Ohio employment contract template

Ohio Employment Contract

This Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Employer Legal Name], located at [Employer Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).

1. Employment

• Position:
  • Option A: The Employer hereby hires the Employee in the position of [Job Title].
  • Option B: The Employee’s job title is [Job Title]. The employee will report to [Reporting Line] and perform duties as described in [Job Description].
• Department: The Employee's primary department is [Department].
• Work Location: The Employee's primary work location is [Work Location]. The Employer may require the Employee to work at other locations as necessary.
• Employment Type:
  • Option A: Full-time
  • Option B: Part-time
  • Option C: Temporary
  • Option D: Seasonal
  • Option E: Internship
• Exemption Status:
  • Option A: Exempt from overtime under the Fair Labor Standards Act (FLSA) and Ohio Wage Laws.
  • Option B: Non-exempt from overtime under the Fair Labor Standards Act (FLSA) and Ohio Wage Laws.

2. Term of Employment

• At-Will Employment:
  • Option A: This is an at-will employment relationship. Either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. This at-will employment relationship cannot be modified except by a written agreement signed by an authorized representative of the Employer and the Employee.
  • Option B: [Insert specific exceptions to at-will employment, such as a written agreement promising job security or termination only for cause. If none, delete this option.]
• Definite Term:
  • Option A: The term of employment shall commence on [Start Date] and continue until [End Date].
  • Option B: This Agreement will be reviewed annually, beginning [Date of Review Start], to determine continuation or renewal based on performance and business needs.
• Performance Review:
  • Option A: The Employee's performance will be reviewed [Frequency, e.g., annually].
  • Option B: The Employee’s performance will be reviewed per the Employee Handbook.

3. Compensation and Benefits

• Base Salary/Wage:
  • Option A: The Employee shall receive a base salary of [Dollar Amount] per year, payable [Frequency, e.g., bi-weekly].
  • Option B: The Employee shall receive an hourly wage of [Dollar Amount] per hour.
• Overtime Pay: For non-exempt employees, overtime will be paid at one and one-half (1.5) times the Employee's regular rate of pay for all hours worked over forty (40) in a workweek, as required by the FLSA and Ohio law.
• Bonus:
  • Option A: The Employee may be eligible for a bonus based on [Bonus Criteria], as determined by the Employer in its sole discretion. The amount and terms of the bonus will be determined by the Employer.
  • Option B: There is no bonus.
• Commission:
  • Option A: The Employee may be eligible for commissions as outlined in a separate Commission Agreement.
  • Option B: There is no commission.
• Payment Method & Frequency: Payment will be made via [Payment Method, e.g., direct deposit] on [Payment Frequency, e.g., a bi-weekly] basis.
• Reimbursement:
  • Option A: The Employee will be reimbursed for reasonable business expenses incurred in the performance of their duties, subject to the Employer's expense reimbursement policy.
  • Option B: The Employee will not be reimbursed for expenses.
  • Option C: Mileage will be reimbursed at the current IRS rate.
• Benefits:
  • Option A: The Employee is eligible to participate in the Employer's benefit plans, including health insurance, dental insurance, vision insurance, 401(k), paid time off (PTO), and other benefits, subject to the terms and conditions of those plans. Details are available in the Employee Handbook.
  • Option B: Health insurance is offered.
  • Option C: Dental Insurance is offered.
  • Option D: Vision Insurance is offered.
  • Option E: 401(k) retirement plan is offered.
  • Option F: The Employer offers paid time off.
  • Option G: The Employer offers unpaid leave, in compliance with FMLA regulations.
  • Option H: The Employer offers [List other benefits, e.g. tuition reimbursement].
  • Option I: No benefits are offered.

4. Employee Conduct

• Working Hours: The Employee's regular working hours are [Number] hours per week, [Days of the Week], from [Start Time] to [End Time].
• Attendance & Punctuality: The Employee is expected to be punctual and maintain regular attendance.
• Code of Conduct: The Employee is expected to adhere to the Employer's code of conduct, as outlined in the Employee Handbook.
• Professional Standards: The Employee is expected to maintain professional standards of conduct at all times.
• Dress Code: The Employee is expected to adhere to the Employer’s dress code which is [Dress Code Description or Reference].
• Substance Abuse Policy: The Employee is subject to the Employer's substance abuse policy, as outlined in the Employee Handbook.
• Use of Company Property: The Employee must use company property responsibly and only for business purposes.
• Social Media Policy: The Employee must adhere to the Employer’s social media policy, as outlined in the Employee Handbook.

5. Confidentiality and Protection of Proprietary Information

• Ownership of Inventions and Work Products: All inventions, discoveries, and work products created by the Employee during the course of employment shall be the sole property of the Employer.
• Protection of Trade Secrets: The Employee shall protect the Employer's trade secrets and confidential information.
• Nondisclosure Agreement:
  • Option A: The Employee is required to sign a separate Nondisclosure Agreement (NDA).
  • Option B: The Employee is not required to sign a separate Nondisclosure Agreement (NDA).
• Scope and Duration:
  • Option A: The confidentiality obligations outlined in this agreement, or in the separate NDA, shall continue [Number] years after the termination of employment.
  • Option B: The confidentiality obligations outlined in this agreement, or in the separate NDA, shall continue indefinitely.

6. Intellectual Property

• Option A: All intellectual property created by the Employee during the course of employment related to the Employer's business shall be assigned to the Employer. The Employee agrees to execute all documents necessary to perfect the Employer's ownership of such intellectual property.
• Option B: [Delete this section if not applicable.]

7. Restrictive Covenants (Ohio Law Applies)

• Non-Compete Clause:
  • Option A: During the term of employment and for a period of [Number] months/years following termination, the Employee shall not, directly or indirectly, engage in any business that competes with the Employer within a [Geographic Scope, e.g., 50-mile radius] of [Specific Location], specifically involving [Description of Prohibited Activities]. This restriction is reasonable in geographic scope and duration and is necessary to protect the Employer's legitimate business interests under Ohio law.
  • Option B: [Delete this section if not applicable.]
• Non-Solicitation Clause:
  • Option A: During the term of employment and for a period of [Number] months/years following termination, the Employee shall not solicit the Employer's clients or employees.
  • Option B: [Delete this section if not applicable.]
• Non-Disparagement:
  • Option A: The Employee agrees not to disparage the Employer, its products, services, or employees, either during or after the term of employment. The Employer agrees not to disparage the Employee.
  • Option B: [Delete this section if not applicable.]

8. Separation and Termination

• Voluntary Resignation: The Employee shall provide the Employer with [Number] weeks' written notice of resignation.
• Involuntary Termination: The Employer may terminate the Employee's employment for cause, including but not limited to [Grounds for Termination, e.g., misconduct, poor performance].
• Immediate Dismissal: The Employer may terminate the Employee's employment immediately under conditions set forth in the Employee Handbook.
• Severance Pay:
  • Option A: Upon involuntary termination without cause, the Employee may be eligible for severance pay as determined by the Employer’s severance policy.
  • Option B: No severance pay will be provided.
• Final Paycheck: The Employee's final paycheck, including all accrued and unused PTO, will be provided in accordance with Ohio law and the Employer's policy.
• Return of Company Property: Upon termination of employment, the Employee shall return all company property in their possession.
• Progressive Discipline:
  • Option A: [Include a clause if progressive discipline procedures apply. Specify the process, e.g., written warnings, performance improvement plans.]
  • Option B: [Delete this section if not applicable.]
• Just Cause:
  • Option A: [Include a clause if termination requires "just cause". Define "just cause" in this context.]
  • Option B: [Delete this section if not applicable.]

9. Dispute Resolution

• Internal Grievance Procedures:
  • Option A: The Employer has internal grievance procedures that the Employee must follow before seeking other resolution methods.
  • Option B: [Delete this section if not applicable.]
• Method of Resolution:
  • Option A: Any disputes arising out of or relating to this Agreement shall be resolved through mandatory mediation in [City, Ohio].
  • Option B: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
  • Option C: Any disputes arising out of or relating to this Agreement shall be resolved in the state or federal courts located in [County, Ohio].
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio.
• Jurisdiction: The exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the state or federal courts located in [County, Ohio].

10. Compliance with Laws

• Federal and State Laws: The Employer and Employee shall comply with all applicable federal and Ohio state labor laws, including but not limited to the FLSA, ADA, Title VII, FMLA, OSHA, IRCA, Ohio's minimum wage law, equal pay laws, worker classification rules, and anti-retaliation protections.
• Workplace Health and Safety: The Employer shall comply with OSHA and specific Ohio statutes on occupational safety and workers’ compensation. The Employee is required to participate in Ohio’s state workers’ compensation program.
• Detailed Safety Policies:
  • Option A: [Include detailed safety policies here or reference the location of the policies.]
  • Option B: [Delete this section if not applicable.]

11. Equal Employment Opportunity, Anti-Discrimination, and Anti-Harassment

• The Employer is an equal opportunity employer and prohibits discrimination and harassment of any kind based on race, religion, color, sex, pregnancy, national origin, disability, age, military status, ancestry, or any other characteristic protected by federal, state, or local law.
• Grievance Procedures:
  • Option A: The Employer has established grievance procedures for reporting and resolving complaints of discrimination or harassment. Details are available in the Employee Handbook.
  • Option B: [Delete this section if not applicable.]
• Mandatory Reporting:
  • Option A: Employees are required to report any incidents of discrimination or harassment to [Designated Person/Department].
  • Option B: [Delete this section if not applicable.]

12. Personnel Files and Privacy

• Employee Rights to Review Records: The Employee has the right to review their personnel file in accordance with Ohio law.
• Employer’s Recordkeeping Responsibilities: The Employer shall maintain accurate and complete personnel records as required by Ohio law.
• Background Check Policy:
  • Option A: Employment is contingent upon the successful completion of a background check, with the Employee's consent.
  • Option B: [Delete this section if not applicable.]
• Drug Test Policy:
  • Option A: The Employee may be required to submit to drug testing in accordance with the Employer's drug testing policy, with the Employee's consent.
  • Option B: [Delete this section if not applicable.]
• Employee Handbook:
  • Option A: The Employee Handbook contains additional policies and procedures that govern the employment relationship. The Employee’s signature on this agreement also acknowledges receipt of the employee handbook.
  • Option B: [Delete this section if not applicable.]

13. Leave Policies

• Jury Duty Leave: The Employee is entitled to jury duty leave as required by Ohio law.
• Military Leave: The Employee is entitled to military leave as required by Ohio law.
• Voting Leave: The Employee is entitled to voting leave as required by Ohio law.

14. Miscellaneous

• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Integration/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.
• Amendments/Modifications: This Agreement may be amended or modified only by a written instrument signed by both parties.
• Assignment and Delegation: This Agreement may not be assigned or delegated by the Employee without the prior written consent of the Employer.
• Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed to the party at the address set forth above.
  • Employer: [Employer Contact Name], [Employer Contact Address].
  • Employee: [Employee Contact Name], [Employee Contact Address].
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

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

____________________________

[Employer Legal Name]

By: ____________________________

[Employer Representative Name]

Title: [Employer Representative Title]

____________________________

[Employee Legal Name]