Pennsylvania employment contract template

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How Pennsylvania employment contract Differ from Other States

  1. Pennsylvania enforces at-will employment but recognizes more exceptions, including public policy and implied contract exceptions, compared to some states.

  2. Non-compete agreements in Pennsylvania are subject to strict scrutiny and must offer adequate consideration, more so than in several other states.

  3. Pennsylvania mandates specific wage payment provisions, such as the Wage Payment and Collection Law, which may differ from wage laws in other states.

Frequently Asked Questions (FAQ)

  • Q: Is it mandatory to have a written employment contract in Pennsylvania?

    A: No, written contracts are not mandatory, but having one helps clarify terms and protect both parties' interests.

  • Q: Are non-compete clauses enforceable in Pennsylvania?

    A: Yes, but only if they are reasonable in scope, duration, geography, and supported by adequate consideration.

  • Q: What laws govern wage payments in Pennsylvania employment contracts?

    A: The Pennsylvania Wage Payment and Collection Law sets requirements for payment of wages, benefits, and agreed compensation.

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Pennsylvania Employment Contract

This Pennsylvania Employment Contract (the "Agreement") is made and entered into as of [Date of Signing], by and between [Employer Legal Name], a [Business Structure, e.g., Pennsylvania Corporation], with its principal place of business at [Company Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address], with Social Security Number [Employee SSN or ID] ("Employee").

1. Employment

  • Position: Employee shall be employed in the position of [Job Title].
  • Responsibilities: Employee shall perform the following duties:
    • [List of Key Job Responsibilities]
  • Reporting: Employee shall report to [Supervisor's Name and Title].
  • Location: The primary location of employment will be [Primary Job Location(s)].
  • Remote Work:
    • Option A: Employee may work remotely [Number] days per week.
    • Option B: Remote work is not permitted.
  • Employment Type:
    • Option A: Full-time.
    • Option B: Part-time.
    • Option C: Temporary.
    • Option D: Seasonal.
    • Option E: Contract.
  • FLSA Status:
    • Option A: Exempt from overtime under the Fair Labor Standards Act (FLSA).
    • Option B: Non-exempt from overtime under the Fair Labor Standards Act (FLSA).

2. Term of Employment

  • Option A: Fixed-Term Employment
    • The term of employment shall commence on [Start Date] and shall terminate on [End Date].
    • Renewal: Renewal of this Agreement shall be subject to mutual agreement and a performance review to be conducted no later than [Date].
    • Performance Review Criteria: [Criteria for Performance Review]
  • Option B: At-Will Employment
    • Employee's employment with Employer is at-will. This means that either Employer or Employee may terminate the employment relationship at any time, with or without cause, and with or without notice. This at-will relationship can only be changed by a written agreement, signed by the [Title] of Employer.
    • Pennsylvania At-Will Clause: This at-will provision does not alter, amend, or affect any rights or obligations arising under any applicable law, including laws prohibiting wrongful discharge, discrimination, or violations of public policy.

3. Compensation and Benefits

  • Base Pay:
    • Option A: Employee shall be paid a salary of [Salary Amount] per year, payable [Pay Frequency, e.g., bi-weekly].
    • Option B: Employee shall be paid an hourly rate of [Hourly Rate] per hour, payable [Pay Frequency, e.g., bi-weekly].
  • Overtime: Employee shall be paid overtime at a rate of one and one-half (1.5) times their regular rate of pay for all hours worked in excess of forty (40) hours in a workweek, in accordance with Pennsylvania and federal law.
  • Bonuses/Commissions:
    • Option A: Employee may be eligible for bonuses based on [Bonus Criteria]. The amount and timing of any bonus is at the sole discretion of the Employer.
    • Option B: Employee may be eligible for commissions based on [Commission Structure].
  • Pay Date Schedule: Employee will be paid on [Day] of each [Pay Period, e.g., week, month].
  • Deductions: All legally required deductions (e.g., federal, state, and local taxes, Social Security, Medicare) will be withheld from Employee's pay.
  • Benefits: Employee shall be eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
    • Medical Insurance:
      • Option A: Employer will provide medical insurance.
      • Option B: Employer will not provide medical insurance.
    • Dental Insurance:
      • Option A: Employer will provide dental insurance.
      • Option B: Employer will not provide dental insurance.
    • Vision Insurance:
      • Option A: Employer will provide vision insurance.
      • Option B: Employer will not provide vision insurance.
    • Paid Sick Leave: Employee will accrue paid sick leave in accordance with [Policy Name or Details].
    • Vacation/PTO: Employee will accrue vacation/PTO in accordance with [Policy Name or Details].
    • Leave Policies: Employer offers leave policies in compliance with FMLA and other applicable laws. See employee handbook for details.
    • Disability Insurance:
      • Option A: Employer will provide short-term disability insurance.
      • Option B: Employer will provide long-term disability insurance.
      • Option C: Employer will not provide disability insurance.
    • Life Insurance:
      • Option A: Employer will provide basic life insurance.
      • Option B: Employer will not provide life insurance.
    • Retirement Contributions:
      • Option A: Employer will offer a 401(k) plan.
      • Option B: Employer will contribute to a pension plan.
      • Option C: Employer will not offer retirement contributions.
    • Eligibility for Unemployment and Workers' Compensation: Employee is eligible for unemployment and workers' compensation benefits as provided under Pennsylvania law.

4. Work Hours and Conduct

  • Work Hours: Employee's regular work hours shall be [Start Time] to [End Time], [Days of the Week].
  • Break Periods: Employee is entitled to breaks and meal periods as required by Pennsylvania law.
  • Overtime Procedures: All overtime work must be approved in advance by [Designated Approver].
  • Code of Conduct: Employee shall adhere to Employer's Code of Conduct, as outlined in the Employee Handbook, which addresses workplace content, harassment, drug-free policy, and discipline.
    • Option A: See attached Code of Conduct.
    • Option B: See Employee Handbook for full details.

5. Intellectual Property

  • Ownership of Work Product: All work product, inventions, and trade secrets created by Employee during the course of their employment shall be the sole and exclusive property of Employer.
  • Confidentiality: Employee agrees to hold all confidential information of Employer in strict confidence and not to disclose such information to any third party, either during or after employment.

6. Restrictive Covenants

  • Option A: Non-Compete Agreement
    • During the term of employment and for a period of [Number] months following termination of employment, Employee shall not, directly or indirectly, engage in any business that competes with the business of Employer within a [Geographic Area] radius of Employer's principal place of business.
    • Pennsylvania Law: Employee acknowledges that this non-compete agreement is supported by adequate consideration and is reasonable in scope, duration, and geographic limitation, as required by Pennsylvania law.
  • Option B: Non-Solicitation Agreement
    • During the term of employment and for a period of [Number] months following termination of employment, Employee shall not solicit any customers, clients, or employees of Employer.
  • Option C: Non-Disclosure Agreement
    • Employee shall not disclose any confidential information of Employer at any time, either during or after employment.
  • Option D: No Restrictive Covenants

7. Separation

  • Voluntary Resignation: Employee shall provide Employer with [Number] weeks' written notice of resignation.
  • Termination:
    • Option A: Termination With Cause. Employer may terminate Employee's employment for cause, including but not limited to [List of Examples of Cause].
    • Option B: Termination Without Cause. Employer may terminate Employee's employment at any time, without cause, subject to applicable laws.
  • Final Pay: Employee's final paycheck, including all accrued and unused vacation time, shall be paid in accordance with Pennsylvania law.
  • Severance:
    • Option A: Upon termination without cause, Employee shall receive severance pay equal to [Severance Pay Details].
    • Option B: No severance pay will be provided.
  • Post-Termination Obligations: Upon termination of employment, Employee shall return all Employer property, including but not limited to computers, cell phones, and confidential documents.

8. Dispute Resolution

  • Option A: Mediation
    • Any dispute arising out of or relating to this Agreement shall be resolved through mediation in [City, Pennsylvania] before resorting to litigation.
  • Option B: Arbitration
    • Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in [City, Pennsylvania] in accordance with the rules of the American Arbitration Association.
  • Option C: Litigation
    • Any dispute arising out of or relating to this Agreement shall be resolved in the courts of [County], Pennsylvania. The parties consent to the jurisdiction of such courts.

9. Compliance with 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 protected characteristic under Pennsylvania and federal law, including the Pennsylvania Human Relations Act and Title VII of the Civil Rights Act of 1964.
  • Anti-Harassment Policy: Employer maintains a strict anti-harassment policy. Any employee who believes they have been subjected to harassment should report it to [Designated Contact Person].

10. Workplace Health and Safety

Employer is committed to providing a safe and healthy workplace in accordance with OSHA and Pennsylvania-specific regulations.

Workers' Compensation: Employer provides workers' compensation insurance as required by Pennsylvania law. Employees must report any work-related injuries to [Designated Contact Person].

11. Other Policies

  • Employee Data Privacy: Employer will handle employee data in accordance with applicable privacy laws and its internal privacy policy.
  • Use of Company Property: Employee's use of company property, including vehicles, phones, and computers, is subject to Employer's policies.
  • Expense Reimbursement: Employee shall be reimbursed for reasonable business expenses incurred in connection with their employment, in accordance with Employer's expense reimbursement policy.
  • Mandatory Training: Employee may be required to complete mandatory training programs as directed by Employer.
  • Background Check: Employment is contingent upon successful completion of a background check. Employee authorizes Employer to conduct such a background check.
  • Employee Handbook:
    • Option A: Employee acknowledges receipt of the Employee Handbook.
    • Option B: No Employee Handbook exists.

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

____________________________
[Employer Representative Name], [Employer Representative Title]
[Employer Legal Name]

____________________________
[Employee Full Legal Name]

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