Virginia graphic designer employment contract template

Virginia Graphic Designer Employment Agreement

This Virginia Graphic Designer Employment Agreement (the “Agreement”) is made and effective as of [Date], by and between [Employer Name], a [State of Incorporation] corporation with a principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Position

The Employer hires the Employee as a full-time Graphic Designer.

• Option A: Job Title: Graphic Designer.
• Option B: Job Title: Senior Graphic Designer.
• Option C: Job Title: Junior Graphic Designer.

The Employee will perform the following duties:

• Creating digital and print visual assets.
• Branding and logo development.
• Designing advertising materials.
• Designing web and social media graphics.
• Illustration.
• Layout development.
• Typography.
• Optimizing assets.
• Collaborating with clients.
• Adhering to brand guidelines.
• Reporting project progress.
• Organizing files.
• Coordinating with printers and vendors.
• Digital proofing.
• Participating in creative brainstorming sessions.
• Other duties as assigned.

Required software and tools:

• Adobe Creative Suite (Photoshop, Illustrator, InDesign, XD).
• Figma, Sketch, Canva.
• Familiarity with relevant file formats and color management systems.
• Use of design hardware provided by Employer or personal hardware as stated: [State hardware responsibilities].

2. Reporting Structure and Location

• Option A: The Employee will report directly to [Supervisor Name], [Supervisor Title].
• Option B: The Employee will work within the [Team Name] team.
• Option C: Performance reviews will be conducted [Frequency of Reviews, e.g., quarterly, annually].

The primary work location is:

• Option A: [Employer Address] (In-office).
• Option B: Remote.
• Option C: Hybrid (combination of in-office and remote). [Specify details of hybrid schedule].

Hardware and Software for Remote/Hybrid positions:

• Option A: Employer will provide all necessary hardware and software.
• Option B: Employee will use their own hardware and software.
  • The requirements of hardware and software owned by employee are: [Specification of Software or Hardware employee must use].

Security protocols for remote/hybrid position:

• Compliance with company-approved file-sharing platforms.
• Secure handling, transmission, and storage of design assets.

3. Employment Classification and Hours

The employment is full-time.

• Option A: The standard workweek is 40 hours per week.
• Option B: Flexible schedule options are available as agreed upon with the supervisor. [Specify flexible schedule details].
• Option C: Overtime work may be required and will be compensated according to Virginia law.

Compliance with Virginia's rest break and minimum wage laws.

4. Compensation

• Option A: The Employee's compensation will be an annual salary of [Salary Amount], payable [Pay Period, e.g., bi-weekly, semi-monthly].
• Option B: The Employee's compensation will be an hourly rate of [Hourly Rate], payable [Pay Period, e.g., bi-weekly, semi-monthly].

Overtime pay will be calculated at 1.5 times the regular rate for hours worked over 40 in a workweek for non-exempt employees, in accordance with Virginia law and the FLSA.

• Option A: Employee is exempt from overtime pay.
• Option B: Employee is non-exempt from overtime pay.

Additional Compensation:

• Option A: Eligibility for performance-based bonuses as determined by Employer. [Specify bonus criteria].
• Option B: Project incentives may be offered for meeting specific design goals. [Specify incentive structure].
• Option C: Employee is not eligible for additional compensation.

5. Benefits

The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable plans and policies:

• Group health insurance.
• Dental insurance.
• Vision insurance.
• 401(k) plan.
• Paid time off (PTO).
  • [Number] days of vacation per year, accrued [Accrual Method].
  • [Number] paid holidays per year, as designated by Employer.
  • [Number] days of sick leave per year, accrued [Accrual Method].
• FMLA eligibility (subject to eligibility requirements).
• Short-term disability insurance.
• Professional development or training stipend of [Dollar Amount] per year.
• Reimbursement for design association dues or conference attendance (subject to approval).
• Commuter benefits (if applicable).

Process for requesting leave: [Specify Leave Request Process]. Compliance with Virginia's sick leave and family care obligations.

6. Intellectual Property

All design work, graphics, concepts, drafts, and creative deliverables produced by the Employee during the course of employment are the sole and exclusive property of the Employer.

• Option A: Pre-existing materials owned by the Employee remain the Employee's property.
• Option B: The Employee retains the right to use non-confidential work in their personal portfolio after publication.
• Option C: All external freelancer work must have written pre-approval from [Name and Title of Approving Authority].

Process for third-party stock or client-supplied material usage: [Outline Process].

7. Confidentiality

The Employee agrees to hold confidential all company and client creative assets, marketing strategies, unpublished campaigns, trade secrets, and other proprietary information.

• Examples of confidential information include: client lists, marketing plans, pricing information, and design prototypes.
• Confidentiality obligations extend beyond termination of employment in accordance with Virginia law.

8. Non-Compete and Non-Solicitation

• Option A: The Employee agrees not to compete with the Employer within [Geographic Scope] for a period of [Duration] following termination of employment.
  • This restriction applies to the following types of work: [Specify Work Type Limitations].
• Option B: The Employee agrees not to solicit the Employer's clients for a period of [Duration] following termination of employment.
  • This restriction applies to clients the employee had direct contact with during their employment.
• Option C: This agreement does not contain a non-compete or non-solicitation clause.

Virginia law restricts non-competes for employees earning below a certain income threshold. This clause is enforceable only if the Employee's earnings meet or exceed that threshold at the time of termination.

9. Professional Conduct

The Employee agrees to adhere to the following standards of professional conduct:

• Adherence to design team workflow processes.
• Compliance with copyright and trademark laws.
• Prohibition on using unlicensed fonts or imagery.
• Appropriate social media/online representation. [Specify expectations].
• Regular participation in reviews and feedback cycles.

10. Technology and Data Security

The Employee agrees to:

• Securely handle, transmit, and store design assets.
• Comply with company-approved file-sharing platforms.
• Use proper email etiquette for client files.
• Restrict personal device use when handling client or agency intellectual property. [Specify Restrictions].

11. Termination

Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause, subject to the notice requirements below.

• Option A: The Employee shall provide [Number] days' written notice of resignation.
• Option B: The Employer may terminate employment for cause, including but not limited to performance issues, misconduct, or redundancy.
• Option C: The Employer may terminate employment without cause.

Final Pay: Upon termination, the Employee will receive all earned but unpaid wages in accordance with Virginia law, including payout of unused leave time based on the current Virginia law.

Return of property: The Employee must return all physical and digital company property upon termination.

12. Post-Termination Obligations

The Employee agrees to:

• Securely delete or transfer digital assets as directed by the Employer.
• Maintain confidentiality of company information.
• Negotiate portfolio rights regarding completed projects with the Employer.

13. Dispute Resolution

Any disputes arising under this Agreement shall be resolved through:

• Option A: Negotiation.
• Option B: Mediation in [City, Virginia].
• Option C: Binding arbitration in [City, Virginia], governed by the laws of the Commonwealth of Virginia.

The jurisdiction and venue for any legal action arising out of this Agreement shall be in the courts of the Commonwealth of Virginia.

14. Health and Safety

The Employer complies with all relevant Virginia workplace safety laws, including providing an ergonomic workstation.

• Option A: Details on workstation setup for in-office designers: [Workstation Specifications].
• Option B: Details on workstation setup for remote designers: [Workstation Reimbursement Policy].

The Employee agrees to report any workplace injuries or concerns to [Designated Person].

15. Anti-Discrimination and Equal Opportunity

The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other protected characteristic under Virginia or federal law. The Employer is committed to providing a workplace free of harassment and discrimination. Complaint mechanisms are available: [Complaint Mechanism Description].

16. Compliance with Virginia Law

This Agreement is intended to comply with the Virginia Human Rights Act, Virginia wage and hour statutes, and all other applicable Virginia laws.

17. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

18. Severability

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

19. Amendment

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

20. 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.

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]

[Employee Name]

Signature: ____________________________