South Dakota office assistant employment contract template

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How South Dakota office assistant employment contract Differ from Other States

  1. South Dakota recognizes employment as at-will by default, and the contract must explicitly state any exceptions to this doctrine.

  2. State law limits what can be included in non-compete agreements, requiring reasonableness in duration and geographic scope.

  3. The contract should address South Dakota-specific wage payment rules, including pay frequency and final paycheck deadlines.

Frequently Asked Questions (FAQ)

  • Q: Are non-compete clauses enforceable in South Dakota office assistant contracts?

    A: Yes, but they must be limited in time, geographic scope, and directly related to protecting legitimate business interests.

  • Q: Does South Dakota require written employment contracts?

    A: No, but a written contract is recommended to clearly outline job roles, expectations, and protect both parties.

  • Q: What are the notice requirements for termination of employment in South Dakota?

    A: South Dakota is an at-will employment state, so either party can terminate employment at any time without prior notice.

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South Dakota Office Assistant Employment Contract

This South Dakota Office Assistant Employment Contract (the “Agreement”) is made and effective as of [Date],

BETWEEN:

[Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] (“Employer”),

AND:

[Employee Legal Name], residing at [Employee Address] (“Employee”).

Employer desires to employ Employee, and Employee desires to accept such employment, on the terms and conditions set forth in this Agreement. This Agreement shall be governed by the laws of the State of South Dakota. Employment under this agreement will occur in South Dakota.

1. Position

Option A: The Employer hires Employee as a Full-Time Office Assistant.

Option B: The Employer hires Employee as a Part-Time Office Assistant.
Employee shall perform the following duties:
* Managing correspondence, including receiving, sorting, and distributing incoming mail and preparing outgoing mail.
* Scheduling appointments and managing calendars for [Supervisor Name] and other personnel as directed.
* Answering and directing phone calls, greeting visitors, and providing general information.
* Maintaining physical and electronic filing systems and records.
* Performing data entry and maintaining databases using [Specific Software, e.g., Microsoft Excel, Access].
* Assisting with the preparation of reports and presentations.
* Procuring and managing office supplies.
* Coordinating office communications and disseminating information to employees.
* Interfacing with customers and clients, as required.

2. Work Location and Travel

Option A: Employee’s primary work location shall be [Office Address] in South Dakota. Employee is expected to maintain an on-site presence.

Option B: Employee’s primary work location shall be [Office Address] in South Dakota. Occasional remote work may be permitted subject to Employer's remote work policy.

Option C: Employee may be required to travel between Employer sites and/or run errands off-premises.

* Reimbursement for travel expenses shall be governed by Employer’s expense reimbursement policy.

3. Reporting and Accountability

Employee shall report directly to [Supervisor Name], [Supervisor Title].

Employee is accountable to [Manager Name], [Manager Title] for time reporting and performance evaluations.

Employee may be required to provide cross-departmental support to [Department Names].

4. Employment Type and Work Schedule

Option A: This is a full-time position.
* The standard work schedule is [Start Time] to [End Time], [Number] hours per week, Monday through Friday.

Option B: This is a part-time position.
* The standard work schedule is [Start Time] to [End Time], [Number] hours per week, [Days of Week].

Employees are required to clock in and out using [Timekeeping System].

Option A: South Dakota law does not mandate meal or rest breaks. Employer provides a [Number]-minute unpaid lunch break and [Number] [Paid/Unpaid] minute rest breaks.

Option B: South Dakota law does not mandate meal or rest breaks. Employer does not provide any specific meal or rest breaks.
Overtime eligibility and calculation will be in accordance with the Fair Labor Standards Act (FLSA) and South Dakota law. Flexible scheduling may be available subject to Employer approval.

5. Compensation

Option A: The Employee’s base salary shall be [Dollar Amount] per year.

Option B: The Employee’s hourly rate shall be [Dollar Amount] per hour.
The Employee will be paid [Weekly/Biweekly/Monthly] via [Direct Deposit/Check].

Overtime pay will be calculated at 1.5 times the Employee’s regular rate for hours worked over 40 in a workweek, if non-exempt under the FLSA.

Option A: Employee is eligible for a performance-based bonus as outlined in the bonus plan document.

Option B: Employee is not eligible for any performance-based bonus.

6. Benefits

Option A: Employee is eligible for health, dental, and vision insurance, life insurance, and retirement savings plans, subject to the terms and conditions of the applicable plans.

Option B: Employee is not eligible for health, dental, and vision insurance, life insurance, and retirement savings plans.
Employee is eligible for [Number] days of paid time off (PTO) per year, accruing according to the Employer’s PTO policy. South Dakota recognized holidays will be observed as paid holidays. Other benefits may include family leave, paid/unpaid personal leave, bereavement or jury duty leave, child care assistance, and/or tuition or training reimbursement, subject to the Employer’s policies.

7. Workplace Conduct and Dress Code

Employees are expected to maintain a professional and respectful demeanor at all times. The dress code is [Business Casual/Formal/Other].

The Employer maintains a strict anti-harassment and anti-bullying policy. Workplace safety protocols must be followed at all times.

Employees have a duty to maintain the privacy and confidentiality of all client information, company records, and trade secrets. Email and file usage must comply with Employer’s policies and applicable data privacy laws, including HIPAA if applicable.

8. Intellectual Property

All documents, templates, processes, and materials created by Employee during their employment are the property of the Employer. This includes any adaptations of standard office forms and document templates.

9. Conflict of Interest

Employee must disclose any existing or potential conflicts of interest. Employee must obtain approval for any outside employment that may conflict with their duties for the Employer.

10. Performance Evaluation and Training

Employee’s performance will be evaluated [Frequency] by [Evaluator Name].

Performance expectations specific to the Office Assistant role will be communicated separately.

Option A: A probationary period of [Number] days will apply.

Option B: No probationary period will apply.

Employee may be required to participate in training and continuing education related to their job duties.

11. Non-Disclosure

Employee agrees not to disclose any confidential information regarding the Employer’s business, clients, or employees, including, but not limited to, [Specific Examples of Confidential Information]. This obligation extends both during and after employment, consistent with the South Dakota Uniform Trade Secrets Act.

12. Compliance with Laws

The Employer is an equal opportunity employer and complies with all applicable federal and South Dakota laws regarding employment, including Title VII, ADA, and the South Dakota Human Rights Act.

13. At-Will Employment and Termination

This is an at-will employment relationship, as recognized in South Dakota. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to the following:
Employee must provide [Number] weeks’ notice of resignation. The Employer may terminate employment for cause, including gross misconduct, performance failure, or business needs.
Upon termination, Employee will receive their final paycheck and any accrued, unused PTO in accordance with South Dakota law.
Employee must return all company property and remove access to business systems upon termination. An exit interview may be conducted.

14. Occupational Health and Safety

The Employer will provide a safe and healthy work environment in compliance with South Dakota OSHA standards.

This includes providing ergonomic workstation support, incident reporting procedures, and first aid/medical response processes.

15. Dispute Resolution

Any disputes arising under this Agreement shall be resolved in the state courts of South Dakota, in [County] County. The parties agree to attempt good faith negotiation and, if agreed, mediation or arbitration before resorting to litigation.

16. Workers’ Compensation

Employer maintains workers’ compensation insurance coverage as required by South Dakota law. Employees must follow established procedures for reporting workplace injuries.

17. Timekeeping and Recordkeeping

Employee is responsible for accurately recording their time worked. Employer shall maintain accurate wage and hour records for each employee as required by South Dakota law.

18. Telecommuting and Data Security

Option A: No telecommuting is permitted.

Option B: Telecommuting may be permitted under the Employer’s telecommuting policy.
Employer reserves the right to monitor communications and devices used for telecommuting. Employee must return all company equipment upon termination.

19. Compliance Inspections

Employee may be required to attend and represent the company in South Dakota state/legal compliance inspections, audits, or training events, if applicable.

20. Non-Compete

Option A: Employee agrees not to compete with Employer during the term of their employment and for a period of [Number] months following termination, within a radius of [Number] miles from the Employer’s primary business location. This restriction applies only to activities directly related to the Employer's core business and administrative support functions.

Option B: No non-compete agreement is required as a condition of this employment.

21. Reporting Violations

Employee is encouraged to report any suspected violations of company policy or applicable laws, without fear of retaliation.

22. Acknowledgment

Employee acknowledges that they have received, reviewed, and understand this Agreement and all referenced company policies.

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

____________________________
[Employer Representative Name], [Employer Representative Title]
Employer

____________________________
[Employee Legal Name]
Employee

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