North Dakota employment contract template

North Dakota Employment Contract

This 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 Full Legal Name], residing at [Employee Address] ("Employee").

1. Employment Position

• Option A:
  • The Employer hereby employs the Employee as [Job Title].
• Option B:
  • The Employer hereby employs the Employee as [Job Title] reporting to [Supervisor's Job Title or Name].

2. Job Duties and Responsibilities

• Option A:
  • The Employee's duties and responsibilities shall include, but not be limited to, the following: [Detailed Description of Job Duties].
• Option B:
  • The Employee will perform duties as assigned by Employer.

3. Work Location

• Option A:
  • The Employee's primary work location shall be at [Work Location Address].
• Option B:
  • The Employee may be required to work at other locations as reasonably required by the Employer.

4. Employment Classification

• Option A:
  • The Employee's employment is classified as:
    • Full-time
    • Part-time
    • Temporary
    • Seasonal
    • Intern
• Option B:
  • The Employee's employment is classified as:
    • Exempt (Not eligible for overtime under the Fair Labor Standards Act).
    • Non-Exempt (Eligible for overtime under the Fair Labor Standards Act).

5. Term of Employment

• Option A:
  • The Employee's employment is "at-will," meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.
• Option B:
  • The term of employment shall commence on [Start Date] and shall continue until [End Date]. This is a fixed-term employment.
• Option C:
  • The term of employment shall commence on [Start Date] and shall continue until completion of [Project Name or Description]. This is a project-based employment.

6. Compensation

• Option A:
  • The Employer shall pay the Employee a salary of [Salary Amount] per [Pay Period: e.g., year, month, week], payable [Pay Frequency: e.g., bi-weekly, semi-monthly].
• Option B:
  • The Employer shall pay the Employee an hourly rate of [Hourly Rate], payable [Pay Frequency: e.g., bi-weekly, semi-monthly].
    • The Employee is eligible for overtime pay at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked in excess of forty (40) hours in a workweek.
• Option C:
  • The Employee may be eligible for bonuses or commissions pursuant to the Employer’s bonus/commission plan, as may be amended from time to time. The details of the plan are located [Location of Bonus/Commission Plan].
• Deductions:
  • All payments are subject to legally required deductions for taxes and other withholdings.

7. Employee Benefits

• Option A:
  • The Employee is eligible to participate in the Employer's benefit plans, including:
    • Health Insurance
    • Dental Insurance
    • Vision Insurance
    • 401(k) or Pension Plan
    • Paid Time Off (Sick Leave, Vacation, Holidays)
    • Family Leave
    • Disability Insurance
    • Life Insurance
    • Flexible Spending Account
  • Eligibility for and terms of these benefits are subject to the plans' governing documents and the Employer's policies.
• Option B:
  • The Employee is not eligible for any benefits at this time.

8. Working Hours and Conduct

• Option A:
  • The Employee's regular working hours shall be [Start Time] to [End Time], [Days of the Week].
• Option B:
  • The Employee's schedule will vary based on the needs of the business and as assigned by the Employer.
• Conduct:
  • The Employee shall adhere to the Employer's policies regarding workplace conduct, dress code, and use of company property. The Employer's employee handbook details these policies.

9. Intellectual Property and Confidentiality

• Option A:
  • All work product, inventions, and intellectual property created by the Employee during their employment shall be the sole property of the Employer.
• Option B:
  • The Employee shall maintain the confidentiality of the Employer's trade secrets and proprietary information, both during and after employment. The terms of this confidentiality are further outlined in the attached Confidentiality Agreement.

10. Non-Competition, Non-Solicitation, and Non-Disparagement

• Option A:
  • During the term of employment and for a period of [Number] [Months/Years] following termination of employment, the Employee shall not, directly or indirectly, engage in any business that competes with the Employer within [Geographic Area]. Note: North Dakota law strictly limits the enforceability of non-compete agreements.
• Option B:
  • During the term of employment and for a period of [Number] [Months/Years] following termination of employment, the Employee shall not solicit the Employer's employees or customers.
• Option C:
  • The Employee agrees not to disparage the Employer, its products, services, or employees, either during or after employment.

11. Termination

• Option A:
  • The Employer may terminate the Employee's employment with or without cause, subject to applicable law.
• Option B:
  • The Employee may resign from their employment by providing [Number] days' written notice to the Employer.
• Final Paycheck:
  • Upon termination of employment, the Employer shall provide the Employee with a final paycheck, including all wages earned and owed, within 15 days or on the next regularly scheduled payday, whichever is earlier, as required by North Dakota law.

12. Dispute Resolution

• Option A:
  • Any dispute arising out of or relating to this Agreement shall be resolved through mediation in [City, North Dakota].
• Option B:
  • Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association in [City, North Dakota].
• Governing Law:
  • This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to its conflict of laws principles.

13. Equal Opportunity Employer

• Option A:
  • The Employer is an equal opportunity employer and does not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, disability, national origin, or any other protected category under federal or North Dakota law.
• Option B:
  • The Employer’s full EEO policy is detailed in the employee handbook.

14. Worker's Compensation

The Employee is covered by the Employer's worker's compensation insurance, as required by North Dakota law.

15. Workplace Safety

The Employer shall maintain a safe workplace in compliance with OSHA and North Dakota workplace safety regulations.

16. Additional Provisions

• Option A:
  • This offer of employment is contingent upon the successful completion of a background check.
• Option B:
  • The Employee agrees to comply with all of the Employer's policies and procedures, as outlined in the employee handbook.
• Option C:
  • The Employee acknowledges receipt of the North Dakota Wage Theft Notice.

17. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

18. Amendment

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

19. Enforceability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Assignment

This Agreement may not be assigned by the Employee without the written consent of the Employer.

21. Notices

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

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

____________________________

[Employer Representative Name], [Employer Representative Title]

____________________________

[Employee Full Legal Name]