North Dakota technical support engineer employment contract template
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How North Dakota technical support engineer employment contract Differ from Other States
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North Dakota adheres to at-will employment but has specific state exceptions regarding termination for public policy reasons.
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State-mandated non-compete agreements are generally not enforceable in North Dakota except under limited conditions.
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North Dakota law requires certain disclosures and compliance with state-specific wage payment and overtime regulations.
Frequently Asked Questions (FAQ)
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Q: Is non-compete enforceable in a North Dakota technical support engineer contract?
A: Generally, no. Non-compete agreements are unenforceable in North Dakota except for the sale of a business.
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Q: What are the termination requirements in North Dakota technical support contracts?
A: North Dakota allows at-will termination but prohibits firing for public policy, retaliation, or illegal reasons.
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Q: Are there specific overtime rules for technical support engineers in North Dakota?
A: Yes. State and federal laws apply, requiring overtime pay for non-exempt employees working over 40 hours per week.
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North Dakota Technical Support Engineer Employment Contract
This North Dakota Technical Support Engineer Employment Contract ("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").
WHEREAS, Employer desires to employ Employee as a full-time Technical Support Engineer; and
WHEREAS, Employee desires to be employed by Employer in such capacity;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Employment
- Option A: Employer hereby employs Employee as a full-time Technical Support Engineer.
- Option B: Employer hereby employs Employee as a part-time Technical Support Engineer.
- This is an at-will employment relationship governed by North Dakota law.
2. Job Description
Employee's primary responsibility is to provide technical support services to Employer's clients and/or internal users. This includes but is not limited to: diagnosing and resolving technical hardware and software issues; providing multi-channel support (phone, email, chat, onsite); maintaining help desk ticketing systems; escalating unresolved complex issues; performing systems diagnostics; installation and configuration of both proprietary and widely used software; technical documentation creation and updating; and participation in ongoing process and knowledge base improvements.
3. Technical Proficiencies
Employee is expected to possess the following technical proficiencies:
- Platforms: [List Platforms]
- Operating Systems: [List Operating Systems]
- Networking Protocols: [List Networking Protocols]
- Troubleshooting Tools: [List Troubleshooting Tools]
- Remote Access Software: [List Remote Access Software]
- Customer Service Management Systems: [List Customer Service Management Systems]
- Industry-Specific Compliance Standards: [List Industry Standards]
4. Certifications
- Option A: Employee is required to possess the following certifications: [List Certifications]
- Option B: Employee is preferred to possess the following certifications: [List Certifications]
5. Work Schedule
- Employee's standard work schedule will be [Number] hours per week.
- Shift availability: [List Shifts]
- On-call duties: [Describe On-call Duties]
- Overtime expectations: [Describe Overtime Expectations]
- Meal and rest breaks will be provided in accordance with NDCC regulations.
6. Work Location
- Employee's primary work location is [City, ND].
- Option A: Employee may be required to travel to client sites within North Dakota.
- Option B: This position is fully remote.
- Remote work policy: [Specify remote work policy details, including hardware provision, VPN, and security protocols.]
7. Compensation
- Option A: Employee shall receive an annual salary of [Dollar Amount], payable in accordance with North Dakota’s wage payment laws.
- Option B: Employee shall receive an hourly rate of [Dollar Amount], payable in accordance with North Dakota’s wage payment laws.
- Overtime pay will be provided in accordance with the FLSA and North Dakota law.
- Option A: Employee is eligible for a performance-based bonus as described in Exhibit A.
- Option B: Employee is not eligible for a bonus.
8. Benefits
Employee is eligible for the following benefits:
- Group health, dental, vision, and disability insurance compliant with North Dakota insurance laws.
- Retirement and 401(k) options [with/without] employer matching.
- Sick leave, vacation/PTO, statutory North Dakota holidays, family and medical leave consistent with state and federal (FMLA) requirements.
- Professional development reimbursements: [Describe Reimbursement Policy]
- Option A: Relocation/Commuting stipend: [Specify Details]
- Option B: No relocation/commuting stipend.
9. Intellectual Property
Employee agrees that all technical processes, documentation, code, scripts, manuals, troubleshooting workflows, or customer solutions developed during employment are the exclusive property of Employer.
[Specify rules regarding employee participation in open-source communities or disclosure of inventions.]
10. Confidentiality
Employee shall maintain the confidentiality of all proprietary information, client data, company trade secrets, and sensitive customer information.
Employee shall adhere to all security protocols and report any data breaches in accordance with North Dakota law.
11. Performance Standards
Employee shall adhere to company IT security policies, maintain timely communication and ticket resolution, ensure accurate service records, maintain customer satisfaction, conduct themselves professionally with clients, and comply with company policies on acceptable use of electronic resources.
12. Compliance
Employee shall comply with all federal, state (including North Dakota Drug and Alcohol Testing laws), and local employment laws, including background checks, eligibility verification (I-9 process), and sector-specific licensing or regulatory requirements.
13. Non-Competition/Non-Solicitation/Non-Disclosure
[Specify the non-compete, non-solicitation, and non-disclosure provisions in alignment with North Dakota law, referencing NDCC §9-08-06 if applicable.]
14. At-Will Employment
This is an at-will employment relationship, meaning either party may terminate the employment relationship at any time, with or without cause, subject to North Dakota law.
[Detail grounds and procedures for voluntary resignation, employer-initiated dismissal, disciplinary procedures, layoff protocols, mandatory notice periods as per North Dakota statutes, and final pay rules.]
15. Return of Property
Upon termination, Employee shall return all company property and information.
[Specify any post-employment cooperation expected with respect to handover of technical knowledge or pending client matters and define the process for exit interviews.]
16. Dispute Resolution
[Outline the dispute resolution process, prioritizing internal complaint and escalation procedures, optional mediation or arbitration, and choice of North Dakota law and local courts for jurisdiction.]
17. Workers' Compensation, Unemployment, and Safety
Employer provides workers’ compensation coverage in accordance with North Dakota law.
Employee is eligible for unemployment insurance benefits as determined by North Dakota Workforce Safety & Insurance.
Employer adheres to occupational health and safety standards as set by the North Dakota Department of Labor and North Dakota Workforce Safety & Insurance.
18. Equal Opportunity Employment
Employer is an equal opportunity employer and does not discriminate on the basis of race, sex, age, disability, religion, military status, marital status, or any other protected category under federal or North Dakota law.
19. Modification
Employer reserves the right to update or modify specific contract terms, including job duties, policies, and benefits, with advance written notice to the employee, as permitted under North Dakota contract 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]