Texas HR assistant employment contract template
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How Texas HR assistant employment contract Differ from Other States
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Texas employment contracts must comply with the state's at-will employment doctrine, which can differ from other states with more restrictive termination protections.
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Non-compete and confidentiality clauses in Texas contracts are governed by specific state laws that can impact their enforceability and duration.
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Texas mandates compliance with the Texas Payday Law, which outlines requirements for wage payments and deductions unique to Texas employees.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract legally required for HR assistants in Texas?
A: No, employment contracts are not legally required, but having one provides clarity on roles, compensation, and terms.
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Q: What should be included in a Texas HR assistant employment contract?
A: Include job duties, compensation, benefits, termination terms, confidentiality clauses, non-compete, and compliance with Texas laws.
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Q: Can employers terminate HR assistants without cause in Texas?
A: Yes. Texas follows at-will employment, allowing either party to terminate the employment relationship at any time, with or without cause.
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Texas HR Assistant Employment Agreement
This Full-Time HR Assistant Employment Agreement (the “Agreement”) is made and entered into as of [Date] by and between [Employer Name], a [State] [Entity Type] with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).
WHEREAS, Employer desires to employ Employee as a full-time HR Assistant; and
WHEREAS, Employee desires to accept such employment.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Position
- Employee is hired as a full-time HR Assistant.
- Job Description:
- Maintaining personnel records.
- Assisting with recruitment and onboarding.
- Processing new hire paperwork.
- Supporting benefits administration.
- Coordinating mandatory trainings.
- Updating employee databases.
- Tracking time-off requests.
- Supporting payroll input (but not full payroll processing).
- Preparing HR-related correspondences.
- Supporting compliance efforts with I-9, EEO, OSHA, and other regulatory filings.
- Managing HR office supplies.
- Providing frontline support for employee inquiries.
- Maintaining confidentiality of sensitive employment documents.
2. Reporting Relationship
- Option A: Employee will report directly to the HR Manager, [HR Manager Name].
- Option B: Employee will report directly to the Director of Human Resources, [HR Director Name].
3. Work Location
- The primary work location is Employer’s office located at [Employer Address] in Texas.
- Option A: Remote work is not permitted.
- Option B: Remote/Hybrid work is permitted as per Employer's remote work policy. Employee must ensure secure handling of personnel records and confidential materials during remote work.
4. Employment Status and Work Schedule
- This is a full-time employment position under Texas law.
- Regular weekly working hours: [Number] hours per week.
- Work schedule: [Days of the Week], [Start Time] to [End Time].
- Lunch and rest break entitlements: As per Texas law and Employer's policy.
- Overtime Eligibility:
- Option A: Employee is non-exempt and eligible for overtime pay under the FLSA and Texas Payday Law.
- Option B: Employee is exempt from overtime pay.
- Overtime Approval: All overtime must be pre-approved by [Manager Name/Title]. Employee must accurately document all overtime hours worked.
5. Compensation
- Option A: Hourly rate: [Dollar Amount] per hour.
- Option B: Annual salary: [Dollar Amount] per year.
- Frequency of wage payment: [Weekly/Bi-weekly/Monthly].
- Method of wage payment: Direct deposit.
- Payroll cycle: [Start Date] to [End Date].
- Bonus/Incentive Plan:
- Option A: Employee is eligible for a performance bonus as outlined in the attached bonus plan document.
- Option B: Employee is not eligible for a bonus/incentive plan.
6. Employee Benefits
- Employer-sponsored health insurance: Eligibility after [Number] days of employment.
- Employer-sponsored dental insurance: Eligibility after [Number] days of employment.
- Employer-sponsored vision insurance: Eligibility after [Number] days of employment.
- Option A: 401(k) or Retirement plan: Eligibility after [Number] months of employment.
- Option B: 401(k) or Retirement plan: Not offered.
- PTO (Vacation, Sick, etc.): As per Employer’s PTO policy, consistent with Texas and FMLA requirements.
- Observed Holidays: As per Employer’s holiday schedule.
- Short-term disability: Eligibility as per Employer's policy.
- Employee Assistance Program (EAP): Offered.
- Professional Development/HR Certification Support:
- Option A: Employer will reimburse [Dollar Amount] annually for SHRM/HRCI certification fees.
- Option B: No professional development support is offered.
7. At-Will Employment
Employment is at-will, as permitted by Texas law. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to company policies for notice period, final paycheck, return of confidential materials, and exit procedures.
8. Workplace Policies and Compliance
- Employee agrees to adhere to all applicable federal and Texas labor laws.
- Employee agrees to adhere to Employer’s anti-harassment and EEO policies.
- Employee agrees to participate in mandatory trainings for HR personnel (anti-harassment, workplace safety, and Texas-specific compliance modules).
- Employee agrees to comply with all privacy and data handling obligations, including safeguarding personal identifiable information and protected health information in accordance with state and federal law (including TPIA where applicable).
9. Confidentiality and Data Security
Employee shall not disclose or use any confidential information, including personnel data, company trade secrets, or employee relations information, without authorization.
These confidentiality obligations extend beyond termination of employment.
10. Records Management
Employee shall maintain, store, and destroy HR personnel files and records in compliance with Texas records retention laws and federal statutes (Title VII, ADA, ADEA, FLSA).
11. Intellectual Property
All HR-related forms, templates, manuals, documentation, or training materials developed during employment are the exclusive property of the Employer.
12. Conflict of Interest
- Employee shall disclose any outside employment, relationships with current/potential employees, or any activities that may impair impartiality or confidentiality in HR processes.
- Employee shall not engage in outside HR consulting or recruitment activities during employment.
13. Company Property and Electronic Resources
- Employee shall not use company property or electronic resources for unauthorized purposes.
- Employee shall comply with Employer’s IT security, email, and data access policies.
14. Reporting Workplace Concerns
Employee shall report any workplace concerns or violations, including violations of law or Employer policy, without fear of retaliation. Refer to Texas Workforce Commission channels and requirements.
15. Mandatory Reporting
Employee shall comply with all mandatory reporting obligations under Texas law (e.g., reporting workplace injuries, knowledge of harassment, or child/elder abuse if applicable in certain HR-related roles).
16. Occupational Health and Safety
Employer is committed to providing a safe workplace. Employee shall assist in OSHA documentation and reporting as required.
17. Trade Secrets
Employee shall comply with the Texas Uniform Trade Secrets Act.
18. Non-Solicitation
Employee shall not solicit employees or clients for [Number] months post-termination.
19. Non-Compete
- Option A: No non-compete agreement is required.
- Option B: Employee agrees not to work for a direct competitor in [Specific Field] for [Number] months post-termination within [Geographic Area], as permitted by the Texas Business & Commerce Code. This restriction is narrowly tailored to protect legitimate business interests related to workforce planning data.
20. Texas Workforce Commission Matters
Employee shall support Employer in handling Texas Workforce Commission wage claims or unemployment insurance matters as required.
21. Dispute Resolution
- Option A: Any disputes shall be resolved through negotiation and mediation.
- Option B: Any disputes shall be resolved through binding arbitration in accordance with the Employer's Arbitration Policy.
- Venue for any legal action shall be in [County] County, Texas.
- Texas law shall govern this Agreement.
22. Background Checks and Eligibility
- Employment is contingent upon successful completion of required background checks and/or drug testing.
- Employee acknowledges employment eligibility under the Texas Right to Work Law and agrees to accurately complete federal Form I-9.
23. Entire Agreement and Amendments
- This Agreement constitutes the entire agreement between the parties.
- Any amendments to this Agreement must be in writing and signed by both parties.
24. Employee Handbook
Employee acknowledges receipt of the Employee Handbook and relevant workplace policies.
25. Governing Law and Modification
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. All elements are subject to adjustment in accordance with changes in Texas or federal law, company policy, or operational requirements, as may apply to the HR Assistant position.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
Date: [Date]
[Employee Name]
Signature: ____________________________
Date: [Date]