South Dakota employment contract template

South Dakota Employment Contract

This Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Legal Name], a [Business Entity Type, e.g., South Dakota Corporation], with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address], and with Social Security Number/Tax ID of [Employee SSN/TIN] ("Employee").

1. Position and Responsibilities

Position: [Job Title]

Responsibilities: The Employee shall perform the following duties and responsibilities:

• [List of Job Duties and Responsibilities]

Principal Work Location: [City, State]

• Option A: Employee will primarily work at [Specific Address].
• Option B: Employee may be required to work at other locations as needed.
• Option C: Remote work is permitted under the terms of the Company's remote work policy.

Type of Employment:

• Option A: Full-Time
• Option B: Part-Time
• Option C: Temporary
• Option D: Seasonal

Exempt/Non-Exempt Status:

• Option A: Exempt
• Option B: Non-Exempt

Probationary Period:

• Option A: The Employee shall be subject to a [Number] day probationary period.
• Option B: There is no probationary period.

2. Term of Employment

• Option A: Fixed Term
  • Commencement Date: [Start Date]
  • End Date: [End Date]
  • Renewal Policy: [Renewal Policy Description]
  • Evaluation Criteria: [Evaluation Criteria Description]
• Option B: At-Will Employment
  • Employment with 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, subject to applicable law. This at-will relationship should not be construed as a contract for any specific term.
  • South Dakota is an at-will employment state. This employment relationship is not terminable for unlawful reasons, such as discrimination based on protected characteristics, retaliation for whistleblowing, or other violations of state or federal law.

3. Compensation

• Base Compensation:
  • Option A: Salary: [Dollar Amount] per year, payable [Payroll Frequency, e.g., bi-weekly].
  • Option B: Hourly Wage: [Dollar Amount] per hour.
  • Option C: Commission: [Commission Structure Description].
  • Option D: Bonus: [Bonus Structure Description].
  • Option E: Variable Compensation: [Variable Compensation Description].
• Payroll Frequency: [Payroll Frequency, e.g., Bi-Weekly]
• 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 hourly rate for all hours worked in excess of forty (40) hours in a workweek, as required by South Dakota law.
• Method of Payment:
  • Option A: Direct Deposit
  • Option B: Check
• Benefits:
  • Option A: Health Insurance: [Health Insurance Details]. (Included/Omitted)
  • Option B: Dental Insurance: [Dental Insurance Details]. (Included/Omitted)
  • Option C: Vision Insurance: [Vision Insurance Details]. (Included/Omitted)
  • Option D: Retirement Plan: [Retirement Plan Details, e.g., 401(k) with match]. (Included/Omitted)
  • Option E: Employee Stock Options: [Stock Option Details]. (Included/Omitted)
  • Option F: Paid Time Off (PTO): [PTO Accrual Details]. (Included/Omitted)
  • Option G: Family Leave: [Family Leave Details]. (Included/Omitted)
  • Option H: Sick Leave: [Sick Leave Accrual Details]. (Included/Omitted)
  • Option I: Unpaid Leaves of Absence: [Unpaid Leave Details]. (Included/Omitted)
  • Option J: Holiday Pay: [Holiday Pay Details]. (Included/Omitted)
  • Option K: Disability Insurance: [Disability Insurance Details]. (Included/Omitted)
  • Option L: Life Insurance: [Life Insurance Details]. (Included/Omitted)

4. Employee Conduct and Work Schedule

Regular Work Schedule: [Days of the week], [Start Time] to [End Time].

Attendance Policy: [Attendance Policy Description].

Overtime Procedures: [Overtime Procedure Description].

Dress Code: [Dress Code Description].

Code of Ethics/Conduct: Employee is expected to adhere to the Employer's Code of Ethics/Conduct, as it may be amended from time to time.

• Option A: See attached document.
• Option B: Located in Employee Handbook.

Workplace Behavior: Employee is expected to maintain a professional and respectful demeanor in the workplace.

Standards of Performance: [Detailed Performance Standard Description]. (Included/Omitted)

Disciplinary Policy: [Detailed Disciplinary Policy Description]. (Included/Omitted)

5. Intellectual Property and Confidentiality

Protection of Trade Secrets: Employee acknowledges that during the course of their employment, they will have access to confidential information and trade secrets of the Employer. Employee agrees to hold such information in strict confidence and not to disclose it to any third party.

Intellectual Property Assignment: All inventions, written works, or other creations arising from the Employee's employment with the Employer shall be the sole and exclusive property of the Employer.

• Option A: Non-Disclosure Agreement (NDA): Employee agrees to execute a separate Non-Disclosure Agreement.
• Option B: Detailed IP Ownership Terms: [Detailed IP Ownership Terms Description].

6. Non-Compete and Non-Solicitation

• Option A: Non-Compete Clause:
  • 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 is competitive with the business of the Employer within a [Geographic Scope, e.g., 50-mile radius of Sioux Falls, SD]. This restriction applies to the following activities: [List of Restricted Activities].
  • Note: *South Dakota law imposes specific requirements for the enforceability of non-compete agreements, including reasonableness of scope, duration, and activity restriction. This clause should be reviewed and modified by legal counsel to ensure compliance.*
• Option B: Non-Solicitation Clause:
  • During the term of employment and for a period of [Number] months following termination of employment, Employee shall not solicit any customers or employees of the Employer.
• Option C: Non-Disparagement:
  • Employee agrees not to disparage the Employer, its officers, directors, or employees, either during or after the term of employment.

7. Termination

Voluntary Resignation: Employee may resign from employment by providing [Number] days written notice to the Employer.

Involuntary Dismissal: Employer may terminate employment at any time, subject to applicable law.

Final Wage Payment: Upon termination, Employee will receive all earned and unpaid wages in accordance with South Dakota law.

Return of Property: Upon termination, Employee shall return all Employer property, including but not limited to computers, cell phones, documents, and data.

Severance Pay:

• Option A: Employee is entitled to severance pay as defined in a separate agreement.
• Option B: Employee is not entitled to any severance pay.

Separation Procedures: [Detailed Separation Procedures Description]. (Included/Omitted)

8. Dispute Resolution

• Option A: Grievance Procedures: [Detailed Grievance Procedures Description].
• Option B: Mediation: Any dispute arising out of or relating to this Agreement shall be submitted to mediation in [City, State].
• 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. This option is VOLUNTARY.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota.

Venue: Any legal action arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction in [County], South Dakota.

9. Health and Safety

Safe Workplace: Employer shall maintain a safe workplace in accordance with Occupational Safety and Health Administration (OSHA) requirements and South Dakota law.

Workers' Compensation: Employer provides workers' compensation insurance for all qualifying employees as required by South Dakota law.

Expanded Safety Details: [Expanded Safety Details Description]. (Included/Omitted)

10. Anti-Discrimination and Harassment Policy

Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by federal, state, or local law. Employer prohibits harassment of any kind.

Detailed Equal Opportunity Language: [Detailed EEO Language]. (Included/Omitted)

11. Mandatory Reporting/Compliance

• Option A: E-Verify: Employer participates in E-Verify.
• Option B: Background Checks: Employment is contingent upon a satisfactory background check.
• Option C: Drug Testing: Employment is contingent upon passing a drug test.

12. General Provisions

Integration Clause: 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.

Amendment: This Agreement may be amended only by a written instrument 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.

Assignment: This Agreement may not be assigned by either party without the written consent of the other party.

Notice: All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

13. Acknowledgment

The parties acknowledge that they have read and understand this Agreement and agree to be bound by its terms.

Employee Handbook: Employee acknowledges receipt of the Employee Handbook, which is incorporated herein by reference. The Employee Handbook is not a contract, implied or express, guaranteeing employment for any specific duration. Employer reserves the right to change, amend, or terminate any policies or benefits described in the handbook at any time, with or without notice, as permitted by law.

• Option A: Employee acknowledges receiving the employee handbook and agrees to be bound by its terms, as amended from time to time.
• Option B: Employee acknowledges the handbook is for informational purposes only and does not create a contractual relationship.

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

____________________________

[Employer Legal Name]

By: ____________________________

[Employer Representative Name]

Title: [Employer Representative Title]

____________________________

[Employee Legal Name]