Utah employment contract template

Utah Employment Contract

This Employment Contract (the “Agreement”) is made and entered into as of this [Date], by and between [Employer Legal Name], a [State] [Legal Entity Type, e.g., Corporation, LLC], with its principal place of business at [Employer Address] (“Employer”), and [Employee Full Name], residing at [Employee Address] (“Employee”).

1. Employment

Option A: The Employer hereby employs Employee, and Employee hereby accepts employment with the Employer, subject to the terms and conditions of this Agreement.

Option B: Employee shall perform services for Employer, and Employer shall compensate Employee, as specified in this Agreement.

2. Position and Responsibilities

Employee's Position: [Employee's Job Title]

Department: [Department Name]

Reports to: [Supervisor's Name/Title]

Option A: Job Description and Responsibilities: Employee’s responsibilities include, but are not limited to, the duties and responsibilities described in Exhibit A attached hereto and incorporated herein.

Option B: Job Description and Responsibilities: Employee will perform such duties as are typically associated with the position described above, and such other duties as may be assigned by Employer from time to time.

3. Work Location

Option A: Primary Work Location: The Employee's primary work location shall be [Work Location Address].

Option B: Remote Work: The Employee may work remotely, subject to the Employer's policies and procedures regarding remote work, as amended from time to time. Remote work is subject to revocation at any time with written notice.

Option C: Hybrid Work: The Employee's work schedule shall consist of a combination of work performed at the Employer's primary work location ([Work Location Address]) and remote work, as agreed upon by the Employee and the Employee’s supervisor.

Option D: Travel: Employee understands and agrees that this position may require travel, including overnight travel, to various locations as required by the Employer.

4. Employment Classification and FLSA Status

Option A: Employment Classification: Full-time

Option B: Employment Classification: Part-time

Option C: Employment Classification: Temporary

Option D: Employment Classification: Seasonal

Option E: Employment Classification: Intern

Option F: Employment Classification: Contractor

Option A: FLSA Status: Exempt from overtime under the Fair Labor Standards Act.

Option B: FLSA Status: Non-exempt from overtime under the Fair Labor Standards Act. Employee is entitled to overtime pay as required by federal and Utah law.

5. Start Date and Term

Start Date: [Start Date]

Option A: Term: Indefinite (At-Will Employment)

At-Will Employment: Employee's employment is “at-will,” meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. This at-will employment relationship can only be modified by a written agreement signed by an officer of the Employer. This at-will relationship does not affect obligations regarding confidential information or intellectual property.

Option B: Term: Fixed-Term

Duration: This Agreement shall be for a term of [Number] [Months/Years], commencing on the Start Date and ending on [End Date].

Renewal/Evaluation: Renewal of this Agreement shall be subject to a performance evaluation and mutual written agreement of the parties. The evaluation shall be completed no later than [Date].

Automatic Termination: Upon the end date specified, this agreement shall terminate automatically, without further notice required.

6. Compensation

Option A: Base Salary: Employee shall receive a base salary of [Dollar Amount] per [Year/Month], payable in accordance with the Employer's standard payroll schedule.

Option B: Hourly Wage: Employee shall be paid an hourly wage of [Dollar Amount] per hour, for all hours worked.

Option C: Commission: Employee shall be compensated based on a commission structure as described in Exhibit B attached hereto and incorporated herein.

Option A: Overtime Compensation: For non-exempt employees, overtime shall be paid at a rate of one and one-half (1.5) times the Employee's regular rate of pay for all hours worked in excess of forty (40) hours in a workweek, as required by the Fair Labor Standards Act and Utah law.

Option B: No Overtime Compensation: For exempt employees, the stated salary is intended to compensate for all hours worked, and no additional compensation will be paid for hours exceeding forty (40) in a workweek.

Pay Frequency and Method: Employee shall be paid [Pay Frequency, e.g., bi-weekly, semi-monthly] via [Pay Method, e.g., direct deposit, check].

Option A: Incentive/Bonus Plan: Employee may be eligible for a discretionary bonus as determined by Employer, based on performance and company profitability.

Discretionary: Any bonus is purely discretionary, and the Employer reserves the right to modify or terminate the bonus plan at any time.

Option B: Incentive/Bonus Plan: Employee shall be eligible for a non-discretionary bonus as described in Exhibit C attached hereto and incorporated herein.

Option A: Signing Bonus: Employee shall receive a signing bonus of [Dollar Amount], payable [Payment Terms, e.g., upon commencement of employment].

Repayment Clause: If Employee voluntarily terminates employment within [Number] [Months/Years] of the Start Date, Employee shall repay the Employer the full amount of the signing bonus.

Option B: Retention Bonus: Employee shall receive a retention bonus of [Dollar Amount], payable [Payment Terms, e.g., after one year of continuous employment].

7. Benefits

Option A: Health Insurance: Employee shall be eligible to participate in the Employer's health insurance plan, subject to the terms and conditions of the plan.

Option B: Dental Insurance: Employee shall be eligible to participate in the Employer's dental insurance plan, subject to the terms and conditions of the plan.

Option C: Vision Insurance: Employee shall be eligible to participate in the Employer's vision insurance plan, subject to the terms and conditions of the plan.

Option D: Life Insurance: Employee shall be eligible for life insurance coverage as provided by the Employer, subject to the terms and conditions of the plan.

Option E: Disability Insurance: Employee shall be eligible for disability insurance coverage as provided by the Employer, subject to the terms and conditions of the plan.

Option F: Retirement Plan (401(k)): Employee shall be eligible to participate in the Employer's 401(k) retirement plan, subject to the terms and conditions of the plan.

Option G: Paid Time Off (PTO): Employee shall accrue paid time off (PTO) in accordance with the Employer's PTO policy, as amended from time to time.

Option H: Vacation Time: Employee shall be entitled to [Number] days of paid vacation per [Year/Month], accrued in accordance with the Employer’s policy.

Option I: Sick Leave: Employee shall accrue sick leave in accordance with the Employer’s policy. Utah does not mandate paid sick leave.

Option J: Holidays: Employee shall be entitled to paid holidays as designated by the Employer.

Option K: Parental Leave: Employee shall be eligible for parental leave in accordance with applicable federal and state laws and the Employer's parental leave policy.

Option L: Unpaid Leave: Employee may be eligible for unpaid leave in accordance with the Family and Medical Leave Act (FMLA) or other applicable laws.

Other Benefits: [List Other Benefits, e.g., Employee Assistance Program, Tuition Reimbursement]

8. Work Schedule

Option A: Predefined Hours: Employee's work schedule shall be [Days of the Week], from [Start Time] to [End Time].

Option B: Flexible Hours: Employee's work schedule shall be flexible, subject to the needs of the Employer and approval by the Employee's supervisor.

Shift Scheduling: The Employee’s work schedule may be subject to change based on business needs, as determined by the Employer. Employee will be given reasonable notice of any changes to their work schedule.

Meal and Rest Breaks: Employee shall be entitled to meal and rest breaks in accordance with Utah law and Employer policy. Note: Utah law does not mandate meal or rest breaks for most employees, but breaks offered should comply with federal law if applicable.

Overtime and Holiday Work: Employee may be required to work overtime and/or on holidays as needed by the Employer. Compensation for such work will be in accordance with Section 6 of this Agreement and applicable law.

9. Employee Conduct and Workplace Policies

Standards of Conduct: Employee shall conduct themselves in a professional and ethical manner at all times, and shall comply with all applicable laws, rules, and regulations.

Option A: Dress Code: Employee shall adhere to the Employer's dress code policy, as amended from time to time.

Option B: Code of Conduct: Employee shall abide by the Employer’s Code of Conduct.

Option C: Substance Abuse Policy: Employee shall comply with the Employer's substance abuse policy, as amended from time to time.

Other Policies: [List Other Policies, e.g., Internet Usage Policy, Social Media Policy]

10. Intellectual Property and Confidentiality

Option A: Intellectual Property: Employee agrees that all inventions, works, or discoveries made or conceived by Employee during the term of employment, whether or not made during working hours or with the use of Employer's resources, shall be the sole and exclusive property of the Employer. Employee will execute all documents necessary to assign such rights to Employer.

Option B: Confidentiality: Employee agrees to hold in confidence all confidential information of the Employer and its clients, both during and after the term of employment. This includes, but is not limited to, trade secrets, customer lists, financial information, and business plans.

Non-Disclosure Agreement: The terms of confidentiality are further defined in the Non-Disclosure Agreement, attached hereto as Exhibit D.

11. Non-Compete, Non-Solicitation, and Non-Disparagement

Option A: Non-Compete: Employee agrees that during the term of employment and for a period of one (1) year following termination of employment, Employee shall not engage in any business or activity that is directly competitive with the Employer's business within [Geographic Area]. Note: Utah law limits non-compete agreements to one year post-termination. Consideration is required for enforceability.

Option B: Non-Solicitation: Employee agrees that during the term of employment and for a period of [Number] [Months/Years] following termination of employment, Employee shall not solicit the Employer's employees, customers, or vendors.

Option C: Non-Disparagement: Employee agrees not to make any disparaging or negative statements about the Employer, its employees, officers, or products/services, either during or after the term of employment.

12. Post-Employment Obligations

Return of Property: Upon termination of employment, Employee shall immediately return to the Employer all property of the Employer, including, but not limited to, computers, cell phones, documents, and data.

Final Pay: Employee's final paycheck, including all earned wages and accrued but unused vacation time (if applicable under Employer policy), shall be paid in accordance with Utah law.

13. Termination

Option A: Resignation: Employee may resign from employment by providing the Employer with [Number] [Days/Weeks] written notice.

Option B: Layoff: The Employer may layoff the Employee due to economic conditions or business needs, with or without notice, subject to applicable law.

Option C: Involuntary Termination: The Employer may terminate the Employee's employment for cause, including, but not limited to, misconduct, poor performance, or violation of Employer policies.

Option A: Severance: Upon involuntary termination without cause, the Employee shall be entitled to severance pay as described in Exhibit E attached hereto and incorporated herein.

Option B: No Severance: Employee understands that upon termination for any reason, they are not entitled to severance pay beyond accrued vacation and wages.

Dispute of Termination: Any dispute regarding termination shall be resolved in accordance with the dispute resolution procedures set forth in Section 17 of this Agreement.

14. Anti-Discrimination and Equal Employment Opportunity

Equal Opportunity: Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by federal, state, or local law.

Protected Classes: This includes, but is not limited to, the protected classes defined under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Utah Antidiscrimination Act.

[Optional Statement of Inclusion or DEI commitments]

15. Workplace Safety and Health

Option A: OSHA Compliance: Employer shall comply with all applicable rules and regulations of the Occupational Safety and Health Administration (OSHA) and the Utah Occupational Safety and Health Division (UOSH).

Option B: Workers' Compensation: Employee shall be covered by the Employer's workers' compensation insurance policy in accordance with Utah law.

Reporting Workplace Concerns: Employee is encouraged to report any workplace safety or health concerns to the Employer's designated safety officer or supervisor.

Option A: Whistleblower Protection: Employer prohibits retaliation against any employee who reports a violation of law or regulation in good faith, as protected by Utah whistleblower laws.

Option B: Harassment-Free Workplace: Employer is committed to providing a harassment-free workplace. Employee shall adhere to the Employer's harassment policy, as amended from time to time.

16. Dispute Resolution

Option A: Mediation: Any dispute arising out of or relating to this Agreement shall be submitted to mediation in [City, County], Utah before resorting to arbitration or litigation.

Option B: Arbitration: Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, County], Utah.

Option C: Litigation: Any dispute arising out of or relating to this Agreement shall be resolved in the state or federal courts located in [City, County], Utah.

Choice of Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. The venue for any legal action shall be [City, County], Utah.

17. Miscellaneous

Modifications and Amendments: This Agreement may be modified or amended only by a written instrument signed by both parties.

Integration/Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

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

Assignment and Delegation: This Agreement may not be assigned or delegated by the Employee without the prior written consent of the Employer. The Employer may assign this Agreement.

Mandatory Notices:

Electronic Signature Consent: By signing this Agreement electronically, both parties consent to the use of electronic signatures and acknowledge that they are legally binding.

Acknowledgment and Acceptance

By signing below, the parties acknowledge that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

Date: [Date]

[Employee Full Name]

Signature: ____________________________

Date: [Date]