Ohio graphic designer employment contract template
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How Ohio graphic designer employment contract Differ from Other States
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Ohio employment contracts are governed by specific state laws affecting at-will employment and termination procedures.
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Non-compete and non-solicitation clauses in Ohio must adhere to state standards for reasonableness in duration and geography.
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Ohio mandates final wage payment within a specific period after termination, which differs from some other states’ requirements.
Frequently Asked Questions (FAQ)
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Q: Is a written contract legally required for graphic designers in Ohio?
A: A written contract is not legally required, but having one helps clarify terms and protect both parties in case of disputes.
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Q: Are non-compete clauses enforceable in Ohio graphic designer contracts?
A: Yes, non-compete clauses are enforceable in Ohio if they are reasonable in scope, duration, and geographic area.
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Q: When must final wages be paid upon termination in Ohio?
A: In Ohio, all final wages must be paid by the next regular payday after termination, regardless of the reason.
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Ohio Graphic Designer Employment Contract
This Ohio Graphic Designer Employment Contract (the "Agreement") is made and entered into as of this [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").
1. Employment
- Option A: Employer hereby employs Employee as a full-time Graphic Designer.
- Option B: Employer will retain employee as an independent contractor
- Option C: This agreement is for part-time work.
2. Status and Work Location
- Option A: Employee's status is a full-time, W-2 employee of Employer, subject to all applicable federal and Ohio state laws and regulations.
- Option B: Employee's primary work location is the Employer's office located at [Ohio Office Address].
- Option C: Employee may work remotely from within the state of Ohio, subject to Employer's remote work policy, attached as Exhibit A. Remote work requires prior written approval from [Manager Title]. Employer will provide necessary design hardware and software, including Adobe Creative Suite, a color-calibrated monitor, and secure connection to the company network, complying with Ohio data privacy and security laws.
- Option D: Employee is expected to work on-site at client locations with reasonable travel time within Ohio as needed.
3. Job Title and Duties
- The Employee's job title is Graphic Designer.
- Employee's duties include, but are not limited to:
- Creating marketing and branding materials (digital and print).
- Logo and brand identity design.
- Digital and print collateral design.
- UI/UX graphics (if applicable).
- Layout and typography work.
- Photo retouching.
- Pre-press preparation according to Ohio print standards.
- Design file management and version control.
4. Technical Proficiencies
- Employee must be proficient in the following:
- Adobe Creative Cloud (Photoshop, Illustrator, InDesign, After Effects - if applicable).
- [List any other required software, e.g., CorelDRAW, Figma, Sketch]
5. Compliance
- Employee shall comply with all applicable laws, regulations, and standards, including accessible design standards (ADA Section 508) for Ohio public sector clients and copyright laws as they apply to source materials or image licensing in Ohio.
6. Communication and Project Management
- Employee will communicate with clients as needed.
- Employee will participate in team meetings and creative reviews.
- Employee will use [Project Management Software Name] for project management.
7. Employment Terms
- Employee's work schedule is [Number] hours per week.
- The standard workweek is Monday through Friday.
- The regular daily schedule is [Start Time] to [End Time].
- Overtime may be required and will be compensated in compliance with Ohio overtime pay rules (1.5x rate for hours over 40 per week).
- Employee is entitled to meal and rest breaks according to Ohio regulations.
- Option A: Employer may offer flexible scheduling or compensatory time at its discretion.
- Option B: Employee is not eligible for flexible scheduling or compensatory time.
8. Compensation
- Option A: Employee's annual base salary is [Dollar Amount].
- Option B: Employee's hourly wage is [Dollar Amount].
- Pay cycle: Bi-weekly.
- Method of payment: Direct deposit.
- Overtime will be calculated as required by Ohio law.
- Option A: Employee is eligible for discretionary bonuses based on performance or project success.
- Option B: Employee is not eligible for discretionary bonuses.
9. Benefits
- Health insurance: [Description of coverage, including carrier and plan details, conforming to Ohio minimum coverage statutes].
- Vision insurance: [Description of coverage].
- Dental insurance: [Description of coverage].
- Option A: Employee wellness program: [Description].
- Option B: No employee wellness program.
- 401(k) or retirement plan eligibility and vesting: [Description, compliant with Ohio and federal pension rules].
- Paid time off:
- Vacation: [Number] days per year.
- Sick leave: [Number] days per year.
- Personal days: [Number] days per year.
- Recognized Ohio public holidays.
- Leave for jury duty or voting in Ohio elections, as required by law.
- Option A: Employer will reimburse costs for industry memberships (AIGA, local Ohio design organizations), professional development training, and design conference participation, subject to prior approval and Employer's travel expense policies.
- Option B: Employee is responsible for the costs of industry memberships, professional development, and design conference participation.
10. Intellectual Property
- All artwork, source files, creative concepts, brand assets, and deliverables created during employment are works made for hire and solely owned by Employer, to the extent permitted by Ohio law.
11. Portfolio Use
- Upon termination of employment, Employee may request permission to use specific portfolio materials, subject to Employer's confidentiality and intellectual property policies. Employer will review such requests reasonably and in good faith.
12. Open Source and Stock Images
- Use of open-source fonts and stock images requires prior written approval from Employer to ensure Ohio copyright compliance and proper licensing.
13. Confidentiality
- Employee shall maintain the confidentiality of all client campaigns, internal strategies, unpublished design assets, trade secrets, and vendor agreements. This obligation survives the termination of employment, in accordance with the Ohio Uniform Trade Secrets Act.
14. Moral Rights
- To the extent permitted by U.S. and Ohio law, Employee waives any moral rights in the works created during employment.
- Option A: Employer will provide attribution where requested by major Ohio-based clients, subject to Employer's discretion.
15. Use of Equipment and Assets
- Employee's use of Employer's design equipment, assets, and intellectual property is exclusively for company projects. Personal freelancing or outside design work is prohibited without prior written consent.
16. Behavioral Standards
- Employee is expected to deliver projects on time, adhere to brand guidelines, collaborate with marketing/sales teams, participate in critique sessions, and comply with all Employer policies, including cybersecurity and file storage policies.
17. Anti-Harassment and Equal Opportunity
- Employer is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, age, disability, sexual orientation, or other protected class, in accordance with the federal and Ohio Civil Rights Acts and Ohio Revised Code 4112.
18. Termination
- Employee's employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to the following provisions.
- Option A: Employer may terminate employment immediately for gross misconduct or willful copyright infringement.
- Option B: Employer will provide [Number] weeks' notice of termination due to layoff or restructuring.
- Option C: Employee must provide [Number] weeks' notice of resignation.
- Severance pay, if any, will be determined in accordance with Employer's severance pay policy.
19. Final Compensation
- Upon termination, Employee will be paid all earned wages by the next regular payday, in accordance with Ohio law.
- PTO payout, if any, will be determined in accordance with Employer's PTO policy and Ohio law.
20. Non-Compete and Non-Solicitation
- Option A: During employment and for [Number] months following termination of employment, Employee shall not engage in any business activity that directly competes with Employer's business within [Specify Ohio-specific territory, e.g., Franklin County]. This restriction applies only to design activities substantially similar to those performed for Employer.
- Option B: This agreement does not contain a non-compete clause.
- During employment and for [Number] months following termination of employment, Employee shall not solicit Employer's clients or employees.
21. Dispute Resolution
- The parties agree to attempt to resolve any disputes through internal negotiation and mediation before resorting to litigation. Any litigation shall be governed by Ohio law and brought in the courts of [Specify County] County, Ohio.
22. Mandatory Notices
- Employee acknowledges receipt and understanding of mandatory Ohio notices regarding workers' compensation, unemployment, and workplace safety, as well as any OSHA or BWC (Bureau of Workers' Compensation) requirements specific to the design work setting.
23. Wage Transparency
- Employer complies with Ohio’s wage transparency laws if applicable. Salary range [Dollar Amount].
24. Review and Amendment
- This Agreement will be reviewed periodically and may be amended to reflect changes in company branding or digital strategy.
25. Entire Agreement
- This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral. No verbal promises or external communications are binding unless formally incorporated and signed as amendments.
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]
Signature: ____________________________
Date: [Date]