North Dakota graphic designer employment contract template

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How North Dakota graphic designer employment contract Differ from Other States

  1. Non-compete agreements in North Dakota are generally unenforceable, unlike many other states where limited enforcement is permitted.

  2. North Dakota requires all employment agreements, including for graphic designers, to comply with strict at-will employment standards.

  3. State-specific wage payment laws in North Dakota dictate unique final payment deadlines not always found in other U.S. states.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for graphic designers in North Dakota?

    A: No, written contracts are not mandated, but having one clarifies job terms, expectations, and protects both parties.

  • Q: Are non-compete clauses valid in North Dakota graphic designer contracts?

    A: No, North Dakota law generally prohibits the enforcement of non-compete agreements except in extremely limited circumstances.

  • Q: What final payment rules apply to graphic designers in North Dakota?

    A: North Dakota requires employers to pay terminated employees all final wages by the next regular payday after termination.

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North Dakota Graphic Designer Employment Contract

Agreement Title: Graphic Designer (Full-Time) Employment Agreement

Execution Date: [Date]

Employer Information:

Legal Name: [Employer Legal Name]

Address: [Employer Address]

Contact Person: [Employer Contact Person]

Phone: [Employer Phone]

Email: [Employer Email]

Employee Information:

Legal Name: [Employee Legal Name]

Address: [Employee Address]

Phone: [Employee Phone]

Email: [Employee Email]

Job Description: Employee is hired as a full-time Graphic Designer and will perform the following duties:

  • Creation of digital and print layouts.
  • Illustration.
  • Typography.
  • Photo editing.
  • Brand identity development.
  • Marketing collateral.
  • Web graphics.
  • Packaging design.
  • Social media assets.
  • Signage.
  • Other visual content as assigned.

Technical Requirements:

  • Proficiency in Adobe Creative Suite (Photoshop, Illustrator, InDesign, After Effects).
  • Use of provided computer and drawing tablet.
  • Adherence to font licensing practices.
  • Mandatory use of company-approved design systems and asset libraries.

Collaboration and Communication:

  • Cross-functional collaboration with marketing, product, and sales teams.
  • Participation in creative brainstorming sessions, approval processes, and iterative revisions.
  • Regular communication via [Project Management Platform].
  • Reporting to [Art Director/Creative Lead].

Work Location:

  • Option A: Onsite at [Company Address, North Dakota].
  • Option B: Remote from within North Dakota, subject to company policy.
  • Option C: Hybrid (specify days onsite/remote): [Days Onsite] at [Company Address, North Dakota].

Remote Work Conditions (If Applicable):

  • Company will provide necessary software licenses.
  • Access to digital asset management tools.
  • Secure cloud storage.
  • Guidelines for handling client proprietary content.

Employment Status and Hours:

  • Employment is full-time (minimum 30 hours per week).
  • Core working hours: [Start Time] to [End Time], [Days of the Week].
  • Overtime eligibility: [Eligible/Not Eligible]. If eligible, overtime will be compensated at a rate of 1.5 times the regular hourly rate, in accordance with the FLSA.

Compensation:

  • Option A: Salary: $[Salary] per [Year/Month], paid [Frequency - e.g., bi-weekly].
  • Option B: Hourly Wage: $[Wage] per hour, paid [Frequency - e.g., bi-weekly].
  • Payment Method: [Direct Deposit/Check].
  • Overtime Rate: [Specify Overtime Rate if applicable, otherwise N/A].
  • Bonus/Incentives: [Describe bonus/incentive structure, if any, otherwise N/A].
  • Expense Reimbursement: [Describe policy for design-related fees, memberships, and continuing education].

Employee Benefits:

  • Health Insurance: [Details of health coverage].
  • Dental Insurance: [Details of dental coverage].
  • Vision Insurance: [Details of vision coverage].
  • Retirement Plan: [Eligibility and details of 401(k) or other retirement plan].
  • Paid Holidays: [List of paid holidays observed by the company].
  • Paid Vacation: [Number] days per year.
  • Sick Leave: [Number] days per year.
  • Parental Leave: [Details of parental leave policy].
  • Bereavement Leave: [Details of bereavement leave policy].
  • Professional Development: [Details of company contribution to conferences, certifications, or training].

Intellectual Property:

  • All original works created during employment are considered "work for hire" and are the exclusive property of the employer.
  • Company retains the right to modify, publish, and sublicense these works.
  • Use of third-party or stock assets requires vetting and commercial licensing.
  • Portfolio Use After Employment: [Describe policy for employee use of work samples after termination, requiring written approval for external display of work].

Confidentiality:

  • Employee shall maintain the confidentiality of all client briefs, marketing strategies, product visuals, unpublished designs, pre-launch campaigns, and any proprietary information.
  • This duty survives contract termination and is governed by North Dakota trade secret statutes and the federal DTSA.

Outside Activities:

  • Employee must obtain written approval from the employer for any freelance, consulting, or outside design work during employment.

Use of Company Assets:

  • Unauthorized use or distribution of company or client-owned images, fonts, digital assets, or templates is prohibited.
  • Compliance with digital rights management, copyright, and state/federal trademark law is required.

Non-Competition, Non-Solicitation, and Non-Disclosure:

Non-Compete: Employee agrees not to engage in work that directly competes with [Employer Business Type] within [Specific Geographic Area in North Dakota, e.g., a specific city or county] for a period of [Number] months following termination of employment. This restriction is limited to [Specific Clients or Direct Competitors].

Non-Solicitation: Employee agrees not to solicit clients or employees of [Employer Legal Name] for a period of [Number] months following termination of employment.

Non-Disclosure: Employee agrees to maintain the confidentiality of proprietary information indefinitely.

Termination:

  • Employment is at-will, meaning either party may terminate the relationship at any time, with or without cause.
  • Voluntary Resignation: Employee must provide [Number] weeks written notice.
  • Employer-Initiated Termination: [Describe procedures for termination].
  • Final Wage Payment: Final wages will be paid in accordance with North Dakota law.
  • Return of Company Property: Employee must return all company-issued devices, files, and creative materials upon termination.

Anti-Discrimination and Harassment:

  • The Company is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, national origin, age, disability, or any other status protected by the North Dakota Human Rights Act (NDCC Chapter 14-02.4).
  • [Describe complaint and investigation procedures].

Workers' Compensation and Workplace Safety:

  • Employee is covered by North Dakota workers' compensation insurance.
  • The Company adheres to workplace safety standards related to ergonomics, eye strain, and digital security.

Professional Development:

  • [Describe company expectations for maintaining industry skills and attending training].

Governing Law and Dispute Resolution:

  • This agreement shall be governed by and construed in accordance with the laws of the State of North Dakota.
  • Venue for any dispute shall be in the appropriate state or federal court in North Dakota.
  • [Optional: Mediation/Arbitration clause].

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

Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Amendment: This agreement may be amended only by a written instrument signed by both parties. Any variation from company policy must be approved in writing by an authorized officer.

Signatures:

____________________________

[Employer Representative Name], [Employer Title]

[Employer Legal Name]

Date: ______________________

____________________________

[Employee Name]

Date: ______________________

Acknowledgment:

Both parties acknowledge that they have read and understand this agreement.

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