Virginia employment contract template

Virginia Employment Contract

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

1. Basic Information

• Employer:
  • Legal Name: [Employer Legal Name]
  • Address: [Employer Address]
  • Entity Type: [Entity Type]
  • Representative: [Representative Name], [Representative Title]
  • Contact Information: [Employer Phone Number], [Employer Email Address]
• Employee:
  • Full Name: [Employee Full Name]
  • Address: [Employee Address]
  • Contact Information: [Employee Phone Number], [Employee Email Address]
  • Social Security Number (Required for Tax Purposes): [Employee SSN]

2. Position and Duties

• Position/Title: [Employee Job Title]
• Job Description and Duties: [Detailed Description of Job Responsibilities]
• Reporting Relationship: Employee will report to [Supervisor Name], [Supervisor Title]
• Department/Division: [Department/Division]
• Work Location:
  • Primary Work Location: [Primary Work Location Address]
  • Option A: Alternate Work Location: [Alternate Work Location Address]
  • Option B: Telecommuting/Remote Work: [Telecommuting Arrangement Details, e.g., Fully Remote, Hybrid Schedule]
• Nature of Employment:
  • Option A: Full-Time
  • Option B: Part-Time
  • Option C: Temporary
  • Option D: Seasonal
  • Option E: Intern/Apprentice
• FLSA Classification:
  • Option A: Exempt
  • Option B: Non-Exempt

3. Term of Employment

• Option A: At-Will Employment
  • Employment with Employer is at-will. This means that either Employer or Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable federal and Virginia laws prohibiting termination for unlawful reasons.
• Option B: Fixed-Term Employment
  • Commencement Date: [Start Date]
  • End Date: [End Date]
  • Renewal Options: [Renewal Terms, e.g., Automatic Renewal, Renewal Upon Mutual Agreement]
  • Evaluation/Conversion Criteria: [Criteria for Performance Evaluation and Potential Conversion to Permanent Employment]

4. Compensation and Benefits

• Salary/Wage:
  • Option A: Hourly: [Hourly Rate]
  • Option B: Weekly: [Weekly Salary]
  • Option C: Bi-Weekly: [Bi-Weekly Salary]
  • Option D: Monthly: [Monthly Salary]
  • Option E: Annual: [Annual Salary]
• Payment Frequency: [Frequency of Payment, e.g., Bi-Weekly]
• Pay Dates: [Specific Pay Dates or Schedule]
• Overtime Eligibility:
  • Option A: Eligible for overtime pay at a rate of one and one-half (1.5) times the regular hourly rate for hours worked over 40 in a workweek, as required by the FLSA and Virginia law.
  • Option B: Not eligible for overtime pay due to exempt status.
• Commission/Bonus: [Commission/Bonus Structure Details, or "Not Applicable"]
• Payroll Deductions: Allowable payroll deductions will be made in accordance with applicable law.
• Benefits:
  • Health Insurance:
    • Option A: Included
    • Option B: Not Included
  • Dental Insurance:
    • Option A: Included
    • Option B: Not Included
  • Vision Insurance:
    • Option A: Included
    • Option B: Not Included
  • Retirement Plan (e.g., 401(k)):
    • Option A: Included
    • Option B: Not Included
  • Life Insurance:
    • Option A: Included
    • Option B: Not Included
  • Disability Coverage:
    • Option A: Included
    • Option B: Not Included
  • Paid Time Off (PTO): [Number of PTO Days per Year]
  • Sick Leave: [Number of Sick Leave Days per Year]
  • Vacation: [Number of Vacation Days per Year]
  • Bereavement Leave: [Bereavement Leave Policy Details]
  • Holidays: [List of Paid Holidays]
  • Parental/Family/Medical Leave: Employer complies with the Family and Medical Leave Act (FMLA) and any applicable Virginia law. [Specific details of Employer's leave policy beyond legal requirements, if any].
  • Optional Benefits:
    • Meal/Transportation Stipend:
      • Option A: Included: [Stipend Amount and Details]
      • Option B: Not Included
    • Education Reimbursement:
      • Option A: Included: [Reimbursement Policy Details]
      • Option B: Not Included
    • Employee Assistance Program (EAP):
      • Option A: Included
      • Option B: Not Included

5. Employee Conduct and Working Conditions

• Work Hours: [Start Time] - [End Time], [Number] minute break(s).
• Overtime Authorization: Overtime work must be authorized in advance by [Supervisor Name/Title].
• Attendance Requirements: [Specific Attendance Requirements]
• Dress Code: [Dress Code Policy Details]
• Workplace Rules: Employee shall comply with all Employer policies and procedures.
• Standards of Performance: Employee will perform duties to the best of their ability and in accordance with Employer's expectations.
• Disciplinary Policy: [Summary of Disciplinary Policy, or Reference to Employee Handbook]
• Employee Handbook: The Employee Handbook is incorporated by reference into this Agreement.

6. Intellectual Property and Confidentiality

• Confidential Information Definition: [Definition of Confidential Information, e.g., trade secrets, customer lists, financial data]
• Nondisclosure Obligations: Employee agrees to hold Confidential Information in confidence during and after employment.
• Proprietary Rights: All inventions, discoveries, and intellectual property created during employment are the property of Employer.
• Records Return Policy: Upon termination, Employee will return all Employer property, including documents and electronic data.
• Option A: Inventions & Patents: [Specific Clause Regarding Assignment of Inventions and Patent Rights]
• Option B: Trade Secrets: [Specific Clause Regarding Protection of Trade Secrets]

7. Non-Compete, Non-Solicitation, and Post-Employment Restrictions

• Option A: Non-Compete (Note: Virginia law restricts enforceability of non-competes, particularly for low-wage employees.)
  • Covenant Duration: [Duration of Non-Compete Agreement, e.g., 1 year]
  • Geographic Scope: [Geographic Scope of Restriction, e.g., City of Richmond, Commonwealth of Virginia]
  • Restricted Activities: [Specific Activities Restricted, e.g., Working for a direct competitor]
  • Exceptions: [Exceptions to the Non-Compete, if any]
• Option B: Non-Solicitation
  • Covenant Duration: [Duration of Non-Solicitation Agreement, e.g., 2 years]
  • Restricted Activities: [Specific Activities Restricted, e.g., Soliciting Employees or Customers]

8. Termination

• Grounds for Dismissal:
  • Option A: With Cause: [Definition of "Cause" for Termination]
  • Option B: Without Cause
• Resignation Procedures: Employee must provide [Number] days written notice of resignation.
• Notice Requirements:
  • Option A: Employer requires [Number] days written notice for termination without cause.
  • Option B: No notice required for termination without cause in accordance with at-will employment.
• Final Paycheck: Final paycheck will be provided in accordance with Virginia law.
• Benefits Continuation/COBRA Notice: Information regarding benefits continuation will be provided in accordance with COBRA.
• Option A: Severance Pay: [Severance Pay Details]
• Post-Termination Obligations: Return of property and continued confidentiality obligations remain in effect.

9. Wage and Hour Compliance

• Employer will comply with all applicable federal, state, and local wage and hour laws, including minimum wage and overtime requirements.
• Employee is responsible for accurately recording all hours worked.
• Employer maintains accurate timekeeping and payroll records.

10. Dispute Resolution

• Option A: Mediation
  • The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through mediation before resorting to litigation or arbitration.
• 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, State].
  • Option 1: Arbitration is mandatory.
  • Option 2: Arbitration is voluntary.
• Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles.
• Venue: The venue for any legal action relating to this Agreement shall be in the state or federal courts located in [City, Virginia].

11. Health, Safety, and Workers' Compensation

• Employer will comply with all applicable OSHA and Virginia safety laws.
• Employee is responsible for reporting any unsafe conditions or incidents to Employer.
• Employer provides workers' compensation coverage as required by Virginia law.

12. Equal Employment Opportunity and Anti-Discrimination/Anti-Harassment

• 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 protected characteristic under federal or Virginia law, including the Virginia Human Rights Act.
• Employer prohibits harassment of any kind.
• [Detailed Anti-Harassment Policy and Complaint/Reporting Mechanisms]

13. Virginia-Specific Provisions

• Employee's Right to Review Personnel Records: Employee has the right to review their personnel records as provided by Virginia law.
• Background Check/Credit Check/Drug Testing: [Disclosures regarding background checks, credit checks, and drug testing, if applicable, complying with Virginia law]
• Wage Payment Laws: Employer will comply with Virginia's wage payment laws, including final paycheck timing and allowable deductions.
• Virginia Public Policy Exceptions to At-Will Employment: Employer acknowledges Virginia's public policy exceptions to at-will employment, including employee rights related to reporting law violations.
• Special Notice Requirements: [Details of any special notice requirements, such as for medical leave under Virginia law]
• Non-Compete Restrictions: Employer acknowledges that Virginia law significantly limits the enforceability of non-competes, especially for low-wage employees.
• Mandatory Posting/Distribution of Notices: Employer will comply with requirements to post or distribute specific state notices.
• Virginia Paid Leave: Employer will comply with any applicable Virginia-specific paid leave statutes.

14. Additional Clauses (Optional)

• Option A: HIPAA Compliance: [Clause regarding HIPAA compliance if position involves protected health information]
• Option B: Data Security Measures: [Clause outlining data security measures]
• Option C: Social Media Policy: [Reference to Employer's Social Media Policy]
• Option D: Use of Company Equipment Policy: [Reference to Employer's policy on use of company equipment]

15. General Provisions

• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.
• 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: This Agreement may not be assigned by Employee without the prior written consent of Employer.
• Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
• Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The parties consent to the jurisdiction of the courts of the Commonwealth of Virginia for any legal action relating to this Agreement.
• Notice: All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed to the party at the address set forth above.
• Execution by Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
• Electronic Signatures: Electronic signatures shall be accepted as original signatures.

16. Employer/Industry-Specific Disclosures/Custom Terms: [Any other required disclosures or terms specific to the Employer or industry]

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

____________________________
[Employer Legal Name]

By: ____________________________
[Representative Name], [Representative Title]

____________________________
[Employee Full Name]