Oklahoma employment contract template

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How Oklahoma employment contract Differ from Other States

  1. Oklahoma is an at-will employment state, meaning employment can be terminated by either party at any time without cause, except where contracts state otherwise.

  2. Non-compete agreements are unenforceable in Oklahoma, but non-solicitation and confidentiality clauses are generally permitted in employment contracts.

  3. Oklahoma law requires explicit written consent for wage deductions, which is not always mandated in other U.S. states.

Frequently Asked Questions (FAQ)

  • Q: Is an employment contract required by law in Oklahoma?

    A: No, Oklahoma does not require a written employment contract for most jobs, but it can clarify terms and protect both parties.

  • Q: Are non-compete clauses enforceable in Oklahoma employment contracts?

    A: No, non-compete clauses are not enforceable in Oklahoma. However, non-solicitation and confidentiality provisions usually are.

  • Q: How can either party terminate an employment contract in Oklahoma?

    A: Oklahoma follows at-will employment, allowing either party to terminate the relationship at any time unless a contract specifies otherwise.

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Oklahoma Employment Contract

This Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Entity Name], a [State] [Entity Type] with its principal place of business at [Employer Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”). Employer’s Employer Identification Number (EIN) is [EIN]. Employee's Social Security Number or Employee ID is [Employee SSN or ID].

1. Job Title, Duties, and Responsibilities

  • Job Title: [Job Title]
  • Department: [Department]
  • Supervisor: [Supervisor Name]
  • Duties and Responsibilities:
    • Option A: A detailed description of the Employee's primary job duties and responsibilities is attached hereto as Exhibit A and incorporated herein by reference.
    • Option B: The Employee will perform the following duties and responsibilities: [List of Duties and Responsibilities].
    • Option C: Other duties as assigned by the Employer.

2. Employment Status

  • Full-time
  • Part-time
  • Temporary
  • Seasonal
  • Contract Worker
  • Exempt (from the Fair Labor Standards Act and Oklahoma labor law)
  • Non-Exempt (subject to the Fair Labor Standards Act and Oklahoma labor law)

3. Work Location

  • Primary Workplace: [Workplace Address]
  • Remote Work Arrangement:
    • Option A: This position is fully remote.
    • Option B: This position is hybrid, requiring the Employee to work at the primary workplace [Number] days per week.
    • Option C: This position requires travel to other locations as needed.

4. Contract Term

  • Fixed-Term:
    • Start Date: [Start Date]
    • End Date: [End Date]
    • Renewal/Extension Criteria: [Renewal/Extension Criteria]
    • Evaluation Criteria: [Evaluation Criteria]
  • At-Will Employment:
    • The Employee's employment with the Employer is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice. This at-will employment relationship may only be altered by a written agreement signed by the Employer's [Designated Position/Title].
    • This at-will relationship does not alter or waive any rights or obligations that cannot be waived under Oklahoma or federal law. Examples include (but are not limited to) prohibitions on termination due to discrimination based on legally protected characteristics, retaliation for reporting illegal activity, or violations of public policy.

5. Compensation and Benefits

  • Wage:
    • Option A: Hourly Rate: [Hourly Rate] per hour.
    • Option B: Weekly Salary: [Weekly Salary] per week.
    • Option C: Monthly Salary: [Monthly Salary] per month.
    • Option D: Annual Salary: [Annual Salary] per year.
  • Payment Frequency and Method: [Payment Frequency, e.g., Bi-weekly], paid by [Payment Method, e.g., Direct Deposit].
  • Overtime Eligibility:
    • Option A: Employee is not eligible for overtime pay.
    • Option B: Employee is eligible for overtime pay at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over 40 in a workweek, as required by the Fair Labor Standards Act and Oklahoma labor law.
  • Commissions: [Commission Structure, if applicable, or "Not Applicable"].
  • Bonuses: [Bonus Structure, if applicable, or "Not Applicable"].
  • Incentive Arrangements: [Incentive Structure, if applicable, or "Not Applicable"].
  • Wage Adjustments: [Wage Adjustment Criteria, if applicable, or "None"].
  • Benefits:
    • Health Insurance: [Health Insurance Details or "Not Applicable"]
    • Dental Insurance: [Dental Insurance Details or "Not Applicable"]
    • Vision Insurance: [Vision Insurance Details or "Not Applicable"]
    • Retirement/Pension Plan: [Retirement/Pension Plan Details or "Not Applicable"]
    • Sick Leave: [Sick Leave Details and Accrual Rates, complying with Oklahoma law, or "Not Applicable"]
    • Paid Time Off (PTO): [PTO Details and Accrual Rates, or "Not Applicable"]
    • Vacation: [Vacation Details and Accrual Rates, or "Not Applicable"]
    • Parental/Family Leave: [Parental/Family Leave Details, complying with FMLA and Oklahoma laws, or "Not Applicable"]
    • Disability Insurance: [Disability Insurance Details or "Not Applicable"]
    • Life Insurance: [Life Insurance Details or "Not Applicable"]
    • Flexible Benefits: [Flexible Benefits Details or "Not Applicable"]
    • Eligibility Details: [Eligibility Requirements for Benefits, if any]

6. Employee Conduct

  • Regular Working Hours: [Regular Working Hours, e.g., 9:00 AM to 5:00 PM, Monday through Friday]
  • Break and Meal Periods: Employee will be provided with break and meal periods in accordance with Oklahoma law. [Specific Break/Meal Period Schedules, if applicable].
  • Overtime Procedures: [Procedures for Approving and Recording Overtime Hours]
  • Timekeeping: [Timekeeping Procedures and Requirements]
  • Attendance: [Attendance Policy Details]
  • Dress Code: [Dress Code Policy Details]
  • Drug and Alcohol Policy: [Drug and Alcohol Policy Details, complying with Oklahoma law]
  • Workplace Behavior Expectations: [Expectations for Professional Conduct and Workplace Behavior]
  • Option A: Additional Conduct Clauses: [Insert Additional Conduct Clauses Here]

7. Performance Expectations

  • Probationary Period:
    • Option A: Employee will serve a probationary period of [Number] days.
    • Option B: There is no probationary period.
  • Performance Evaluation: Employee's performance will be evaluated [Frequency, e.g., annually] by [Evaluator Title].
  • Feedback Procedures: [Description of Feedback Mechanisms and Processes]

8. Confidentiality

  • Employee acknowledges that during the course of employment, Employee will have access to confidential and proprietary information of Employer, including but not limited to trade secrets, customer lists, financial data, and business strategies.
  • Employee agrees to maintain the confidentiality of such information during and after employment.
  • Option A: Term of Confidentiality: This obligation shall continue [Duration, e.g., indefinitely, or for a period of 5 years] after termination of employment.
  • Option B: Scope of Protection: This obligation extends to all information that is not publicly available and that Employer treats as confidential.

9. Intellectual Property Ownership

  • All intellectual property created by Employee during the course of employment, including but not limited to inventions, discoveries, and works of authorship, shall be the sole and exclusive property of Employer.
  • Option A: Inventions: Employee agrees to assign all rights, title, and interest in any inventions to Employer.
  • Option B: Patents: Employee agrees to assist Employer in obtaining patent protection for inventions.
  • Option C: Copyrights: All works of authorship created by Employee shall be considered "works made for hire" under copyright law.
  • Option D: Trademarks: Employer shall own all trademarks associated with the Employee's work.
  • Option E: Moral Rights: To the extent permitted by law, Employee waives all moral rights in any intellectual property created for Employer.

10. Restrictive Covenants (Note: Oklahoma law strictly limits enforceability. Consider consulting with counsel)

  • Option A: Non-Competition:
    • During the term of employment and for a period of [Number] months following termination, Employee shall not, directly or indirectly, engage in any business that is competitive with Employer's business within [Geographic Area] and related to [Specific Activities].
    • Enforceability: This non-compete clause is intended to protect Employer's legitimate business interests, including trade secrets and customer relationships. The parties agree that the restrictions are reasonable in scope, time, and geographic area. Oklahoma law regarding non-compete agreements is subject to strict interpretation, and this clause may not be enforceable in all circumstances.
  • Option B: Non-Solicitation:
    • During the term of employment and for a period of [Number] months following termination, Employee shall not solicit, induce, or attempt to solicit or induce any employee, customer, or client of Employer to terminate their relationship with Employer.
  • Option C: Non-Disparagement:
    • Employee agrees not to make any disparaging statements about Employer, its officers, directors, employees, or products or services, at any time during or after employment.

11. Termination

  • Voluntary Resignation: Employee may resign at any time by providing Employer with [Number] days written notice.
  • Termination by Employer:
    • Option A: Employer may terminate Employee's employment at any time, with or without cause.
    • Option B: Employer may terminate Employee's employment for cause, which includes but is not limited to: [List of Causes].
  • Notice Requirements: [State the Length of Required Notice, if any, for termination by either party, and any exceptions to notice requirements].
  • Severance Pay:
    • Option A: Employee is not entitled to severance pay.
    • Option B: Employee will be entitled to severance pay as follows: [Severance Pay Details].
  • Unused PTO Payout: Unused accrued PTO will be paid out in accordance with Oklahoma law.
  • Final Paycheck: Employee's final paycheck will be provided in accordance with Oklahoma law.
  • Property and Data Return: Upon termination, Employee shall immediately return all Employer property and data.
  • Option A: Reference Agreement: Upon request, Employer will provide a truthful and accurate reference for Employee.
  • Option B: Release Agreement: Employee may be required to sign a release agreement as a condition of receiving severance pay.

12. Dispute Resolution

  • Option A: Negotiation: The parties agree to first attempt to resolve any disputes arising out of or relating to this Agreement through good-faith negotiation.
  • Option B: Mediation: If negotiation is unsuccessful, the parties agree to submit the dispute to mediation in [City, Oklahoma].
  • Option C: Arbitration: Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [City, Oklahoma].
  • Option D: Litigation: Any legal action relating to this Agreement shall be brought in the state or federal courts located in [County, Oklahoma].
  • Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma.

13. Compliance with Anti-Discrimination Laws

  • Equal Employment Opportunity: Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other characteristic protected by federal, state, or local law.
  • Prohibition of Harassment: Employer prohibits harassment of any kind, including sexual harassment, in the workplace.
  • Accommodation Policy: Employer will provide reasonable accommodations to qualified individuals with disabilities.
  • Option A: Detailed Anti-Discrimination Policy: [Attach detailed anti-discrimination policy as an exhibit].

14. Workers’ Compensation and Health and Safety

  • Workers’ Compensation: Employer provides workers’ compensation insurance as required by Oklahoma law.
  • Reporting Obligations: Employee is required to report any work-related injuries or illnesses to Employer immediately.
  • Compliance with OSHA Standards: Employer complies with all applicable Oklahoma Occupational Safety and Health Administration (OSHA) standards and regulations.
  • Option A: Detailed Health and Safety Policy: [Attach detailed health and safety policy as an exhibit].

15. Miscellaneous

  • Acknowledgment of Receipt: Employee acknowledges receipt of this Agreement.
  • Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
  • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Amendments and Modifications: This Agreement may be amended or modified only by a written agreement signed by both parties.
  • Assignment: This Agreement may not be assigned by Employee without the prior written consent of Employer.
  • Successorship: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
  • 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.
  • Notice Requirements: All notices under this Agreement shall be in writing and delivered by [Method of Delivery, e.g., certified mail, email] to the addresses set forth above.
  • Background Checks: [Details about background checks, if applicable]
  • Eligibility to Work: [Details about I-9 verification requirements]
  • Mandatory Training/Licensing: [Details about required training or licensing]
  • Company Property Use: [Details about acceptable use of company property]
  • Monitoring and Privacy: [Details about monitoring of Employee activities]
  • State-Specific Legal Disclosures: [Any other relevant Oklahoma-specific legal disclosures]

Document Execution:

  • This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
  • IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Employer Legal Entity Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Signature: ____________________________

Date: ____________________________

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