South Carolina IT assistant employment contract template
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How South Carolina IT assistant employment contract Differ from Other States
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South Carolina is an at-will employment state, making it easier for employers or employees to terminate the contract without cause compared to some other states.
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Employers must comply with unique state-specific wage payment laws, including strict timing requirements for delivering final paychecks.
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Non-compete agreements are more challenging to enforce in South Carolina than in many other states, requiring detailed and reasonable terms.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for IT assistants in South Carolina?
A: No, but having a written contract ensures clarity and legal protection for both employer and employee.
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Q: Are non-compete clauses enforceable for IT assistant positions in South Carolina?
A: They are enforceable only if they are reasonable in scope, time, and geographic area, and protect legitimate business interests.
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Q: What are the minimum wage requirements for IT assistants in South Carolina?
A: South Carolina follows the federal minimum wage rate, as it does not have a state-specific minimum wage law.
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South Carolina Full-Time IT Assistant Employment Agreement
This South Carolina Full-Time IT Assistant Employment Agreement (the "Agreement") is made and entered into as of [Date] by and between:
- [Business Entity Name], a [State] [Entity Type] with a registered address at [Registered South Carolina Address] ("Employer"), and whose HR contact is [HR Contact Name], reachable at [HR Contact Email] and [HR Contact Phone].
- [Employee Name], residing at [Employee Address] ("Employee").
1. Job Title and Responsibilities:
- The Employee is hired as an IT Assistant.
- The Employee's core duties include, but are not limited to:
- Desktop support for hardware and software issues.
- Hardware and software installation and configuration.
- Routine system maintenance and updates.
- Network and user account setup and management.
- Ticket management using the company's ticketing system.
- Troubleshooting technical problems for employees.
- Implementing cybersecurity best practices.
- Inventory tracking of IT assets.
- Assisting with server room operations.
- Supporting company-specific applications.
- Coordinating with external vendors for repairs or procurement.
- Managing access control systems.
2. Work Location:
- Option A: The primary work location is the Employer's offices located in South Carolina at [Office Address].
- Option B: The Employee may be required to provide on-site support at various company branches or client locations within South Carolina. The Employer will provide reasonable notice for such visits.
- Option C: The Employee will be working remotely from [Employee Address].
- The Employee must adhere to the Company's remote work policy and maintain a secure and professional work environment.
3. Reporting Structure:
- The Employee will report directly to [Supervisor Name], [Supervisor Title].
- Escalation channels for unresolved issues are as follows: 1) Supervisor, 2) [Next Level Manager Name], 3) [IT Director/Manager Name].
- The primary communication platforms will be: the company's ticketing system ([Ticketing System Name]), helpdesk software ([Helpdesk Software Name]), and IT documentation tools ([Documentation Tool Name]).
4. Work Schedule:
- Option A: The Employee's work schedule is full-time, consisting of [Number] hours per week, from [Start Time] to [End Time], Monday through Friday.
- Option B: The Employee's work schedule will consist of fixed shift hours from [Start Time] to [End Time], [Days of the Week].
- The Employee is entitled to a [Duration] minute lunch break and [Number] rest periods of [Duration] each.
- Option C: The Employee may be required to provide on-call or after-hours support as needed, with advance notice whenever possible.
5. Compensation:
- Option A: The Employee's annual salary is [Salary Amount], payable [Bi-weekly/Semi-monthly].
- Option B: The Employee's hourly rate is [Hourly Rate].
- Overtime will be calculated and paid at time-and-a-half for all hours worked over 40 in a workweek, in accordance with the South Carolina Minimum Wage Act and the FLSA.
- Payment will be made via direct deposit to the Employee's bank account at [Bank Name], account number [Account Number].
- Deductions from the Employee's wages will only be made as required or permitted by South Carolina law.
6. Benefits:
- Eligibility for benefits is subject to the Employer's policies and applicable waiting periods.
- The Employee is eligible for the following benefits:
- Group medical insurance with [Insurance Carrier Name], Policy ID [Policy ID].
- Eligibility begins after [Number] days of employment.
- Group dental insurance with [Insurance Carrier Name], Policy ID [Policy ID].
- Eligibility begins after [Number] days of employment.
- Group vision insurance with [Insurance Carrier Name], Policy ID [Policy ID].
- Eligibility begins after [Number] days of employment.
- 401(k) retirement plan.
- Eligibility and matching contributions are detailed in the 401(k) plan document.
- Annual leave/paid time off: [Number] days per year.
- Sick days: [Number] days per year.
- [Number] paid holidays as recognized by the company and South Carolina law.
- Option A: Tuition/Technical Certification reimbursement up to [Amount] per year for courses relevant to the Employee's job duties.
- Option B: A monthly stipend of [Amount] for telecommunications/internet expenses if the Employee is working remotely.
- Uniform/clothing/ID badge will be provided and must be worn as directed when on-site.
- Group medical insurance with [Insurance Carrier Name], Policy ID [Policy ID].
7. Company Property:
- The Employee will be issued the following company property: laptop, phone, access card, diagnostic equipment, cables, software licenses (collectively, the "Equipment").
- The Employee is responsible for maintaining the Equipment in good working order, subject to reasonable wear and tear.
- The Employee must immediately report any lost, stolen, or damaged Equipment to their supervisor.
- The Equipment must be returned to the Employer upon termination of employment.
8. Cybersecurity Policies:
- The Employee must comply with all of the Employer's cybersecurity policies, including but not limited to:
- Reporting any suspected cybersecurity incidents, including ransomware or data breaches.
- Encrypting all company devices.
- Using strong passwords and multi-factor authentication.
- Accessing only the systems and data required to perform their job duties.
9. Intellectual Property:
- All support scripts, manuals, system documentation, and internal process improvements created by the Employee during employment are the exclusive property of the Employer.
- The Employee is prohibited from making unauthorized copies, using for personal gain, or sharing any company-confidential IT knowledge.
10. Confidentiality and Data Privacy:
- The Employee must maintain the confidentiality of all business, employee, and client data, including passwords.
- This includes oral, written, electronic, and physical data.
- The Employee must comply with the South Carolina Computer Crime Act and Personal Information Privacy Protection Act.
- This confidentiality obligation survives the termination of employment.
11. Outside Employment:
- Outside employment, including freelance tech support or IT consulting, must not create a conflict of interest with the Employer's business.
- Written approval from the Employer is required for any outside employment that is tangentially related to the Employer's business.
12. Open-Source Software:
- The Employee must obtain manager pre-approval before implementing or modifying any open-source tools within company systems.
13. Behavioral Expectations:
- The Employee is expected to maintain prompt ticket response times.
- The Employee must communicate professionally with all users, including non-technical users.
- If required, the Employee must adhere to physical appearance standards when entering client environments.
- The Employee must commit to regular training in IT best practices.
- The Employee must participate in company-wide security drills.
14. Non-Solicitation:
- During and after employment, the Employee is prohibited from soliciting the Employer's employees, clients, or proprietary processes.
15. Non-Compete (Optional - Review enforceability in SC):
- Option A: The Employee agrees not to engage in any competitive business activity within [Number] miles of the Employer's location for a period of [Number] months following termination of employment.
- Option B: The Employee agrees not to solicit or accept business from any of the Employer's clients for a period of [Number] months following termination of employment.
- This non-compete agreement is narrowly tailored and limited to the extent necessary to protect the Employer's legitimate business interests, and is enforceable under South Carolina law.
16. At-Will Employment:
- The Employee's employment is at-will, as recognized by South Carolina statutes.
- The Employer may terminate the Employee's employment at any time, with or without cause or notice, subject to applicable laws.
- The Employee may resign from employment at any time, provided that they give the Employer [Number] days' written notice.
- Upon termination or resignation, the Employee must return all credentials and have remote system access removed.
- Severance terms, if any, will be determined by the Employer in its sole discretion and in accordance with company policy.
17. Grievance and Dispute Resolution:
- This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.
- Any disputes arising under this Agreement shall first be addressed through internal resolution processes.
- If internal resolution is unsuccessful, the parties agree to attempt mediation or arbitration before initiating any litigation, in accordance with South Carolina codes on workplace arbitration.
18. Anti-Discrimination and Anti-Harassment:
- The Employer is committed to providing a workplace free from discrimination and harassment, in accordance with the South Carolina Human Affairs Law.
- Discrimination and harassment based on race, gender, age, disability, religion, national origin, or any other protected characteristic are strictly prohibited.
- Employees who believe they have been subjected to discrimination or harassment should report the incident to [Designated Contact Person/Department].
- The Employer provides equal opportunity and reasonable accommodation for employees with disabilities.
19. Workers' Compensation and Occupational Safety:
- The Employee is covered by the Employer's workers' compensation insurance, in accordance with the South Carolina Workers' Compensation Act.
- The Employer will comply with all applicable OSHA standards to provide a safe and healthy work environment.
- The Employee must immediately report any workplace injuries or illnesses to their supervisor.
- The Employer will provide ergonomic and screen-use guidelines to minimize the risk of injury.
20. Required Notices and Postings:
- The Employer will post all required notices and postings, including South Carolina's right-to-work status, E-Verify affirmation (if applicable), and employee rights under the South Carolina Payment of Wages Act.
21. Background and Reference Checks:
- The Employee consents to background and reference checks as permitted by law, including criminal record checks and credit checks (if required for roles involving sensitive networks or financial data).
- The Employee must maintain a valid driver's license and a satisfactory driving record if site visits are required.
- The Employee must provide proof of all technical certifications claimed during the application process.
22. Data Protection and Privacy:
- The Employee must comply with the Employer's data protection and privacy policies, as well as all applicable South Carolina laws.
- The Employee acknowledges that they may have access to HR, financial, or client systems and must handle this data with the utmost confidentiality.
- The Employee acknowledges that there is no expectation of privacy when using company hardware or networks.
23. Flexibility and Amendment:
- Changes to the Employee's role, hours, duties, or location will be documented in writing and subject to mutual agreement.
- This Agreement may be amended only by a written instrument signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Business Entity Name]
By: [Authorized Representative Name]
Title: [Authorized Representative Title]
____________________________
[Employee Name]