Tennessee cook employment contract template
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How Tennessee cook employment contract Differ from Other States
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Tennessee cook employment contracts must comply with the state’s at-will employment laws unless otherwise stated.
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Specific wage and hour rules in Tennessee may differ from federal law, influencing overtime and meal break provisions.
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Tennessee employers are required to provide state-mandated workplace safety and health standards, which must be included in the contract.
Frequently Asked Questions (FAQ)
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Q: Is a written cook employment contract required in Tennessee?
A: While not legally required, a written contract is strongly recommended to clarify job terms for both parties.
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Q: Can a Tennessee cook employment contract be terminated without cause?
A: Yes, Tennessee generally follows at-will employment, allowing termination without cause unless stated otherwise.
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Q: Are non-compete clauses enforceable in Tennessee cook contracts?
A: Yes, but non-compete clauses must be reasonable in scope, duration, and geography to be enforceable in Tennessee.
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Tennessee Cook Employment Contract
This Tennessee Cook Employment Contract (the "Agreement") is made and effective as of [Date] by and between [Employer Legal Name], a [State of Incorporation] corporation with a principal place of business at [Employer Address], [Employer City], TN [Employer Zip Code] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address], [Employee City], TN [Employee Zip Code] ("Employee").
1. Employment
- The Employer hires the Employee as a full-time Cook.
- Option A: This is a new employment relationship.
- Option B: This employment commences a prior relationship.
2. Job Responsibilities
- The Employee's primary responsibility is to perform the duties of a Cook, including, but not limited to:
- Preparing food according to recipes and plating standards, including [Type of Cuisine, e.g., Southern, Italian] cuisine.
- Working at the [Specific Station, e.g., Grill, Sauté, Prep, Line, Pastry] station.
- Using cooking techniques such as grilling, frying, baking, boiling, and plating.
- Managing daily prep lists and ensuring proper portion control.
- Assisting with menu development under supervision.
- Handling food orders and inventory.
- Ensuring food safety through proper storage, labeling, and date marking (FIFO).
- Operating and cleaning kitchen equipment (knives, ovens, ranges, slicers, mixers, fryers, dishwashers).
- Assisting with receiving and inspection of food deliveries.
- Assisting with catering or events, as needed.
- Following instructions from the [Reporting Structure, e.g., Head Chef, Sous Chef, Kitchen Manager].
- Participating in regular deep cleaning and sanitizing routines.
- The Employee will work as part of a team and communicate effectively during service and prep shifts.
3. Worksite
- The primary worksite is located at [Worksite Address], [Worksite City], TN [Worksite Zip Code].
- Option A: The Employee may be required to work at off-site catering or event locations.
- Option B: The Employee will only work at the primary worksite.
- The Employer reserves the right to change shifts or assign work with reasonable notice. The Employer will attempt to accommodate the Employee's needs, but the Employer's operational requirements come first.
4. Work Schedule
- The Employee's work schedule is full-time, averaging [Average Weekly Hours] hours per week.
- The expected workweek includes [Days of the Week, e.g., weekends, holidays], and may involve early or late shifts.
- The Employee will receive a [Duration, e.g., 30-minute] unpaid meal break for every [Number] hours worked, coordinated with kitchen flow.
- Overtime will be paid at time-and-a-half for all hours worked over 40 in a workweek, as required by the Fair Labor Standards Act (FLSA).
- The Employee is responsible for accurately recording hours worked using the Employer's [Timekeeping System, e.g., electronic, paper] system.
- Option A: The Employee shall clock in and out using the time clock provided.
- Option B: The Employee will manually record time on timesheets.
5. Compensation
- The Employee will be paid an hourly wage of [Hourly Wage] or an annual salary of [Annual Salary], which is greater than the applicable Tennessee and Federal minimum wage.
- Option A: The Employee is eligible for tips, which will be distributed according to the Employer's tip [Tip Distribution/Pooling Policy].
- Option B: The Employee is not eligible for tips.
- Payroll is processed [Payroll Frequency, e.g., bi-weekly] via [Payment Method, e.g., direct deposit, check].
- Compensation for mandatory staff meetings or required training will be at the Employee's regular hourly rate.
- Option A: The Employee is eligible for a shift differential of [Amount] for [Night/Holiday shifts].
- Option B: The Employee is not eligible for shift differential.
6. Benefits
- Option A: The Employee is eligible for employer-sponsored health, vision, and dental insurance after a [Waiting Period].
- Option B: The Employer does not provide health, vision, or dental insurance.
- The Employee is covered under Tennessee workers' compensation for kitchen injuries, provided the Employer meets the state’s requirements regarding coverage.
- Option A: The Employee is eligible for [Number] days of paid vacation per year.
- Option B: The Employee is not eligible for paid vacation.
- Option A: The Employee is eligible for [Number] days of paid sick leave per year.
- Option B: The Employee is not eligible for paid sick leave.
- Option A: The Employee will receive paid holiday pay for the following holidays: [List of Holidays].
- Option B: The Employee is not eligible for paid holiday pay.
- Option A: The Employee is eligible for a meal allowance of [Amount] per shift, or discounted staff meals.
- Option B: The Employee is not eligible for a meal allowance or discounted staff meals.
- Option A: The Employer will reimburse the Employee for uniform or tool expenses up to [Amount].
- Option B: The Employee is responsible for providing their own uniforms and tools.
- Option A: The Employer provides free parking or transit stipends.
- Option B: The Employee is responsible for parking and transit.
7. Required Certifications and Training
- The Employee must possess a current ServSafe Food Handler certification or equivalent, and provide proof of certification to the Employer.
- The Employee must pass a pre-employment background check and provide references.
- The Employee will participate in ongoing training in food safety and kitchen equipment as required by the Employer.
8. Food Safety and Compliance
- The Employee must comply with all Tennessee Department of Health food safety regulations, including proper hand-washing, glove usage, illness reporting, temperature logs, and allergen avoidance.
- The Employee must adhere to the Employer's hair/hat/restraint policy and jewelry restrictions.
9. Workplace Safety
- The Employee must immediately report all workplace injuries and incidents to the Employer, as required by the Tennessee Occupational Safety and Health Act (TOSHA).
- The Employee must follow all emergency procedures (fire, severe weather, equipment malfunction).
10. Ownership of Recipes
- Option A: All original recipes, menu items, plating concepts, or proprietary food preparation processes created by the Employee while employed by the Employer are considered confidential company property. The Employee shall not disclose or use such information outside of their employment with the Employer.
- Option B: The Employer makes no claim to recipes developed by the employee outside of work hours and off premises.
11. Confidentiality
The Employee agrees to maintain the confidentiality of all recipes, operational procedures, purchasing/sourcing, proprietary ingredients, and business-sensitive information of the Employer.
12. Anti-Discrimination and Harassment
The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex, national origin, age, disability, veteran status, or any other protected category under federal and Tennessee law.
The Employee should report any instances of discrimination or harassment to [Designated Person/Department].
13. Standards of Conduct
- The Employee must maintain punctuality, sobriety, and personal hygiene.
- The Employee must adhere to sanitary work practices and refrain from substance use during work hours.
- The Employer has a policy about mobile phone use during work hours. The Employee must abide by those policies.
- The Employee will participate in conflict resolution processes with coworkers.
- Performance reviews will be conducted [Frequency, e.g., annually, semi-annually] based on [Criteria].
14. Secondary Employment
- Option A: The Employee may not engage in secondary employment or outside catering work that creates a conflict of interest with the Employer.
- Option B: The Employee may engage in secondary employment or catering work, provided it does not interfere with duties to the Employer.
15. Termination
- The Employee may resign by providing [Notice Period, e.g., two weeks] written notice to the Employer.
- The Employer may terminate the Employee's employment for cause, including but not limited to food safety violations, gross misconduct, intoxication, theft, harassment, repeated tardiness, or insubordination.
- Upon termination, the Employee must return all uniforms, badges, keys, and other company property.
- The Employee will receive a final paycheck within the timeframe prescribed by Tennessee law and best practices.
- Option A: The Employee will be compensated for accrued but unused paid leave, per the Employer's policy.
- Option B: The Employee will not be compensated for accrued but unused paid leave.
- The Employee may be eligible for unemployment benefits under Tennessee law.
16. Dispute Resolution
- The Employer and Employee agree to attempt to resolve any disputes arising out of this Agreement through internal review, escalation to HR or management, or mediation.
- Option A: Any unresolved disputes will be submitted to binding arbitration in [City, TN].
- Option B: Any unresolved disputes will be subject to the jurisdiction of the local courts in [County, TN].
17. Workers' Compensation
The Employee is covered under Tennessee's workers' compensation laws. The Employer will post required notices regarding employee rights and safety.
18. TOSHA Compliance and ADA Accommodation
- The Employer will provide TOSHA-mandated training (hazard communication, injury prevention, fire safety, use of personal protective equipment).
- The Employer will provide reasonable accommodations under the Americans with Disabilities Act (ADA) and the Tennessee Disability Act.
19. Entire Agreement
- This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
- Any modifications to this Agreement must be in writing and signed by both parties.
- The Employer may adjust this contract as required to comply with changes in Tennessee law or for operational needs.
20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Representative Name]
[Employer Title]
[Employer Legal Name]
____________________________
[Employee Full Legal Name]
Date: [Date]