Tennessee delivery driver employment contract template

Tennessee Delivery Driver Employment Contract

This Full-Time Delivery Driver Employment Contract (the “Agreement”) is made and entered into this [Date] by and between [Employer Name], a company organized under the laws of Tennessee, with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Position and Job Description

The Employer hires Employee as a Full-Time Delivery Driver.

Job Description:

• Delivery Type: [Packages, Food, Goods, etc.]
• Daily Duties:
  • Picking up deliveries from designated locations.
  • Safely loading and unloading items.
  • Planning and optimizing delivery routes.
  • Adhering to delivery deadlines.
  • Obtaining recipient signatures.
  • Operating navigation and delivery applications.
  • Maintaining delivery logs.
  • Reporting incidents or delays.

2. Qualifications and Requirements

• Vehicle Type: [Company Vehicle/Personal Vehicle]. If Personal Vehicle, see section 3.
• Driving Experience:
  • Minimum [Number] years of driving experience.
  • Valid Tennessee driver’s license, Class [License Class, e.g., D, CDL].
  • Clean driving record as per Tennessee Department of Safety regulations.
• Background Checks:
  • Successful completion of a background check is required.
  • Drug Screening: Mandatory drug screening required.
    • Option A: Pre-employment drug screening.
    • Option B: Random drug and alcohol testing throughout employment.

3. Vehicle (If Personal Vehicle Used)

If the Employee uses a personal vehicle:

• Vehicle Standards: The vehicle must meet the Employer's standards for safety and appearance.
• Maintenance: The Employee is responsible for all vehicle maintenance.
• Insurance:
  • The Employee must maintain insurance coverage meeting or exceeding Tennessee minimum requirements for commercial use, with liability limits of at least [Amount].
  • Employer must be named as additionally insured, if required by insurance provider.
• Reimbursement:
  • Option A: Mileage reimbursement at the IRS standard rate per mile.
  • Option B: Negotiated flat rate per mile.
  • Wear and Tear: The Employer is [Responsible/Not Responsible] for additional compensation towards wear and tear, to be determined using reasonable depreciation and repair estimates.

4. Tools and Equipment

The Employer will provide:

• [Company Phone/GPS Device]
• [Uniform]
• [Fuel Card]
• [Delivery Management Software Access]

Maintenance/Replacement: The Employer is responsible for maintenance and replacement of provided equipment, unless damage is due to Employee negligence.

Return of Equipment: All company property must be returned upon termination of employment.

5. Work Location and Territory

The primary work location is [Employer's Designated Tennessee Operating Area/Assigned Routes].

Delivery Type: [In-Area/Long-Distance Deliveries].

Route Reassignment: The Employer reserves the right to reassign routes or territories as needed.

6. Employment Status and Work Hours

• Employment Status: Full-Time.
• Start Date: [Date]
• Probation Period: [Number] days/weeks (optional).
• Minimum Guaranteed Weekly Hours: [Number] hours.
• Maximum Daily/Weekly Driving and Work Hours: Adherence to Tennessee Wage Regulation Act and FLSA standards.
• Overtime: Overtime will be paid at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek, as required by Tennessee and federal law.

7. Break Schedules and Rest Periods

Break Schedule: [Specify break times and duration, e.g., one 30-minute unpaid meal break and two 15-minute paid rest breaks].

Compliance: All break schedules comply with Tennessee and federal labor law.

8. Compensation

• Hourly Wage/Salary: [Amount] per hour/ [Amount] per year.
• Overtime Pay: Calculated as per Tennessee and federal law.
• Shift Differential: [Amount] per hour for [Specific Shifts] (if applicable).
• Payment Method: Direct deposit.
• Pay Frequency: [Weekly/Bi-weekly].
• Bonus Eligibility:
  • Option A: Performance-based bonuses.
  • Option B: Safe-driving incentives.
  • Option C: On-time delivery incentives.
  • Bonus details are outlined in the company bonus policy.

9. Employee Benefits

• Health Insurance: [Specify coverage details]
• Dental Insurance: [Specify coverage details]
• Vision Insurance: [Specify coverage details]
• Life Insurance: [Specify coverage details]
• Disability Coverage: [Specify coverage details]
• Paid Time Off (PTO): [Number] days per year.
• Sick Leave: [Number] days per year.
• Paid Holidays: [List of holidays]
• Bereavement Leave: [Number] days.
• Parental Leave: [Specify details, compliant with Tennessee and federal law]
• Retirement Plans/401(k): [Specify details]
• Employee Assistance Programs: [Specify details]

10. Workers' Compensation

The Employee is covered by Tennessee workers' compensation insurance as required by state law.

11. Training Requirements

The Employer will provide training on:

• Safe driving practices.
• Accident prevention.
• Customer service.
• Handling hazardous materials (if relevant).
• Compliance with Tennessee Department of Transportation and federal safety regulations.

12. Safety and Compliance

Adherence to all traffic laws and company safety protocols is mandatory.

Use of seat belts is required at all times.

Substance Use Policy: Zero-tolerance for drugs and alcohol while working.

Incident/Accident Reporting: Immediate reporting of all incidents and accidents.

Equipment Use: Strict adherence to equipment use restrictions and guidelines.

13. Delivery of Special Items

Delivery of special items (hazardous goods, perishables, high-value goods) requires adherence to specific procedures and may require additional certifications.

Required Certifications: [Hazmat Endorsement, Food Handling Permits, etc. (if relevant)]

14. Professionalism and Conduct

The Employee is expected to maintain a professional demeanor and adhere to company dress code.

Personal business is prohibited during work hours.

Handling of Cash Payments/COD Orders: Adherence to company policy.

Tips/Gratuities: [Specify company policy on tips/gratuities]

15. Reporting Lines and Communication

The Employee will report to [Immediate Supervisor Name].

Attendance at team meetings and shift changes is required.

The Employee must promptly respond to company communications.

16. Confidentiality

The Employee must maintain confidentiality regarding customer data, delivery schedules, and company operational details.

17. Social Media and External Communication

The Employee is prohibited from unauthorized posting or sharing of work-related information on social media or other platforms.

18. Non-Compete/Non-Solicitation

Any non-compete or non-solicitation agreements will be strictly compliant with Tennessee law.

• Option A: Non-Compete agreement: [Include specific terms, subject to Tennessee law].
• Option B: Non-Solicitation agreement: [Include specific terms, subject to Tennessee law].
• Note: Tennessee law limits enforceability of non-compete agreements, especially for non-managerial delivery drivers.

19. At-Will Employment and Termination

Employment is at-will, as governed by Tennessee law.

Termination Conditions:

• Voluntary Resignation: [Number] days' written notice is required.
• Termination for Cause: Immediate termination for cause (e.g., DUI, at-fault accidents, theft, chronic tardiness).
• Layoff: Subject to company policy.

Final Pay: Final pay will be issued as required by Tennessee law.

Return of Company Property: All company property must be returned upon termination.

Impact on Benefits: Termination will affect benefits as per company policy.

20. Disciplinary Procedures

Disciplinary actions will be based on company policy and may include verbal warnings, written warnings, suspension, or termination.

21. Customer Disputes and Accident Procedures

The Employee must follow company protocols for handling customer disputes and claims.

Accident Procedures: Immediate reporting of accidents and cooperation with law enforcement (as required by Tennessee law).

22. Record Keeping

The Employee must maintain accurate records and submit daily logs as required by state and federal transportation regulations.

23. Safety Incentives and Evaluations

The Employee may be eligible for safety incentives and will receive annual performance evaluations.

24. Dispute Resolution

Any disputes will be resolved through informal resolution, then mediation/arbitration (if agreed upon by both parties).

Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. Venue for any legal proceedings shall be in [County Name] County, Tennessee.

25. Anti-Discrimination and Equal Opportunity

The Employer is an equal opportunity employer and does not discriminate based on race, color, religion, sex, national origin, age, disability, pregnancy, veteran status, or any other protected characteristic under Tennessee and federal law.

Compliance with the Tennessee Pregnant Workers Fairness Act.

26. Accommodation for Disabilities

The Employer will provide reasonable accommodations for qualified individuals with disabilities in compliance with the ADA and similar Tennessee statutes.

27. Occupational Health and Safety

The Employer is responsible for providing a safe working environment and ensuring the Employee has access to necessary PPE (if required).

28. Amendments, Assignment, and Severability

This Agreement may be amended only by a written instrument signed by both parties.

The Employer may assign this Agreement to a successor entity.

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

29. Operational Demands and Changes in Law

All contract elements are subject to adjustment to accommodate employer operational demands, changing Tennessee law, or particular requirements of the delivery role.

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

____________________________

[Employer Name]

By: ____________________________

[Employer Printed Name]

Title: [Employer Title]

____________________________

[Employee Name]

[Employee Printed Name]

Date: ____________________________