Texas accountant employment contract template

Texas Accountant Employment Contract

This Texas Accountant Employment Contract (the "Agreement") is made and entered into as of [Date of Execution] by and between:

[Employer Legal Name], a Texas [Corporation/LLC/Partnership] with its principal place of business at [Employer Address, including County] ("Employer"), and

[Employee Full Legal Name], residing at [Employee Address] ("Accountant").

WITNESSETH:

WHEREAS, Employer desires to employ Accountant, and Accountant desires to be employed by Employer;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Employment

Employer hereby employs Accountant, and Accountant hereby accepts employment with Employer, as a full-time Accountant.

2. Duties and Responsibilities

Accountant's duties and responsibilities shall include, but not be limited to:

• Preparation and analysis of financial statements.
• General ledger management.
• Accounts payable and accounts receivable processing.
• Payroll oversight in accordance with Texas payment of wages regulations.
• Budget and cash flow analysis.
• Tax compliance, including Texas franchise tax and federal requirements.
• Coordination for external audits.
• Internal controls maintenance.
• Compliance with applicable accounting standards (GAAP, FASB, AICPA).
• Proficiency in widely-used Texas business accounting systems or ERP platforms, such as [List specific systems].

3. Reporting Structure

Option A: Accountant shall report directly to the [Controller/CFO/Designated Senior Accountant].

Option B: Accountant shall report to [Position Title].

Accountant will collaborate with other departments as necessary and present information to management or the Board as required.

4. Work Location

Option A: The Accountant’s primary work location shall be at Employer’s business address in Texas: [Employer Address, including County].

Option B: Hybrid/Remote Work Arrangement

• The Accountant may work remotely subject to Employer’s remote work policy.
• Texas employment law shall apply regardless of the Accountant’s physical location.
• Accountant shall adhere to Employer's cybersecurity and confidential data protocols.
• Employer shall reimburse necessary work-related expenses in accordance with Texas law and company policy, including mileage reimbursement at the rate set by state policy.

5. Employment Status, Hours, and Overtime

Accountant's employment is W-2 full-time.

Standard weekly working hours are [Number] hours per week.

Overtime shall be compensated in accordance with the Texas Labor Code. The calculation methodology is [e.g., 1.5 times the regular hourly rate].

[Specify meal and rest break expectations].

Time and attendance will be tracked using [Method of tracking], compliant with Texas wage theft prevention statutes.

6. Compensation and Benefits

Option A: Salary: The Accountant's annual salary shall be [Dollar Amount], payable [Frequency].

Option B: Hourly Wage: The Accountant’s hourly wage shall be [Dollar Amount], payable [Frequency].

Overtime shall be paid at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek.

Eligibility for performance-based compensation, profit-sharing, annual bonus, or merit increases will be determined based on [Specific criteria].

Benefits include:

• Group health, vision, and dental insurance (insurer details: [Insurer Name(s)]).
• 401(k) or retirement plan options.
• Paid vacation and sick leave (as per company policy).
• Paid state and federal holidays.
• Expense reimbursement for Texas CPA or CPE fees.
• Membership in professional accounting organizations, such as TXCPA.
• [List other benefits, e.g., life/disability insurance, wellness benefits].

7. Professional Credentials

Option A: Accountant must possess and maintain an active CPA license in good standing with the Texas State Board of Public Accountancy.

Option B: Accountant must demonstrate documented progress toward CPA licensure.

Accountant shall comply with the Texas State Board of Public Accountancy’s ethics, reporting, and continuing education standards.

8. Confidentiality

Accountant shall not disclose any confidential information, including client data, internal books/records, proprietary business information, or trade secrets.

These obligations survive the termination of employment.

9. Intellectual Property

All financial reports, tools, models, or accounting systems developed during employment are the exclusive property of Employer.

Accountant shall not use pre-existing materials or third-party software/services in violation of the Texas Business and Commerce Code.

10. Client and Auditor Relationships

Accountant shall comply with professional independence standards and avoid conflicts of interest.

Accountant shall immediately disclose any financial irregularities and report suspected fraud.

11. Code of Conduct and Ethics

Accountant shall adhere to the AICPA and Texas State Board of Public Accountancy ethical requirements.

Accountant shall comply with Employer's fraud, anti-bribery, and whistleblower reporting policies.

12. Non-Solicitation and Non-Compete

Option A: Non-Solicitation: During employment and for [Number] months after termination, Accountant shall not solicit Employer's clients or employees.

Option B: Non-Compete: During employment and for [Number, typically 6-12] months after termination, Accountant shall not engage in [Specific restricted activities] within [Geographic scope].

This non-compete agreement complies with the Texas Covenants Not to Compete Act, and the consideration provided to Accountant includes [Specific consideration, e.g., training, access to confidential information].

13. At-Will Employment

Accountant’s employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice (unless otherwise stated within this agreement).

14. Termination

Voluntary Resignation: Accountant shall provide [Number] weeks' written notice of resignation.

Termination for Cause: Employer may terminate Accountant's employment for cause, including but not limited to financial impropriety, errors impacting regulatory filings, or violation of the Public Accountancy Act.

Reduction-in-Force/Layoff: In the event of a layoff, Employer will comply with applicable Texas and federal laws.

Upon termination, Accountant shall return all company materials, files, and client records.

15. Anti-Harassment and Anti-Discrimination

Employer prohibits harassment and discrimination based on race, color, disability, religion, sex, national origin, age, or any other protected category under the Texas Labor Code.

[Specify mechanisms for reporting workplace grievances].

16. Dispute Resolution

Option A: Negotiation and Mediation: The parties shall attempt to resolve any employment disputes through negotiation and voluntary mediation in Texas.

Option B: Binding Arbitration: Any unresolved disputes shall be settled by binding arbitration in [County, Texas] under Texas law.

17. Statutory Compliance

Employer shall maintain accurate employee records.

Accountant must maintain ongoing eligibility to work in the United States.

Employer maintains a workplace safety program and complies with anti-retaliation standards.

Employer provides workers’ compensation coverage in accordance with Texas law.

18. Background Check and Monitoring

Accountant authorizes Employer to conduct background checks and ongoing monitoring, consistent with Texas Accountancy Board rules.

19. Document Retention

Employer shall retain and destroy accounting records in accordance with the Texas Uniform Electronic Transactions Act and industry practices.

20. Notification of Changes

Employer shall provide reasonable advance notice of changes to employment terms, job site, or benefits.

21. Amendment, Severability, Entire Agreement, and Interpretation

This Agreement may be amended only in writing signed by both parties.

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

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any legal action arising out of or relating to this Agreement shall be in the appropriate court in [County, Texas].

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]

[Employee Signature]