South Dakota IT assistant employment contract template

South Dakota IT Assistant Employment Contract

This Full-Time IT Assistant Employment Agreement ("Agreement") is made and entered into as of [Date], by and between [Employer Legal Name], a [State] [Entity Type], with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

1. Position

• The Employer hereby hires the Employee as an IT Assistant.
• Option A: The Employee's responsibilities include, but are not limited to:
  • Providing user technical support (hardware and software troubleshooting).
  • Installation/setup and preventative maintenance of computers, peripherals, printers, network equipment, and mobile devices.
  • Administration of basic network tasks (user account setup, password resets, access permissions, cable management).
  • Incident response and service ticket resolution per Employer's help desk protocol.
  • Deployment and update of approved enterprise software.
  • Compliance with internal IT and cybersecurity policies.
  • Hardware/software inventory tracking.
  • End-user documentation and training.
  • Basic data backup/restoration tasks.
  • Escalating unresolved issues to senior IT staff.
• Option B: [Alternative Job Description]

2. Qualifications

• The Employee must possess the following technical skills and/or certifications:
  • CompTIA A+ Certification or equivalent knowledge.
  • Microsoft MTA or equivalent knowledge.
  • Google IT Support Certificate or equivalent knowledge.
  • [Other Relevant Certification]
• Option A: Any required occupational licensing or registration is the responsibility of the Employee.
• Option B: The Employer will reimburse the Employee for the cost of obtaining required licensing or registration after [Number] months of satisfactory employment.

3. Supervision and Location

• The Employee will report directly to [Supervisor Name], whose title is [Supervisor Title].
• Option A: The Employee's primary work location is [Employer Address].
• Option B: The Employee may be required to perform on-site support at various locations within [Number] miles of [Employer Address].
• Rules for on-site vs. remote/field support: [Detailed Rules, including availability and response times].

4. Employment Status and Work Hours

• The Employee's employment status is full-time.
• Option A: The standard work hours are [Start Time] to [End Time], Monday through Friday.
• Option B: The Employee's work schedule may vary based on IT emergencies or maintenance windows.
• Overtime eligibility: The Employee is [Exempt/Non-Exempt] from overtime pay under the Fair Labor Standards Act (FLSA) and South Dakota state law.
• Compensable hours and overtime calculation: Overtime will be paid at 1.5 times the base rate for all hours worked over 40 in a workweek, in accordance with South Dakota law.
• Meal and rest periods: [Specify meal and rest period policies, complying with South Dakota law].

5. Compensation

• Option A: The Employee's base wage is [Dollar Amount] per hour.
• Option B: The Employee's annual salary is [Dollar Amount].
• Payment frequency: The Employee will be paid [Bi-weekly/Monthly].
• Method of payment: [Direct Deposit/Check].
• Overtime calculation: Overtime will be paid at 1.5 times the base rate for all hours worked over 40 in a workweek.
• On-call pay: [Specify on-call pay policy, if applicable].
• Bonuses: [Specify any bonuses for certifications or exemplary problem resolution].
• Travel/mileage reimbursement: The Employee will be reimbursed for travel expenses at the rate of [Dollar Amount] per mile for off-site support, in accordance with IRS and South Dakota Department of Labor guidance.
• Relocation/sign-on bonus: [Specify any relocation or sign-on bonus].

6. Benefits

• Health insurance: [Specify health insurance coverage, cost-sharing details, and plan options].
• Dental insurance: [Specify dental insurance coverage and cost-sharing details].
• Vision insurance: [Specify vision insurance coverage and cost-sharing details].
• Retirement plan: [Specify 401(k), SEP-IRA, or other retirement plan details, including employer contributions].
• Paid vacation: The Employee will accrue vacation time according to the following schedule: [Specify accrual schedule].
• Sick leave: [Specify sick leave policy, complying with South Dakota law].
• Paid holidays: The Employee will receive paid time off for the following holidays recognized in South Dakota: [List of holidays].
• Professional development: The Employer will reimburse the Employee for the cost of IT training or certifications directly related to the Employee's job duties, subject to pre-approval and a minimum service requirement of [Number] months.
• Technology equipment allowance: [Specify any technology equipment allowance].

7. Compliance with South Dakota Law

• The Employer will comply with all applicable South Dakota labor laws, including those related to minimum wage, right-to-work status (SDCL 60-3-9), unemployment insurance, and workers' compensation.

8. Confidentiality and Data Privacy

• The Employee agrees to maintain the confidentiality of all business and customer data, IT system configurations, and other sensitive digital assets.
• Unauthorized disclosure of such information is strictly prohibited and may result in termination of employment.
• The Employee shall comply with all applicable privacy laws, including HIPAA/FERPA/GLBA/PCI-DSS, as relevant to the Employer's industry sector.

9. Intellectual Property

• All work products generated by the Employee during the course of employment, including documentation, custom scripts, log files, standard operating procedures, and configuration files, shall be the sole property of the Employer ("work for hire").
• Use of open-source software/components must be approved in writing by the Employer.

10. Employee Conduct

• The Employee will provide daily/weekly status updates to their supervisor.
• The Employee will adhere to all internal security protocols, including password policies, restricted access controls, and phishing training.
• The Employee will immediately report any security incidents or suspected breaches.
• The Employee is prohibited from installing unauthorized software, transferring external data, or using personal devices for work purposes unless covered by a BYOD policy.

11. Non-Competition and Non-Solicitation

• Option A: During the term of employment and for a period of [Number] months following termination, the Employee will not, directly or indirectly, work for a direct IT competitor of the Employer within a [Number] mile radius of [Employer Address].
• Option B: During the term of employment and for a period of [Number] months following termination, the Employee will not solicit the Employer's clients or employees.

12. Termination

• The Employee's employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, for any lawful reason, with or without notice.
• Option A: The Employee is required to provide [Number] days' notice prior to termination.
• Option B: Upon termination, the Employee must promptly return all company devices, access passes, credentials, software, and proprietary documents.
• The Employee's final paycheck, including any accrued PTO or benefits, will be calculated and paid in accordance with South Dakota law.

13. Workplace Policies

• The Employee agrees to comply with all Employer workplace policies, including those related to anti-discrimination, anti-harassment, and equal opportunity.
• The Employer is committed to equal opportunity employment practices without regard to race, color, religion, sex, national origin, age, disability, marital status, veteran status, or any other basis protected under federal and South Dakota law.

14. Safety

• The Employee will comply with all applicable OSHA safety standards for workspaces.
• The Employee is responsible for reporting and addressing IT-specific safety issues, such as electrical hazards and repetitive stress injuries.
• The Employer will provide ergonomic support as appropriate for the Employee's office IT environment.

15. Governing Law and Dispute Resolution

• This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota.
• Any dispute arising out of or relating to this Agreement shall be resolved first through internal grievance procedures, then through mediation or arbitration, as preferred alternatives to court litigation.

16. Accommodation of Disabilities

• The Employer will comply with the Americans with Disabilities Act (ADA) and relevant South Dakota statutes to provide reasonable accommodations to qualified individuals with disabilities.

17. IT Security and Privacy Awareness Training

• The Employer will provide ongoing IT security and privacy awareness training tailored to the specific risks identified in the Employee's daily work.

18. Limitation of Liability and Indemnification

• The Employee shall be responsible for any liability caused by intentional or negligent conduct causing data loss, damage, or security breaches, subject to the legal limits under South Dakota Law.

19. Entire Agreement and Amendment

• 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.
• This Agreement may be amended only by a written instrument signed by both parties.
• Electronic signatures shall be valid and binding in accordance with South Dakota e-contract law.

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

____________________________
[Employer Representative Name]

[Employer Representative Title]

____________________________
[Employee Legal Name]