Vermont graphic designer employment contract template

Vermont Full-Time Graphic Designer Employment Agreement

This Full-Time Graphic Designer Employment Agreement ("Agreement") is made and entered into as of [Date] by and between [Employer Legal Name], a [State] [Entity Type, e.g., corporation] with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

Contact Information:

• Employer Contact: [Employer Contact Person], [Employer Phone Number], [Employer Email Address]
• Employee Contact: [Employee Phone Number], [Employee Email Address]

Position:

• The Employer hereby employs Employee as a Full-Time Graphic Designer.
• Job Duties: The Employee's duties shall include, but not be limited to:
  • Creation of digital and print marketing materials.
  • Branding and identity development.
  • Typography and layout design.
  • Logo development and refinement.
  • Image editing and manipulation.
  • Prepress file preparation for print production.
  • Client presentations and design rationale.
  • Project management and adherence to deadlines.
  • Collaboration with marketing and product teams.
  • Compliance with accessibility standards (e.g., ADA) for all designs.
  • Proficient use of design software including [Specify Software, e.g., Adobe Creative Cloud, Figma].
  • Adherence to the Employer's brand guidelines.
  • Incorporating client feedback and revisions.
  • Maintaining version control and managing design assets within company systems.

Work Location:

• The Employee's primary work location is [City, Vermont].
• Remote Work Option: Subject to Employer’s remote work policy, the Employee may be eligible for [Option A: Fully Remote, Option B: Hybrid (Specify Schedule), Option C: No Remote Work]. The Employer’s remote work policy is available at [Location of Policy].

Hardware and Software:

• The Employer will provide the following hardware and software: [List Hardware and Software Provided].
• Data Security: The Employee is responsible for maintaining the confidentiality and security of all company and client data, adhering to the Employer’s data security protocols as outlined in [Location of Policy].

Employment Type and Hours:

• This is a full-time employment position.
• Weekly Hours: The standard workweek is [Number] hours per week.
• Overtime:
  • Option A (Exempt): This position is classified as exempt from overtime pay under applicable Vermont and federal law.
  • Option B (Non-Exempt): Employee shall be compensated for overtime hours (hours worked over 40 in a workweek) at a rate of one and one-half (1.5) times the Employee's regular hourly rate, in accordance with Vermont law.
• Break/Lunch: The Employee is entitled to breaks and meal periods as required by Vermont law.
• Time Tracking: The Employee is required to track their work hours using [Specify Time Tracking System].

Compensation:

• Salary: The Employee's annual salary will be [Dollar Amount], payable [Pay Frequency, e.g., bi-weekly].
• Hourly Rate (if applicable): The Employee's hourly rate is [Dollar Amount].
• Payment Method: Wages will be paid by [Option A: Direct Deposit, Option B: Payroll Card].
• Bonus/Commission:
  • Option A: Bonus: The Employee may be eligible for a performance-based bonus as determined by the Employer, subject to the terms outlined in the Employer’s bonus plan [Location of Bonus Plan].
  • Option B: Commission: The Employee may be eligible for commissions as determined by the Employer, subject to the terms outlined in the Employer’s commission plan [Location of Commission Plan].
  • Option C: No Bonus/Commission: The Employee is not eligible for any bonus or commission payments.

Benefits:

• Paid Sick Leave: The Employee will accrue paid sick leave in accordance with Vermont law.
• Vacation Time: The Employee will accrue [Number] days of paid vacation time per year.
• Family/Medical Leave: The Employee is eligible for family and medical leave in accordance with the Vermont Parental and Family Leave Act.
• Health Insurance: The Employee is eligible for health insurance coverage, subject to the terms of the Employer's health insurance plan.
• Dental Insurance: The Employee is eligible for dental insurance coverage, subject to the terms of the Employer's dental insurance plan.
• Vision Insurance: The Employee is eligible for vision insurance coverage, subject to the terms of the Employer's vision insurance plan.
• Retirement Plan: The Employee is eligible to participate in the Employer's [Retirement Plan Type, e.g., 401(k)] plan, subject to the plan's terms and conditions.
• Professional Development: The Employee may be eligible for reimbursement for professional development expenses, subject to Employer approval and budget limitations.
• Equipment Stipend (if applicable): The Employee may be eligible for an equipment stipend of [Dollar Amount].

Intellectual Property:

• All works, designs, art, branding, source files, creative concepts, and related deliverables produced by the Employee within the scope of their employment shall be considered "work-made-for-hire" and owned exclusively by the Employer, pursuant to the U.S. Copyright Act and Vermont law.
• Pre-Existing Works: The Employee shall disclose any pre-existing works that may be incorporated into their work for the Employer.
• Portfolio Use: Following termination of employment, the Employee may display examples of their work for the Employer in their professional portfolio only with the Employer's prior written consent and subject to any applicable non-disclosure agreements and client confidentiality requirements.
• Third-Party Assets: The Employee shall ensure that all third-party design assets, stock images, fonts, and open-source materials used in their work are properly licensed and documented.

Confidential Information:

The Employee acknowledges that they will have access to confidential information belonging to the Employer, including but not limited to client identities, branding strategies, creative briefs, design concepts, internal feedback, and unreleased marketing materials. The Employee agrees to hold such information in strict confidence and not to disclose it to any third party. This obligation survives termination of employment.

Non-Solicitation:

The Employee agrees not to solicit any clients or employees of the Employer during their employment and for a period of [Number] months following termination of employment.

Non-Compete (Subject to Vermont Law):

• Option A (No Non-Compete): There shall be no non-compete agreement between Employee and Employer.
• Option B (Non-Compete – Use with CAUTION, consult Vermont counsel): The Employee agrees that, for a period of [Number] months following termination of employment, they will not engage in any business or employment that is directly competitive with the Employer within a [Geographic Area]. This non-compete agreement is subject to the requirements of Vermont law, including 21 V.S.A. § 495, and is considered reasonable in scope and duration. The Employee acknowledges receipt of adequate consideration for this agreement. Employee has the right to opt-out of the non-compete by providing written notice to Employer within [Number] days of accepting this agreement.

Professional Standards and Conduct:

The Employee shall adhere to the highest professional standards in all aspects of their work, including providing timely feedback, incorporating revisions, meeting deadlines, and resolving disputes over creative direction in a professional manner. The Employee shall also abide by any applicable client, agency, or advertising industry codes of conduct.

Use of Employer Resources:

The Employee shall use the Employer's digital assets, proprietary fonts, stock image libraries, and company-issued devices solely for the purposes of performing their job duties. The Employee is responsible for maintaining the security and integrity of these resources and for returning all such resources upon termination of employment. The Employee is required to keep all software updated and follow the employer’s IT policies.

Performance Evaluation:

The Employee's performance will be evaluated on a regular basis, with formal reviews conducted [Frequency, e.g., annually]. Feedback will be provided on the Employee's creative skills, project management abilities, and overall contribution to the team.

At-Will Employment:

• This is an at-will employment agreement, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to Vermont law.
• Resignation: The Employee shall provide the Employer with [Number] weeks' written notice of resignation.
• Termination: The Employer may terminate the Employee's employment at any time, with or without cause, subject to Vermont law.
• Final Pay: Upon termination of employment, the Employee will receive their final paycheck, including all accrued and unused vacation time, in accordance with Vermont law.
• Return of Property: Upon termination of employment, the Employee shall return all company property, including but not limited to computers, mobile phones, and design assets. The employee will delete all company creative content from personal devices.

Anti-Discrimination and Harassment:

The Employer is committed to providing a workplace free of discrimination and harassment. The Employer prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, or any other characteristic protected by federal, state, or local law, including the Vermont Fair Employment Practices Act.

Dispute Resolution:

In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiation. If negotiation fails, the parties may agree to submit the dispute to mediation. The venue for any legal action shall be in [County], Vermont, and Vermont law shall govern the interpretation and enforcement of this Agreement. The employee may also be eligible to file a complaint with the Vermont Department of Labor.

Workplace Safety:

The Employer is committed to providing a safe and healthy workplace for all employees, in compliance with applicable OSHA standards and Vermont safety statutes. The Employer will provide reasonable ergonomic accommodations for computer workstations.

Union Membership:

• Option A: Unionized: This position is subject to the terms of a collective bargaining agreement with [Union Name].
• Option B: Non-Unionized: This position is not subject to a collective bargaining agreement.

Legal Counsel:

The parties acknowledge that they have had the opportunity to consult with legal counsel regarding this Agreement and that they are entering into this Agreement voluntarily and with full understanding of its terms and conditions. The employee acknowledges that they are not waiving any rights under Vermont or Federal law.

Severability:

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

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.

Amendment:

This Agreement may be amended only by a written instrument signed by both parties.

Vermont Law Disclosures:

The Employee acknowledges that they have received the required Vermont employment-at-will disclosure and wage notice.

Specific Industry/Company Adjustments:

[Specify any additional adjustments based on the design discipline, agency vs. in-house work, or industry-specific regulations relevant to the Vermont client base (e.g., higher education, healthcare)]

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

Signature: _________________________