North Dakota anti-harassment and anti-discrimination rules (North Dakota Human Rights Act).
• Employee shall commit to diversity and inclusion.

Non-Competition and Non-Solicitation

• Option A: Employee agrees not to compete with Employer by providing accounting-related services within [Geographic Area in North Dakota] for [Number] years after termination of employment. This clause is subject to Section 9-08-06 NDCC.
• Option B: Employee agrees not to solicit Employer's clients or employees for [Number] years after termination of employment.
• Employee agrees not to disparage or interfere with Employer's business.

Termination

• Employment is at-will and may be terminated by either party at any time with or without cause, subject to North Dakota law.
• Notice: [Number] days written notice of resignation is required.
• Final Payment: Employee will receive final payment in accordance with North Dakota wage payment statutes (ND Century Code Chapter 34-14-03).
• Return of Property: Employee shall return all company and client property upon termination.
• Option A: Severance: [Description of severance package, if any].

Dispute Resolution

• Option A: Any disputes shall be resolved through mandatory negotiation, mediation, or arbitration in [City, North Dakota].
• Option B: All disputes will be governed by North Dakota law.
• Employee retains the right to file complaints with the North Dakota Department of Labor and Human Rights.

Workers' Compensation

• Employer will provide worker’s compensation insurance coverage in compliance with North Dakota Workforce Safety & Insurance (WSI) laws.
• Employee shall report work-related injuries or illnesses according to state policy.

Compliance with Laws

• Employee shall comply with all federal and local taxing, reporting, and anti-money laundering requirements.
• Employee shall participate in anti-fraud, anti-bribery, and ethics training.

Amendments

This Agreement may be amended only in writing signed by both parties.

Acknowledgment

Employee acknowledges receipt and understanding of this Agreement.

Employer reserves the right to update policies to remain compliant with changes in North Dakota accounting or employment law.

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

____________________________
[Employer Representative Name]
[Employer Representative Title]

____________________________
[Employee Legal Name]

Witness: ____________________________
[Witness Name]