Texas IT assistant employment contract template
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How Texas IT assistant employment contract Differ from Other States
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Texas permits at-will employment, allowing termination by either party at any time unless a contract stipulates otherwise.
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Non-compete clauses in Texas must be reasonable in scope, time, and geography, as defined under Texas Business & Commerce Code.
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Texas does not require employers to provide paid vacation or sick leave, differing from some states with mandatory leave policies.
Frequently Asked Questions (FAQ)
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Q: Is an IT assistant employment contract required in Texas?
A: No, written contracts are not required by law, but having one protects both employer and employee rights.
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Q: Can a Texas IT assistant contract include an at-will employment clause?
A: Yes, most Texas employment contracts include an at-will clause unless otherwise specified.
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Q: Are non-disclosure agreements enforceable in Texas IT assistant contracts?
A: Yes, NDAs are generally enforceable if the terms are reasonable and protect legitimate business interests.
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Texas IT Assistant Employment Contract
This Texas IT Assistant Employment Contract (the "Agreement") is made and entered into as of [Date of Signing], by and between [Employer Legal Name], a [State] [Business Entity Type] with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee"). The Effective Date of this Agreement is [Effective Date].
1. Position and Job Duties
Option A: The Employer hereby employs the Employee as a full-time IT Assistant.
Option B: The Employee shall report directly to [Direct Supervisor Name or Job Title] or the IT Department Manager.
The Employee's primary duties include, but are not limited to:
- Desktop support and troubleshooting hardware and software issues.
- Configuring and maintaining workstations.
- Managing Active Directory accounts and user permissions.
- Supporting network connectivity and resolving network-related issues.
- Installing and updating applications and operating systems.
- Setting up and supporting mobile devices.
- User onboarding and offboarding processes related to IT systems.
- Equipment inventory management.
- Performing password resets and account unlocks.
- Handling helpdesk tickets and providing timely responses.
- Escalating complex IT problems to senior staff.
- Maintaining IT documentation and knowledge base.
- Enforcing IT security policies and procedures.
- Monitoring patch management and antivirus systems.
- Coordinating with vendors for hardware repairs or warranty claims.
2. Required Skills and Qualifications
Option A: Required technical skills include proficiency in Windows/MacOS support, Office365 administration, basic networking principles, and printer management.
Option B: Preferred certifications include CompTIA A+ and Microsoft technology certifications.
Option C: Minimum [Number] years of experience in IT assistance or a related field are required.
3. Reporting and Expectations
Option A: The Employee shall provide prompt responses to helpdesk tickets.
Option B: The Employee is expected to participate in weekly team meetings.
Option C: The Employee may be required to participate in an after-hours on-call rotation schedule, as assigned.
4. Work Location and Remote Work
Option A: The primary work location is [Employer Address], the Employer's designated Texas office or facility.
Option B: In-state remote work may be permitted according to the Employer’s remote work policy, which covers:
- Provision, return, and security of company-issued devices.
- Requirements for VPN use and access control.
- Compliance with Texas data breach notification requirements.
5. Employment Status and Work Hours
Option A: The Employee's employment is classified as full-time and [Exempt/Non-Exempt] under the Fair Labor Standards Act (FLSA) and Texas Payday Law.
Option B: The standard weekly work hours are [Number].
Option C: The expected shift is [Shift Time].
Option D: Overtime work requires prior written approval from [Approving Authority] and will be compensated according to Texas state law. Texas law does not mandate meal or rest breaks. The employer's policy regarding breaks is [Employer Break Policy].
6. Compensation and Benefits
Option A: The Employee's annual salary is [Salary Amount], payable [Pay Period] via direct deposit.
Option B: The Employee's hourly wage is [Wage Amount], payable [Pay Period] via direct deposit.
Option C: Overtime will be paid at a rate of 1.5 times the Employee's regular hourly rate for hours worked over 40 in a workweek, as required by Texas law.
Option D: The Employee is eligible for the following benefits, subject to the Employer's policies and eligibility requirements:
- Health, dental, and vision insurance with eligibility after [Waiting Period].
- 401(k) or other retirement plan.
- Paid time off (vacation, sick leave) as per the Employer's PTO policy.
- [Number] paid holidays per year, respecting Texas legal holidays and company policy.
- Remote work stipend of [Stipend Amount] (if applicable).
- Eligibility for technical skills or certification training and/or reimbursement.
7. Intellectual Property
All software code, automated scripts, support utilities, configuration documentation, or troubleshooting guides created by the Employee within the scope of employment are the sole property of the Employer.
Personal projects using company resources require prior written approval from [Approving Authority].
Any open-source contributions related to work require employer pre-approval.
8. Confidentiality
The Employee agrees to maintain the confidentiality of all sensitive information, including user accounts, passwords, personal data, system logs, internal documentation, proprietary software, network designs, and trade secrets.
This confidentiality obligation continues beyond the termination of employment.
9. IT Security Policies
The Employee must comply with all Employer's IT security policies, including requirements for data protection, device encryption, restricted admin privileges, password management, and adherence to the Texas Identity Theft Enforcement and Protection Act.
The Employee must immediately report any suspected security breaches or violations.
Installation of unauthorized software or connection of external devices is prohibited.
10. Outside Employment
The Employee shall not engage in any external employment or outside IT services for competitors or clients of the Employer during the term of this Agreement without prior written consent.
The Employee must disclose any outside activities that may present a conflict of interest.
11. Non-Compete/Non-Solicitation
Option A: The Employee agrees that during the term of employment and for a period of [Number] months following termination, the Employee will not, within a [Number] mile radius of [Employer Location], directly or indirectly engage in or be employed by any business that competes with the Employer’s business, specifically [Describe Competing Business].
Option B: The Employee agrees not to solicit or attempt to solicit any employees or customers of the Employer during the term of employment and for a period of [Number] months following termination.
These covenants are intended to protect the Employer’s legitimate business interests and are narrowly tailored in scope, duration, and geography as permitted under Texas law.
12. Non-Disparagement
The Employee agrees not to disparage the Employer, its products, services, employees, or reputation, either during or after the term of employment.
The Employee must adhere to the Employer's social media policy.
13. At-Will Employment
The Employee's employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to the provisions of this Agreement.
Option A: In the event of voluntary resignation, the Employee shall provide [Number] weeks written notice to the Employer.
Option B: Upon termination, the Employee shall promptly return all company property, including devices and access credentials.
Option C: Final wage payments will be made in accordance with Texas Payday Law.
Option D: Severance arrangements, if any, will be as defined in a separate agreement.
14. Dispute Resolution
Option A: Any disputes arising out of or relating to this Agreement shall be resolved through internal dispute escalation, followed by mediation in [City, Texas].
Option B: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in [City, Texas], in accordance with the rules of the American Arbitration Association.
Option C: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The forum for any legal action shall be in [County, Texas].
15. Anti-Discrimination
The Employer is an equal opportunity employer and complies with all applicable state and federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Texas Labor Code Chapter 21.
The Employer prohibits discrimination based on race, color, national origin, sex, religion, age, disability, citizenship, or any other protected category.
The Employer maintains a strict anti-harassment and anti-retaliation policy.
16. Workplace Safety
The Employee must comply with all applicable OSHA and Texas-specific workplace safety laws, including requirements for ergonomic and electrical safety in IT settings.
The Employee must report any suspected workplace safety violations immediately.
17. Other Policies
The Employee agrees to adhere to the Employer's Texas Workers' Compensation policies or alternate on-the-job injury procedures.
The Employee acknowledges the Employer's drug-free workplace policy (if applicable).
The Employee acknowledges the possibility of electronic monitoring or surveillance as applicable for IT roles.
The Employee must comply with the Employer's policies regarding the use and security of remote management software, asset tracking, acceptable use of email and internet, and software licensing audits.
18. Amendments
This Agreement may be amended or updated only by a written instrument signed by both parties.
19. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter hereof.
20. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Legal Name]
By: ____________________________
[Employer Representative Name]
Title: ____________________________
____________________________
[Employee Legal Name]
____________________________
Date