South Dakota technical support engineer employment contract template

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How South Dakota technical support engineer employment contract Differ from Other States

  1. South Dakota is an employment-at-will state, allowing employers or employees to terminate employment at any time without cause.

  2. State law does not require paid sick leave, so contracts in South Dakota often address sick time provisions separately.

  3. South Dakota has no state income tax, which impacts payroll deductions and may affect net compensation details in contracts.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract mandatory for technical support engineers in South Dakota?

    A: No, written contracts are not required by law, but they are highly recommended to outline terms and reduce disputes.

  • Q: Does South Dakota law require specific non-compete provisions in technical support engineer contracts?

    A: Non-compete clauses are allowed but strictly interpreted and must be reasonable in scope, duration, and geographic area.

  • Q: Are employers in South Dakota required to provide severance pay in these contracts?

    A: Severance pay is not mandated by South Dakota state law and is only provided if specified in the employment contract.

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South Dakota Technical Support Engineer Employment Contract

This South Dakota Technical Support Engineer Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Employer 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. Employment

  • The Employer hereby employs the Employee as a Technical Support Engineer, and the Employee hereby accepts such employment, upon the terms and conditions hereinafter set forth.
  • The Employee's employment is at-will, as permitted under South Dakota law, and either party may terminate the employment relationship at any time, with or without cause, subject to the notice requirements specified below.

2. Job Duties

  • The Employee's duties shall include, but not be limited to:
    • Troubleshooting software and hardware issues on [Operating System, e.g., Windows, Linux] and [Hardware Type, e.g., desktops, servers].
    • Providing remote and onsite technical support to end-users.
    • Documenting technical incidents and resolutions in the [Ticketing System, e.g., Jira Service Management, Zendesk].
    • Following established escalation procedures.
    • Installing and configuring IT systems including [Specific Systems/Software].
    • Providing application and network support for [Specific Applications/Network Infrastructure].
    • Participating in on-call rotations.
    • Adhering to service level agreements (SLAs).
    • Communicating with customers according to established protocols.
    • Logging tickets and maintaining accurate records of support requests.
    • Managing and maintaining [Specific Technical Tool].

3. Technical Environment

  • The Employee will be working in a technical environment that includes:
    • Operating Systems: Windows, Linux [Other OS].
    • Cloud Services: [Cloud Platform, e.g., AWS, Azure, GCP].
    • Telephony System: [Telephony System, e.g., Cisco, Avaya].
    • CRM: [CRM System, e.g., Salesforce, Dynamics 365].
    • Ticketing System: [Ticketing System, e.g., Jira Service Management, Zendesk].
    • Employee may be required to work with vendor products such as [Vendor Product].
    • Experience with compliance-driven systems or regulatory recordkeeping may be required.

4. Training and Development

  • The Employee is required to participate in:
    • Security awareness training.
    • Hardware or software certification programs related to [Specific Certification].
    • Ongoing professional development aligned with industry requirements.

5. Reporting and Communication

  • The Employee will report directly to [Supervisor Title].
  • Escalation path: [Escalation Path].
  • The Employee will contribute to the company's knowledge base and participate in peer training.
  • The Employee is expected to respond to customer inquiries within [Response Time].
  • All documentation must meet the company's quality standards.

6. Work Location and Telecommuting

  • The primary work location is [Employer Address, City, SD].
  • Option A: Telecommuting is not permitted.
  • Option B: Telecommuting may be permitted on [Days of the Week] subject to management approval and adherence to company policies.
  • Remote technical support protocols must be followed.
  • The Employer will provide company equipment including [Equipment List].
  • The Employee is [Permitted/Not Permitted] to use personal devices (BYOD) subject to company policy and South Dakota data security and privacy obligations.

7. Employment Classification

  • Option A: The Employee is classified as a full-time exempt employee.
  • Option B: The Employee is classified as a full-time non-exempt employee.

8. Work Hours

  • The Employee's regular work hours are [Number] hours per week.
  • The maximum weekly work hours are [Number] hours.
  • The Employee's schedule is [Schedule Details], including [Shift Work/After-Hours/On-Call Coverage Details].
  • Option A: Overtime will be compensated at a rate of one and one-half times the Employee's regular rate of pay for all hours worked over 40 in a workweek, in accordance with federal and South Dakota law.
  • Option B: No overtime will be paid, as the Employee is an exempt employee.
  • Rest and meal breaks will be provided in accordance with South Dakota law.
  • Option A: The Employee is required to clock in/out using [Time Tracking System].
  • Option B: The Employee is not required to clock in/out.

9. Compensation

  • Option A: The Employee's base salary is [Dollar Amount] per year, payable [Pay Frequency, e.g., bi-weekly, monthly].
  • Option B: The Employee's hourly wage is [Dollar Amount] per hour, payable [Pay Frequency, e.g., bi-weekly, monthly].
  • Option A: The Employee is eligible for bonuses or incentives based on [Bonus/Incentive Metrics, e.g., customer satisfaction, ticket resolution rates].
  • Option B: The Employee is not eligible for bonuses or incentives.
  • Overtime pay, if applicable, will be calculated in accordance with federal and South Dakota minimum wage law.
  • Pay method: [Pay Method, e.g., direct deposit, check].

10. Benefits

  • The Employee is eligible for the following benefits:
    • Employer-sponsored health insurance.
    • Employer-sponsored dental insurance.
    • Employer-sponsored vision insurance.
    • Retirement plan: [401k or State-Specific Option].
    • Paid time off: [Number] days per year.
    • Sick leave: [Number] days per year.
    • Holidays: [List of Holidays or Reference to Company Calendar].
    • Technology stipend: [Dollar Amount] per month.
    • Mobile device reimbursement: [Reimbursement Policy].
    • Tuition or certification assistance: [Assistance Policy].
    • Other leaves of absence as mandated by South Dakota law or provided by the Employer.

11. Intellectual Property

  • All inventions, documentation, procedures, process improvements, scripts, or workflow automations created by the Employee in the course of employment are the sole property of the Employer.
  • The Employee agrees to assign all rights to such intellectual property to the Employer, in accordance with South Dakota law.
  • The Employee agrees to disclose any pre-existing inventions relevant to the job duties.

12. Confidentiality and Data Protection

  • The Employee shall maintain the confidentiality of all customer, user, and business information, including [Specific Compliance Requirements, e.g., HIPAA, GLBA].
  • The Employee shall adhere to all information security policies and procedures, including password management, access controls, and incident reporting.
  • Confidentiality obligations survive the termination of this Agreement.

13. Conflict of Interest

  • The Employee shall not engage in any outside technical work, consulting, or employment with direct competitors without the Employer's prior written consent.
  • Option A: The Employee agrees to a non-compete agreement that restricts the Employee from working for a competitor for [Number] months within [Geographic Area] after termination of employment. This restriction applies only to activities directly competitive or involving confidential information.
  • Option B: No non-compete agreement is required.

14. Trade Secrets and Non-Solicitation

  • The Employee acknowledges that certain information constitutes trade secrets under South Dakota law and agrees to protect such information.
  • The Employee agrees not to solicit the Employer's clients or employees for [Number] months after termination of employment, consistent with reasonable limits under South Dakota law.

15. Behavioral Standards

  • The Employee shall adhere to all company IT, customer service, and security protocols.
  • The Employee shall conduct themselves professionally towards customers and coworkers.
  • The Employee acknowledges that their calls and tickets may be monitored.
  • The Employee shall comply with the Employer's disciplinary processes.

16. Termination of Employment

  • The Employee may resign at any time by providing [Number] days written notice to the Employer.
  • The Employer may terminate the Employee's employment at any time, with or without cause, subject to applicable law.
  • In the event of termination, the final paycheck will be issued in accordance with South Dakota statute (SDCL 60-11-10).
  • Accrued PTO will be paid out in accordance with company policy and South Dakota law.
  • The Employee shall return all company property and credentials upon termination.
  • The Employee's access to company systems will be restricted upon termination.

17. Regulatory Compliance

  • The Employer is in compliance with all applicable requirements of the South Dakota Department of Labor.
  • The Employer maintains workers' compensation insurance.
  • The Employer adheres to OSHA standards for technical support environments.
  • If applicable, the Employer complies with specialized technical industry regulatory practices.

18. Equal Employment Opportunity and Anti-Harassment

  • The 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 protected category under South Dakota law (SDCL 20-13).
  • The Employer prohibits harassment of any kind.
  • Reporting mechanisms for discrimination or harassment are outlined in the company's employee handbook.
  • Accommodation procedures under the ADA are available.

19. 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 through negotiation or mediation before litigation.
  • The exclusive venue for any legal action shall be in [County], South Dakota.

20. At-Will Employment

  • The Employee acknowledges that their employment is at-will and may be terminated at any time by either party, with or without cause, subject to applicable notice requirements.

21. Background Checks

  • The Employee authorizes the Employer to conduct necessary background, employment, and reference checks, consistent with South Dakota law.
  • The Employee consents to drug or technical skill testing, if required.

22. Policy Updates

  • The Employer may update its policies periodically.
  • The Employee agrees to electronically accept updated handbooks or security protocols.
  • This Agreement incorporates by reference the Employer's employee handbook and other relevant policies.

23. Severability

  • If any provision of this Agreement is held to be invalid or unenforceable under South Dakota law, the remaining provisions shall remain in full force and effect.

24. 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.

25. Modifications

  • Any modification to this Agreement must be in writing and signed by both parties, in accordance with South Dakota contract law.
  • The following elements may be tailored to the Technical Support Engineer role or adjusted per Employer policy: [List of Tailorable Elements].

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

____________________________
[Employer Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

____________________________
[Employee Full Legal Name]

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