South Dakota accountant employment contract template

South Dakota Accountant Employment Contract

This South Dakota Accountant Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).

1. Position

• Accountant, specializing in:
  • Option A: Financial Accounting
  • Option B: Cost Accounting
  • Option C: Managerial Accounting
  • Option D: Government Accounting
  • Option E: Nonprofit Accounting
• Industry/Sector: [Specify South Dakota Business Industry/Sector]

2. Duties and Responsibilities

• Maintaining general and subsidiary ledgers.
• Preparing financial statements.
• Handling payroll and benefits accounting in line with South Dakota withholding laws.
• Managing accounts payable and receivable.
• Tax preparation and filings compliant with federal, South Dakota state, and applicable local tax codes.
• Conducting internal audits.
• Facilitating external audits (including responding to state-mandated audit requirements).
• Reconciling bank accounts.
• Ensuring GAAP or other required standard compliance.
• Evaluating internal controls.
• Assisting with budget preparation.
• Supporting business license tax remittance.
• Preparing reports required by South Dakota authorities.

3. Qualifications

• Required:
  • Option A: CPA Certification
  • Option B: Relevant Professional Certification (Specify: [Certification Name])
• South Dakota-specific Licensing Disclosures: [Disclosures, if any]
• Minimum Education: [Specify Education Level, e.g., Bachelor's Degree] in Accounting or related field.
• Minimum Experience: [Number] years of relevant experience.
• Continuing Education Requirements: As required by the South Dakota Board of Accountancy.

4. Work Location

• Primary Location: [Specific Address in South Dakota]
• Option A: Remote work may be permitted, subject to Employer policy.
• Option B: Hybrid work schedule may be available.
• Reimbursement of work-related travel within South Dakota: As per Employer's expense reimbursement policy.
• Physical/Virtual records will be maintained in accordance with South Dakota record-retention laws.

5. Employment Status and Work Hours

• Full-time employment.
• Weekly Work Hours: [Number] hours per week.
• Overtime Eligibility: [Exempt/Non-Exempt] under the Fair Labor Standards Act (FLSA) and South Dakota law. Overtime will be compensated according to applicable law.
• Meal/Rest Periods: Per federal FLSA standards and Employer policy.
• Option A: Flexible schedule may be available, subject to Employer approval.
• Option B: Compressed work schedule may be available, subject to Employer approval.

6. Compensation

• Annual Salary: [Dollar Amount] or Hourly Wage: [Dollar Amount].
• Pay Frequency: [Weekly/Bi-weekly/Semi-monthly/Monthly].
• Method of Payment: [Direct Deposit/Check].
• Overtime Compensation: Paid at a rate of 1.5 times the regular rate of pay for hours worked over 40 in a workweek for non-exempt employees.
• Option A: Bonuses for successful audits, business process efficiencies, or accurate/timely tax filings.
• Option B: Fiscal year-end incentives calculated based on [Formula or Criteria].

7. Employee Benefits

• Health insurance.
• Dental insurance.
• Vision insurance.
• Retirement plan: [Specify Plan, e.g., 401(k)].
• Option A: Eligibility for South Dakota public employer retirement systems, if applicable.
• Paid vacation: [Number] days per year.
• Sick leave: [Number] days per year.
• Holiday policy: Referencing South Dakota official state holidays and office-observed holidays.
• Option A: Paid professional dues or CPE coursework as required for ongoing licensure.
• Option B: Transportation or parking reimbursement for work in major South Dakota cities.
• Option C: Wellness or Employee Assistance Program (EAP).

8. Confidentiality

• Employee shall protect company financial and business information, including client/customer records, payroll data, tax IDs, and proprietary accounting methodologies.
• Employee shall comply with South Dakota privacy and security laws and federal IRS data handling requirements.
• Employee shall maintain client confidentiality in accordance with industry ethical standards.

9. Intellectual Property

• All accounting workpapers, spreadsheets, reports, models, and proprietary analysis created during employment are the sole and exclusive property of the Employer.
• Employee is prohibited from unauthorized copying or external use of sensitive materials.

10. Outside Activities

• Option A: Employee shall not engage in any external employment, bookkeeping, or consulting without prior written consent from the Employer.
• Option B: Employee is restricted from representing South Dakota businesses or conflicting interests under the South Dakota Board of Accountancy Code of Professional Conduct.

11. Professional Conduct

• Employee shall adhere to a high standard of professional conduct, code of ethics (referencing AICPA and South Dakota Board of Accountancy standards).
• Employee shall maintain financial accuracy and avoid fraud.
• Employee shall cooperate with state and federal authorities in case of audits or investigations.
• Employee shall promptly disclose any errors.
• Employee shall participate in ongoing compliance training.
• Employee shall document and report any suspected fraud or embezzlement.

12. Financial Records

• Use, security, and retention of financial records shall be in accordance with the South Dakota Uniform Electronic Transactions Act and mandated business records retention periods.

13. Reporting Relationship

• Employee will report to [Name and Title].
• Employee shall collaborate with other finance or compliance staff, statutory outside auditors, and South Dakota Department of Revenue or Labor agents as needed.

14. Performance Reviews and Professional Development

• Annual performance reviews will be conducted.
• Professional development plans will be discussed and implemented.
• Employee shall participate in company-sponsored South Dakota-specific accounting/legal briefings or ethics updates.

15. Termination

• Employment is at-will, as recognized under South Dakota law.
• Permissible termination grounds: Voluntary resignation, termination for cause, reduction-in-force.
• Required notice period: [Number] days' notice for resignation.
• Final pay will be provided according to South Dakota law.
• Employee shall return all company property upon termination.
• Digital access and records will be handled post-termination as per Employer policy.

16. Restrictive Covenants

• Option A: Non-compete agreement: During the term of employment and for a period of [Number] months following termination, Employee shall not engage in any business that is competitive with Employer within [Geographic Area, e.g., South Dakota or Specific Counties].
• Option B: Non-solicitation agreement: During the term of employment and for a period of [Number] months following termination, Employee shall not solicit any clients, customers, or employees of the Employer.
• Non-disclosure agreement: Employee shall not disclose any confidential information of the Employer at any time.

17. Background Checks and Verification

• Employee acknowledges and consents to background checks and professional license verification.
• Employee agrees to participate in any state or federal E-Verify or other employment eligibility programs as used by the Employer.

18. Dispute Resolution

• Good-faith negotiation.
• Mediation.
• Option A: Binding arbitration.
• Governing Law: South Dakota law.
• Jurisdiction: Courts in [County Name], South Dakota.

19. Equal Employment Opportunity and Anti-Harassment

• Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex, national origin, age, disability, marital status, or any other protected category under federal and South Dakota law.
• Employer will provide reasonable workplace accommodations as required by law.

20. Statutory Compliance

• Employer shall comply with workers’ compensation, unemployment insurance, and South Dakota Department of Labor and Regulation notice-posting requirements.
• Employer shall comply with South Dakota Workplace Safety and Health protections.

21. Other Clauses

• Assignment: This Agreement may not be assigned by the Employee.
• Amendment: This Agreement may be amended only in writing signed by both parties.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• 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.
• 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.

22. Trust Accounts/Escrow (If Applicable)

• If the Accountant will oversee or access trust accounts or escrow, they shall adhere to the special account handling protocols per South Dakota trust/escrow regulations.

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

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Signature: ____________________________