Tennessee accountant employment contract template
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How Tennessee accountant employment contract Differ from Other States
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Tennessee requires accountants to comply with specific state licensing regulations and renewal procedures unique to its Board of Accountancy.
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The employment contract should address Tennessee’s employment-at-will doctrine, as this affects grounds for termination and severance.
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State-specific confidentiality and non-compete clauses must reflect Tennessee law, which often limits the enforceability of restrictive covenants.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for accountants in Tennessee?
A: No, written contracts are not legally required but are highly recommended to clarify employment terms.
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Q: What key provisions should be included in a Tennessee accountant employment contract?
A: Essential provisions include job duties, compensation, benefits, confidentiality, term, termination, and compliance with Tennessee law.
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Q: Are non-compete agreements enforceable for accountants in Tennessee?
A: Non-compete agreements are enforceable if reasonable, but Tennessee courts scrutinize them closely for fairness and necessity.
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Tennessee Accountant Employment Contract
This Tennessee Accountant Employment Contract (the “Agreement”) is made and entered into as of [Date of Signing], by and between [Employer Full Legal Name], located at [Employer Address] (“Employer”), and [Accountant Full Legal Name], residing at [Accountant Address] (“Accountant”).
1. Position:
- Option A: Accountant
- Option B: Staff Accountant
- Option C: Senior Accountant
- Option D: CPA
- Option E: Controller
2. Job Responsibilities:
- Preparation and analysis of financial statements in accordance with GAAP.
- Management of the general ledger.
- Handling monthly and annual closing processes.
- Conducting account reconciliations.
- Maintaining tax records and compliance with Tennessee Department of Revenue and IRS regulations.
- Preparing and filing state and federal tax documents.
- Administering payroll and benefits in compliance with Tennessee wage and hour laws.
- Supporting internal and external audits specific to Tennessee compliance.
- Ensuring ongoing adherence to the Tennessee Accountancy Act.
- Maintaining knowledge of changes in state and federal accounting standards.
3. Required Skills and Certifications:
- Proficiency in accounting software such as QuickBooks, Sage, and Xero.
- Option A: Tennessee CPA certification required.
- Option B: Tennessee CPA certification preferred.
- Option C: Associate’s or Bachelor’s degree in Accounting or related field required.
- Strong understanding of GAAP principles and tax regulations relevant to Tennessee.
4. Working Hours and Location:
- Standard full-time hours: [Number] hours per week.
- Overtime eligibility: [Yes/No].
- Lunch and rest breaks as required by Tennessee labor law.
- Option A: Primary work location: [Employer Address].
- Option B: Remote/Hybrid work arrangement: [Details of arrangement].
- Travel expectations: [Description of travel requirements].
5. Reporting Structure:
- Reports directly to: [Title of Supervisor].
- Communication protocols for teamwork and cross-department collaboration: [Description of Communication Methods].
6. Employment Type:
- Full-time, at-will employment.
- At-will employment means that either the Employer or the Accountant may terminate the employment relationship at any time, with or without cause or notice, subject to applicable Tennessee and federal laws.
7. Compensation:
- Option A: Annual salary: [Dollar Amount].
- Option B: Hourly wage: [Dollar Amount] per hour.
- Method and schedule of payment: [Bi-weekly/Monthly].
- Overtime pay: In compliance with the Fair Labor Standards Act (FLSA) and Tennessee labor laws.
- Criteria for salary adjustments: [Performance-based/Annual Review].
- Option A: Merit or performance bonus: [Details of Bonus Structure].
- Option B: Signing or retention bonus: [Dollar Amount] with [Terms and Conditions].
8. Benefits:
- Health, dental, and vision insurance: [Details of Coverage].
- Employer 401(k) or retirement plan: [Details of Plan], including Tennessee tax provisions.
- Paid time off (PTO): [Number] days per year.
- Sick leave: [Number] days per year, in compliance with Tennessee law.
- Family and medical leave: In accordance with the Family and Medical Leave Act (FMLA) and Tennessee law.
- Official state holidays: [List of Observed Holidays].
- Professional development support: [Details of Support], such as CPA/CPE training reimbursement.
- Mileage or business expense reimbursement: In accordance with IRS and Tennessee state standards.
9. Intellectual Property and Records Ownership:
- All work product, financial statements, and company financial records created or maintained by the Accountant, whether in digital or physical form, remain the property of the Employer.
- Software licenses and restrictions on use of accounting tools: [Details of Restrictions].
- Use of proprietary financial models and templates: [Permitted/Restricted].
10. Confidentiality:
- The Accountant shall maintain strict confidentiality regarding company financial data, client and vendor records, salary information, tax identities (including protection of SSNs), trade secrets, and any sensitive information learned during employment.
- Duration of confidentiality obligation: [During employment and indefinitely thereafter].
- Prohibition of unauthorized disclosure of financial information, data sharing with third parties, and use of Employer data for personal gain.
11. Conflict of Interest and Code of Ethics:
- Compliance with the Tennessee State Board of Accountancy rules and AICPA Code of Professional Conduct.
- Mandatory annual ethics training.
- Disclosure of any personal, financial, or external relationships that may impact job duties.
- Ineligibility for outside accounting, tax preparation, or audit work for non-Employer clients without written consent and in compliance with Tennessee Board of Accountancy rules.
12. Non-Solicitation/Non-Compete:
- Option A: Non-solicitation: The Accountant agrees not to solicit employees or clients of the Employer for a period of [Number] years following termination of employment.
- Option B: Non-compete: The Accountant agrees not to engage in competitive activities within a [Number] mile radius of the Employer’s principal place of business for a period of [Number] years following termination of employment, subject to Tennessee law.
- This section is subject to review for enforceability and reasonableness under Tennessee standards.
13. Errors and Misstatements:
Policies for unintentional errors in financial records, mandatory error reporting, rectification processes, and consequences for willful misstatement, fraud, or criminal conduct under Tennessee and federal law.
14. Professional Licensure:
- The Accountant is responsible for maintaining ongoing professional licensure.
- Prompt notification of lapsed Tennessee CPA status is required.
- Employer support for maintaining licensure: [Details of Support].
15. Workplace Conduct:
- Compliance with anti-discrimination, anti-harassment, and equal employment opportunity requirements as mandated by Tennessee law.
- Protected classes: [List of Protected Classes].
- Complaint reporting mechanisms: [Description of Reporting Process].
16. Health and Safety:
Compliance with company policies on health/safety, workers’ compensation (referencing the Tennessee Workers’ Compensation Act), occupational health, and ergonomic standards.
17. IT Security and Data Privacy:
Compliance with IT security, acceptable use, and data privacy policies related to financial data integrity, electronic record keeping, and work-from-home protocols.
18. Termination:
- Grounds for cause and without cause, subject to at-will employment.
- Notice stipulations: [Number] days' notice required.
- Severance eligibility: [Details of Eligibility].
- Final paycheck delivery: In compliance with Tennessee law.
- Required return of Employer property, keys, records, or software licenses.
19. Post-Employment Obligations:
- Continuing confidentiality.
- Post-employment references.
- Outstanding duties.
- Cooperation with audits or investigations arising from the Accountant’s period of employment.
20. Legal Notices and Acknowledgments:
- Employment at-will statement.
- Eligibility to work in the U.S.
- Affirmation of no conflicting prior work obligations.
- Compliance with E-Verify, if required by Tennessee law.
21. Dispute Resolution:
- Preferred use of negotiation and mediation.
- Option A: Binding arbitration per the Tennessee Uniform Arbitration Act.
- Option B: Litigation in Tennessee courts.
- Jurisdiction and venue: [County], Tennessee.
- Governing law: The laws of the State of Tennessee.
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]
[Accountant Full Legal Name]
Signature: ____________________________
Date: ____________________________