North Dakota IT assistant employment contract template
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How North Dakota IT assistant employment contract Differ from Other States
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North Dakota recognizes at-will employment but requires explicit contract terms to clarify deviations or exceptions for IT assistants.
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State law mandates specific disclosure regarding non-compete clauses, which are generally unenforceable except in limited circumstances.
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North Dakota statutes include unique data privacy and security requirements for IT roles that must be addressed in employment agreements.
Frequently Asked Questions (FAQ)
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Q: Is an IT assistant employment contract required by law in North Dakota?
A: While not legally required, a written contract is strongly recommended to clarify rights, duties, and reduce disputes.
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Q: Are non-compete clauses enforceable in North Dakota IT assistant contracts?
A: Non-compete clauses are generally unenforceable in North Dakota except in cases involving the sale of a business.
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Q: Which laws should be referenced in an IT assistant employment contract in North Dakota?
A: Contracts should reference North Dakota Century Code, state wage laws, and applicable data privacy and cybersecurity statutes.
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North Dakota IT Assistant Employment Contract
Date: [Date of Signing]
Employer:
Legal Name: [Employer Legal Name]
Address: [Employer Address]
EIN: [Employer EIN]
Employee:
Legal Name: [Employee Legal Name]
Address: [Employee Address]
SSN: [Employee SSN] (Last four digits only)
I-9 Verification: Completed on [Date of I-9 Verification]. Documents presented: [List of Documents Presented].
Position: IT Assistant – Full-Time
Job Description: The Employee shall perform the duties of an IT Assistant, including but not limited to:
- Providing tier-1 and tier-2 technical support.
- User device setup and troubleshooting (Windows, macOS, and mobile platforms).
- Resolving network and connectivity issues.
- Maintaining hardware inventory.
- Assisting with software installation/upgrades.
- Supporting company-specific applications.
- Basic server maintenance.
- User account administration (Active Directory, email systems).
- Monitoring system alerts.
- Basic cybersecurity hygiene tasks (password resets, system updates).
- User training on company digital policies.
- Documenting IT incidents.
- Escalating unresolved technical issues.
- Complying with ND data privacy and cybersecurity requirements.
- Supporting compliance with company record retention and privacy practices.
Required Skills and Certifications:
- Option A: CompTIA A+ and Network+ certifications are required.
- Option B: Equivalent experience and demonstrable skills may be considered in lieu of certifications.
- Familiarity with company-specific systems, tools, and ticketing platforms: [List Systems and Tools].
- Willingness to participate in ongoing professional training.
Reporting and Supervision:
- The Employee will report to: [Supervisor Title/Name].
- Reporting lines and escalation protocols will be as defined by the IT Department.
- The Employee is expected to attend team meetings and participate in IT projects as assigned.
Principal Place of Employment:
- Option A: [Company Premises Address in North Dakota]
- Option B: Hybrid/Remote work allowed as per company policy: [Reference to Remote Work Policy].
- Remote device security and acceptable use policies are detailed in: [Reference to Device Security Policy].
Company-Issued Hardware and Software:
- The Employee is responsible for the safekeeping and proper use of all company-issued hardware and software.
- Loss or damage must be reported immediately to [Designated Contact/Department].
- Software licensing is the responsibility of the company.
Employment Type and Work Schedule:
- Full-time employment.
- Standard work hours: [Start Time] to [End Time], [Days of the Week].
- Option A: On-call availability may be required for after-hours IT incidents as needed: [Define On-call Schedule/Compensation].
- Option B: No on-call availability is required.
- Meal/rest break provisions: [Describe meal/rest break policy, noting ND does not require them by law].
- Overtime: Recording and approval of overtime must comply with company policy.
Compensation:
- Option A: Annual Salary: [Annual Salary Amount].
- Option B: Hourly Wage: [Hourly Wage Amount].
- Compensation is paid [Frequency - e.g., bi-weekly].
- Overtime eligibility and pay rate: 1.5x base pay for hours worked over 40 per week, unless exempt by law.
- Direct deposit is required.
- Discretionary bonuses: May be awarded for exceptional performance.
- Potential for merit-based compensation adjustments based on performance reviews.
Employee Benefits:
- Medical, Dental, and Vision Insurance: [Describe eligibility, waiting periods, and scope. Reference plan documents.]
- Retirement Plan: [Describe employer-provided or optional retirement plan. Reference plan documents.]
- Paid Vacation and Sick Leave: [Describe accrual rates, carryover/forfeiture rules. State that ND has no statutory paid leave.]
- Company Holidays: [List Company Holidays Observed].
- Voluntary Benefits: [List voluntary benefits, e.g., life insurance, disability insurance].
- Technical Certifications/Training Reimbursement: [Describe policy for employer-sponsored certifications or training reimbursement].
Intellectual Property Assignment:
- All software, technical documentation, configuration scripts, or knowledgebase materials created or improved during employment are the sole property of the Company.
- Written approval is required for using or contributing to open-source or public-facing projects as part of job duties.
Confidentiality:
- The Employee shall maintain the confidentiality of all business-sensitive information, including IT configurations, passwords, user data, proprietary system information, and business correspondence.
- Consequences for breaches of confidentiality will be strictly enforced.
- This confidentiality obligation survives termination of employment.
IT Security and Device Use:
- The Employee must adhere to all company IT security policies.
- Mandatory compliance includes strong passwords, MFA, device encryption (where supported), software update protocols, and phishing/ransomware alert procedures.
- Unauthorized hardware/software installation is prohibited.
- Personal use of company devices is restricted as per company policy.
- Incident reporting is mandatory.
Conflict of Interest and Moonlighting:
- The Employee must disclose any outside employment that may conflict with their duties.
- The Company reserves the right to restrict outside employment that presents a conflict of interest.
Non-Compete, Non-Solicitation, and Confidentiality:
- Option A: The employee agrees to a non-solicitation agreement of Company's clients and employees for a period of [number] months after the termination of employment.
- Option B: The employee agrees to a non-compete agreement consistent with North Dakota Century Code and reasonably necessary to protect the company's trade secrets and confidential information for a period of [number] months after the termination of employment.
- The employee agrees to uphold his/her confidentiality obligations.
Termination of Employment:
- Voluntary Resignation: The Employee shall provide [Number] days' written notice of resignation.
- Termination for Cause: The Company may terminate employment for cause, as defined by company policy.
- Layoff/Job Elimination: The Company may terminate employment due to layoff or job elimination.
- Payment of earned wages will be made within the statutory period after separation.
- All company equipment must be returned upon termination.
- Final settlement of leave balances will be handled according to company policy.
Workers' Compensation and Workplace Safety:
- The Company provides workers' compensation coverage as required by North Dakota law.
- The Company is committed to providing a safe working environment.
- The Employee must report any workplace hazards or accidents to [Designated Contact/Department].
Anti-Harassment and Anti-Discrimination Policy:
- The Company complies with federal law and the North Dakota Human Rights Act.
- Discrimination or harassment based on protected characteristics is strictly prohibited.
- Procedures for internal complaints are outlined in the Employee Handbook.
Employee Handbook and IT Policies:
- The Employee acknowledges receipt and understanding of the Company's Employee Handbook and applicable IT policies.
- In the event of a conflict between this contract and the Employee Handbook, the terms of this contract shall govern.
Dispute Resolution:
- The Company encourages good faith internal resolution of disputes.
- Mediation may be used to resolve disputes.
- Option A: Any unresolved disputes shall be subject to binding arbitration in accordance with North Dakota law.
- Option B: Any disputes shall be governed by North Dakota law and submitted to North Dakota jurisdiction and venue.
At-Will Employment:
Employment is at-will, and neither this contract nor any company policy creates a promise of continued employment or specific term.
Entire Agreement:
This agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
Amendments:
This agreement may be amended only by a written instrument signed by both parties.
Governing Law:
This agreement shall be governed by and construed in accordance with the laws of the State of North Dakota.
Severability:
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Employee Signature: ____________________________ Date: ____________
Employer Signature: ____________________________ Date: ____________