South Carolina employment contract template

South Carolina Employment Contract

This Employment Contract (the "Agreement") is made and effective as of [Effective Date], by and between:

[Employer Legal Entity Name], a company organized and existing under the laws of South Carolina, with its principal place of business at [Employer Address] ("Employer"), and

[Employee Full Legal Name], residing at [Employee Address] ("Employee"). Employee's Social Security Number is [Employee SSN - If Needed for Onboarding].

1. Employment

• Position Title: [Position Title]
• Job Description/Duties: [Detailed Job Description/Duties]
• Reporting Structure: Employee will report to [Supervisor/Manager Title and Name]
• Primary Work Location:
  • Option A: [Worksite Address]
  • Option B: Remote Work, as agreed upon in writing.
• Type of Employment:
  • Option A: Full-Time
  • Option B: Part-Time
  • Option C: Temporary
  • Option D: Seasonal
  • Option E: Contract
  • Option F: Intern
• FLSA Exemption Status:
  • Option A: Exempt
  • Option B: Non-Exempt

2. Working Hours and Schedule

• Expected Working Hours: [Daily/Weekly Hours]
• Schedule: [Shifts, Specific Days and Times, etc.]
• Overtime:
  • Option A: Overtime will be compensated as required by applicable law.
  • Option B: Overtime must be pre-approved by [Supervisor/Manager Title].
• Attendance and Punctuality: Attendance and punctuality are essential functions of this position.
• Remote Work Guidelines: [Detailed Guidelines for Remote Work, if applicable]

3. Term of Employment

• Option A: Definite Term
  • Start Date: [Start Date]
  • End Date: [End Date]
  • Renewal: This Agreement may be renewed upon mutual written agreement of the parties.
  • Performance Evaluation: Employee's performance will be evaluated [Frequency of Evaluation] based on [Performance Criteria].
• Option B: Indefinite Term (At-Will)
  • At-Will Employment: The employment relationship between Employer and Employee is at-will. This means that either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable federal and South Carolina law.

4. Compensation

• Base Rate:
  • Option A: Salary: [Salary Amount] per [Pay Period Frequency]
  • Option B: Hourly Wage: [Hourly Wage Amount]
  • Option C: Commission: [Commission Structure]
• Pay Frequency: [Weekly, Biweekly, Semimonthly, Monthly]
• Overtime Pay: For non-exempt employees, overtime will be paid at a rate of 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 law.
• Bonuses/Incentive Pay:
  • Option A: Employee is eligible for bonuses/incentive pay according to the terms of the Employer's bonus plan, as may be amended from time to time.
  • Option B: Employee is not eligible for bonuses or incentive pay.
• Signing Bonus: [Signing Bonus Amount, if applicable], subject to [Repayment Terms, if applicable]
• Relocation Bonus: [Relocation Bonus Amount, if applicable], subject to [Repayment Terms, if applicable]

5. Employee Benefits

• Health Insurance:
  • Option A: Employee is eligible for health insurance coverage, subject to the terms and conditions of the Employer's health insurance plan.
  • Option B: Employee is not eligible for health insurance coverage.
• Dental Insurance:
  • Option A: Employee is eligible for dental insurance coverage, subject to the terms and conditions of the Employer's dental insurance plan.
  • Option B: Employee is not eligible for dental insurance coverage.
• Vision Insurance:
  • Option A: Employee is eligible for vision insurance coverage, subject to the terms and conditions of the Employer's vision insurance plan.
  • Option B: Employee is not eligible for vision insurance coverage.
• Disability Insurance:
  • Option A: Employee is eligible for short-term and long-term disability insurance coverage, subject to the terms and conditions of the Employer's disability insurance plan.
  • Option B: Employee is not eligible for disability insurance coverage.
• Retirement/401(k) Plan:
  • Option A: Employee is eligible to participate in the Employer's 401(k) plan, subject to the terms and conditions of the plan.
  • Option B: Employee is not eligible to participate in the Employer's 401(k) plan.
• Paid Time Off (PTO):
  • Option A: Employee will accrue PTO at a rate of [PTO Accrual Rate] per [Pay Period], subject to the Employer's PTO policy.
  • Option B: Vacation: [Number] days per year.
  • Option C: Sick Leave: [Number] days per year.
  • Option D: Personal Days: [Number] days per year.
• Holidays: Employee will be entitled to [Number] paid holidays per year. [List of Holidays]
• Family and Medical Leave (FMLA): Employee is eligible for FMLA leave in accordance with applicable law.
• Other Benefits: [List any other fringe benefits]

6. Employee Conduct and Policy

• Compliance with Handbook/Policies: Employee agrees to comply with all policies and procedures outlined in the Employer's employee handbook, as may be amended from time to time.
• Workplace Rules: Employee agrees to abide by all workplace rules and regulations established by the Employer.
• Dress Code: [Describe Dress Code Requirements]
• Use of Company Property: Employee shall use company property, including computers and vehicles, solely for business purposes.
• Anti-Discrimination and Anti-Harassment: The Employer prohibits discrimination and harassment of any kind. Employee agrees to comply with the Employer's anti-discrimination and anti-harassment policies.
• Standards of Performance: Employee agrees to perform his/her duties to the best of his/her ability and in accordance with the standards established by the Employer.
• Professional Codes of Conduct: [If applicable, list any professional codes of conduct required of the employee]

7. Background Check and Drug Testing

• Option A: This offer of employment is contingent upon successful completion of a background check and/or drug test.
• Option B: Employee may be subject to periodic background checks and/or drug tests during the term of employment.

8. Confidentiality

• Definition of Confidential Information: Confidential Information includes, but is not limited to, trade secrets, customer lists, financial information, business plans, and any other information that is not generally known to the public.
• Duration of Confidentiality: The confidentiality obligations under this Agreement shall continue [For a specified period or indefinitely] after the termination of employment.
• Exceptions: The confidentiality obligations under this Agreement shall not apply to information that: (a) is or becomes publicly known through no fault of the Employee; (b) is rightfully received by the Employee from a third party without any obligation of confidentiality; or (c) is required to be disclosed by law or court order.
• Handling of Sensitive Data: Employee shall handle all sensitive company data, client data, and trade secrets with the utmost care and in accordance with the Employer's policies and procedures.

9. Intellectual Property

• Ownership and Assignment: All inventions, work product, and creative output generated by Employee during the course of employment, whether during normal work hours or otherwise, and whether using Employer's equipment or otherwise, shall be the sole and exclusive property of the Employer.
• Patent and Copyright Assignment: Employee hereby assigns to Employer all right, title, and interest in and to any patents or copyrights relating to such inventions, work product, and creative output.
• Waiver of Moral Rights: To the extent permitted by applicable law, Employee waives any moral rights he/she may have in such inventions, work product, and creative output.

10. Non-Solicitation, Non-Competition, and Non-Disparagement

• Option A: Non-Solicitation and Non-Competition (Choose one or both and tailor to be reasonable under South Carolina Law)
  • Non-Solicitation: During the term of employment and for a period of [Number] months/years following termination, Employee shall not solicit any of Employer's customers or employees.
  • Non-Competition: During the term of employment and for a period of [Number] months/years following termination, Employee shall not engage in any business that competes with the Employer within a [Geographic Area]. The parties agree that this restriction is reasonable in terms of time, geographic area, and scope of activity, in light of Employer's legitimate business interests.
• Option B: Non-Disparagement
  • Employee agrees not to make any disparaging statements about the Employer, its officers, directors, employees, or products/services.
• Option C: No Restriction
  • Employee is not subject to any non-solicitation, non-competition, or non-disparagement obligations under this Agreement.

11. Termination

• Termination for Cause: Employer may terminate Employee's employment immediately for cause, including but not limited to gross misconduct, breach of this Agreement, or violation of Employer's policies.
• Termination Without Cause: Employer may terminate Employee's employment without cause at any time, subject to applicable law.
• Resignation: Employee may resign from employment by providing Employer with [Number] days' written notice.
• Severance:
  • Option A: Employee is eligible for severance pay in the event of termination without cause, as determined by the Employer's severance policy.
  • Option B: Employee is not eligible for severance pay.
• Final Wage Payment: Employee will receive a final wage payment in accordance with applicable law.
• Continuation/Cessation of Benefits: Employee's benefits will continue or cease in accordance with the terms of the applicable benefit plans and applicable law.
• Return of Company Property: Employee shall return all company property upon termination of employment.
• Exit Interview: Employee shall participate in an exit interview upon termination of employment.

12. Post-Employment Obligations

• Confidentiality: The confidentiality obligations outlined in Section 8 shall continue to apply after termination of employment.
• Cooperation: Employee agrees to cooperate with the Employer in any litigation or investigation relating to matters within Employee's knowledge during his/her employment.

13. Dispute Resolution

• Internal Grievance Procedure: Any disputes arising under this Agreement shall first be addressed through the Employer's internal grievance procedure.
• Mediation:
  • Option A: The parties agree to attempt to resolve any disputes arising under this Agreement through mediation.
  • Option B: Mediation is not required.
• Arbitration:
  • Option A: Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the rules of [AAA or JAMS]. The arbitration shall take place in [City, State].
  • Option B: Arbitration is not required.
• Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina. Any legal action relating to this Agreement shall be brought in the state or federal courts located in [County, South Carolina].
• Waiver of Jury Trial: To the extent permitted by applicable law, the parties waive their right to a jury trial in any legal action relating to this Agreement.
• Right to Legal Counsel: Employee acknowledges that he/she has the right to seek legal counsel before signing this Agreement.

14. Labor Law Notifications

• Compliance: Employer complies with all applicable federal and South Carolina labor laws, including wage and hour laws, equal employment opportunity laws, unemployment compensation laws, and workers' compensation laws.
• Required Postings: Employer maintains all required labor law postings in a conspicuous location.

15. Health and Safety

• Compliance: Employee agrees to comply with all workplace safety procedures and regulations.
• Training: Employee will receive necessary health and safety training as required by applicable law and Employer policy.

16. Other

• Relocation: [Details of Relocation Terms, if applicable]
• Travel and Expense Reimbursement: Employee will be reimbursed for reasonable business expenses in accordance with the Employer's travel and expense reimbursement policy.
• Probationary Period:
  • Option A: Employee will be subject to a probationary period of [Number] months. During the probationary period, the Employer may terminate Employee's employment with [Number] days' notice.
  • Option B: There is no probationary period.
• Stock Options/Equity: [Details of Stock Options/Equity Grants, if applicable]
• Notice: All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, or sent by email to the addresses listed above.

17. Boilerplate Clauses

• 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: This Agreement may be amended only by a written instrument signed by both parties.
• Assignment: This Agreement may not be assigned or delegated by either party without the written consent of the other party.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
• Counterparts: 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.
• Electronic Signatures: This Agreement may be executed by electronic signature, which shall be deemed to be as effective as an original signature.

Employee acknowledges that he/she has read and understands this Agreement and has had the opportunity to seek legal counsel before signing it.

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

____________________________

[Employer Legal Entity Name]

By: [Name and Title]

____________________________

[Employee Full Legal Name]