Tennessee IT assistant employment contract template
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How Tennessee IT assistant employment contract Differ from Other States
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Tennessee is an at-will employment state, so the contract must clearly state termination terms consistent with state law.
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IT assistants in Tennessee must comply with specific data privacy and cybersecurity requirements outlined by state regulations.
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Non-compete clauses in Tennessee have unique enforceability standards compared to other states, making compliance crucial.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract mandatory for IT assistants in Tennessee?
A: No, an employment contract is not legally required, but having one provides clarity and protects both parties’ interests.
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Q: Can a Tennessee IT assistant be fired without cause?
A: Yes, Tennessee is an at-will state, allowing employers to terminate employees at any time, unless otherwise stipulated in the contract.
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Q: Are non-compete agreements enforceable in Tennessee IT assistant contracts?
A: Yes, but courts require they be reasonable in scope, duration, and geography, and necessary to protect the employer’s interests.
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Tennessee IT Assistant Employment Contract
This Tennessee Full-Time IT Assistant Employment Agreement (the “Agreement”) is made and entered into as of [Date] by and between [Employer Full Legal Name], a [State of Formation] [Entity Type, e.g., corporation] with its principal place of business at [Employer Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).
1. Position
The Employer hereby employs the Employee as an IT Assistant.
- Responsibilities include:
- Desktop and end-user technical support.
- Device configuration and troubleshooting.
- User account management.
- Software and hardware installation.
- Basic network administration.
- Helpdesk ticket resolution.
- System and network monitoring.
- Regular software updates and patch management.
- Asset inventory.
- Onsite and remote support.
- Support for video conferencing equipment.
- Account and credential resets.
- Onboarding/offboarding IT tasks.
- Documentation of procedures.
- Cybersecurity awareness activities.
- Equipment setup/teardown for Tennessee worksites.
2. Skills & Qualifications
Employee represents that they possess the following required technical skills:
- Familiarity with Windows/macOS operating systems.
- Microsoft 365/Active Directory administration.
- Basic networking concepts (DHCP, DNS, VPN).
- Remote access tools commonly used by Tennessee businesses.
- Support ticketing systems.
- Compliance awareness with [Specify relevant industry compliance standards, e.g., HIPAA, FERPA].
3. Work Location
The Employee’s primary work location will be:
- Option A: Onsite at [Address of Tennessee Worksite].
- Option B: Hybrid, with [Number] days per week onsite at [Address of Tennessee Worksite], and the remaining days remote.
- Option C: Remote, working from [Employee’s Tennessee Address (if different from above)].
- If Option C:
- The Employee agrees to maintain hardware, software, and data security compliance, including multi-factor authentication and encrypted device use, as per Employer policy. Employee must also maintain reliable access to emergency IT support within Tennessee.
- If Option C:
4. Full-Time Status & Hours
The Employee is employed on a full-time basis.
- Option A: The Employee’s standard work week will be [Number] hours per week, typically from [Start Time] to [End Time], Monday through Friday.
- Option B: The Employee’s standard work week will be [Number] hours per week, according to a schedule provided by the Employer.
- The Employee is eligible for overtime pay in accordance with Tennessee wage and hour laws (T.C.A. Title 50). Overtime must be pre-approved by [Designated Supervisor Title]. Overtime will be compensated at 1.5 times the Employee’s regular hourly rate. The Employee will receive rest and meal breaks in accordance with Tennessee law.
5. Compensation
- Option A: The Employee’s base salary will be [Dollar Amount] per year, payable [Pay Frequency, e.g., bi-weekly].
- Option B: The Employee’s hourly wage will be [Dollar Amount] per hour.
- Payment will be made via [Payment Method, e.g., direct deposit] to an account designated by the Employee.
- Overtime pay will be calculated at 1.5 times the regular hourly rate for hours worked over 40 in a workweek, per T.C.A. Title 50.
- Option C: Performance-based incentives may be awarded based on achieving helpdesk SLAs or user satisfaction targets, as defined by the Employer.
- Option D: A signing/retention bonus of [Dollar Amount] will be paid according to the following schedule: [Payment Schedule].
6. Benefits
The Employee is eligible for the following benefits, subject to the terms and conditions of the Employer’s benefit plans:
- Health, dental, and vision insurance.
- 401(k) plan with [Matching Contribution Details].
- Paid vacation and sick leave, accruing at [Accrual Rate]. Compliance with the Tennessee Sick Leave Act, if applicable.
- [Number] paid state holidays.
- Short-term and long-term disability insurance.
- Life insurance.
- Option A: Reimbursement for professional IT qualifications or training up to [Dollar Amount] per year, subject to pre-approval.
- Option B: Technology stipend of [Dollar Amount] per month for home office costs (if remote).
7. IT Asset Usage
The Employee is responsible for the security and proper use of all company-owned IT equipment assigned for use in Tennessee. The Employee will comply with all physical and data security measures and return all equipment upon termination of employment.
8. Intellectual Property
All scripts, documentation, software configurations, support workflows, or solutions created by the Employee during the term of employment in Tennessee are the sole and exclusive property of the Employer. The Employee must obtain Employer approval before contributing to any open-source projects or engaging in external or personal project work during employment.
9. Confidentiality
The Employee agrees to maintain the confidentiality of all proprietary business information, client data, system credentials, and trade secrets of the Employer, as required by Tennessee law. This obligation survives the termination of employment.
10. Compliance with IT Rules
The Employee will comply with all industry-specific IT privacy and recordkeeping rules relevant to Tennessee, including but not limited to:
- [Specify relevant industry compliance standards, e.g., HIPAA, PCI DSS, FERPA].
- The Employee will adhere to all internal IT security, acceptable use, and incident response policies adapted for Tennessee work environments.
11. Conduct and Professional Standards
The Employee will:
- Resolve helpdesk tickets in a timely manner.
- Contribute to the knowledge base.
- Comply with the company’s cybersecurity training requirements.
- Immediately report any data breaches or security incidents, consistent with T.C.A. 47-18-2107.
- Refrain from unauthorized device connectivity or offsite data transfer within Tennessee.
12. Off-Hours Support
- Option A: The Employee is [Eligible/Not Eligible] for off-hours technical support rotations. If eligible, compensation will be provided as follows: [Compensation Details].
- Option B: The Employee is expected to be available during local Tennessee emergencies or inclement weather as reasonably requested by the Employer.
13. Non-Solicitation
The Employee agrees not to solicit the Employer's customers or employees for a period of [Number] months following termination of employment. This provision is compliant with Tennessee law regarding restrictive covenants.
14. Non-Compete
- Option A: The Employee agrees not to engage in any business that directly competes with the Employer within [Geographic Scope, e.g., specific Tennessee counties] for a period of [Number] months following termination of employment. This restriction applies to the role of [Functional Role].
- Option B: (No Non-Compete Agreement) The parties agree that a non-compete agreement is not required for this position.
15. At-Will Employment
The Employee’s employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, unless otherwise specified in a separate written agreement.
16. Termination
- The Employer shall provide [Number] days' written notice of termination, except in cases of gross misconduct.
- The Employee shall provide [Number] days' written notice of resignation.
- Upon termination, the Employee will receive final pay within Tennessee’s statutory timelines.
- The Employee will return all IT assets and remove user/system access.
- An exit interview will be conducted.
- Both parties will fulfill their obligations regarding reference provision and knowledge transfer. The Employer will comply with the Tennessee Worker Adjustment and Retraining Notification Act (WARN), if applicable.
17. Anti-Discrimination
The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, pregnancy, national origin, age (40+), disability, genetic information, veteran status, or any other characteristic protected by Tennessee law. The Employer maintains a zero-tolerance policy for harassment and provides procedures for internal complaints to meet Tennessee Human Rights Act standards.
18. FLSA Status
The Employee’s position is classified as [Exempt/Non-Exempt] under the Fair Labor Standards Act (FLSA), as interpreted under Tennessee law.
19. Dispute Resolution
The parties agree to first attempt to resolve any disputes internally, escalating to HR if necessary. Mediation/arbitration may be pursued prior to legal action. This Agreement shall be governed by the laws of the State of Tennessee, and venue for any legal action shall be in [County Name] County, Tennessee. If binding arbitration is used, it will be conducted in accordance with the Tennessee Uniform Arbitration Act.
20. Workers' Compensation
The Employee is covered by Tennessee workers' compensation insurance.
21. Workplace Safety
The Employer maintains IT workplace safety policies tailored for environments with server rooms, cable management and electrical safety, and ergonomic standards for desk-based support. The Employee will follow procedures for reporting workplace injuries as required by Tennessee law.
22. Background Checks
The Employee consents to background, reference, and, if allowed by law, criminal/credit checks in compliance with Tennessee’s Equal Employment Opportunity laws. These checks are necessary for this IT role with sensitive data access.
23. Ongoing Education
The Employee is committed to ongoing technical education, cybersecurity best practices, and compliance with the evolving Tennessee regulatory landscape for IT.
24. Contract Customization
All contract elements are customizable to reflect company size, industry, and whether the role supports Tennessee-specific regulated sectors (e.g., healthcare, banking, government). Any unpublished company-specific policies will be promptly disclosed to the Employee.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Representative Name]
[Employer Representative Title]
[Employer Full Legal Name]
____________________________
[Employee Full Legal Name]