Virginia maintenance technician employment contract template
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How Virginia maintenance technician employment contract Differ from Other States
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Virginia employment contracts are at-will by default, unless specifically stated otherwise, impacting termination procedures uniquely.
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Virginia state law requires compliance with its specific labor laws, including wage payment and safety regulations, not found in all states.
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Non-compete and non-solicitation clauses are enforced differently in Virginia, often subject to stricter scrutiny than in some other states.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract required by law for maintenance technicians in Virginia?
A: No, written employment contracts are not legally required, but having one helps set clear responsibilities and rights.
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Q: Can an employer in Virginia terminate a maintenance technician without cause?
A: Yes, Virginia is an at-will employment state, allowing termination without cause unless a contract states otherwise.
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Q: Are non-compete clauses enforceable in Virginia maintenance technician contracts?
A: Non-compete clauses are enforceable in Virginia but are strictly interpreted and must be reasonable in scope and duration.
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Virginia Maintenance Technician Employment Contract
This Virginia Maintenance Technician Employment Contract ("Agreement") is made and entered into as of [Date] by and between:
- [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"), and
- [Employee Legal Name], residing at [Employee Address] ("Employee").
RECITALS
Employer desires to employ Employee as a Maintenance Technician, and Employee desires to be employed by Employer in such capacity.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Employment.
- Option A: Employer hereby employs Employee as a full-time Maintenance Technician.
- Option B: Employer hereby employs Employee as a part-time Maintenance Technician.
2. Job Responsibilities.
- Employee shall perform the following duties:
- Preventive and corrective maintenance of HVAC systems.
- Electrical systems maintenance and repair.
- Plumbing systems maintenance and repair.
- Carpentry work.
- Equipment troubleshooting and repair.
- Use of power and hand tools.
- Maintenance of building grounds and facilities.
- Emergency repairs.
- Safety inspections.
- Compliance with manufacturer specifications.
- Recordkeeping for maintenance logs.
- Work order processing.
- Inventory control of parts and supplies.
- Responding to after-hours or on-call duties.
- Option A: Other duties as assigned by the direct supervisor.
- Option B: Employee must be capable of lifting up to [Number] pounds and working at heights.
3. Qualifications.
- Required Certifications/Licenses:
- Option A: EPA Section 608 Certification.
- Option B: State Journeyman or Master Trades License (Specify: [Type of License]).
- Skills:
- Proficiency in [Specific Skill 1].
- Proficiency in [Specific Skill 2].
- Physical Requirements:
- Ability to lift [Number] lbs.
- Ability to work at heights and in confined spaces.
- Must wear appropriate personal protective equipment (PPE).
- Option A: Pre-employment background check required.
- Option B: Pre-employment drug screening required.
4. Reporting Structure.
Employee shall report directly to [Supervisor Name], [Supervisor Title] in the [Department Name] Department.
5. Work Location.
Primary work location: [Address of Work Location], Virginia.
- Option A: Alternative/Mobile Work Sites: [List of Alternative Locations/Service Area].
- Option B: Location changes are subject to Employer's discretion and business needs with [Number] days notice.
6. Employment Status and Work Hours.
Employment is full-time.
Standard Weekly Working Hours: [Number] hours per week.
Usual Shift Pattern: [Shift Type, e.g., Day, Swing, Overnight].
- Option A: Mandatory overtime may be required.
- Option B: Shift differential: [Amount] per hour for [Specific Shift].
Meal/Rest Break Entitlements: Per Virginia Labor Regulations.
- Option A: On-call/Emergency Response Obligations: [Specify On-Call Schedule/Requirements].
7. Compensation.
Base Wage: [Amount] per [Hour/Year].
Overtime Pay: Paid at 1.5 times the regular rate for hours worked over 40 in a workweek, per FLSA.
Pay Period: [Weekly/Bi-weekly/Monthly].
Method of Payment: [Direct Deposit/Check].
- Option A: Eligibility for performance incentives: [Specify Incentive Plan Details].
- Option B: Eligibility for annual raises based on performance review.
- Option C: Retention bonus of [Amount] paid [Frequency/Conditions].
8. Benefits.
- Health insurance: [Specify Health Insurance Plan].
- Vision insurance: [Specify Vision Insurance Plan].
- Dental insurance: [Specify Dental Insurance Plan].
- Life insurance: [Specify Life Insurance Plan].
- Retirement plan: [401(k) / Other, specify details].
- Paid Time Off (PTO): [Number] days per year.
- Accrued Vacation Leave: [Number] days per year, accrued [Accrual Rate].
- Accrued Sick Leave: [Number] days per year, accrued [Accrual Rate].
- Paid Holidays: [List of Paid Holidays].
- Option A: Uniform allowance: [Amount] per [Period].
- Option B: Tool allowance: [Amount] per [Period].
- Option C: Company vehicle provided.
- Option D: Mileage reimbursement at the current IRS rate if travel is required.
- Option E: Safety equipment provided by Employer.
- Option F: Educational/Certification Reimbursement: [Specify Details and Conditions].
9. Safety and Compliance.
- Compliance with Virginia Occupational Safety and Health (VOSH) regulations.
- Required participation in periodic safety trainings.
- Adherence to fire and workplace hazard protocols.
- Accident reporting procedures.
- Specialized procedures for handling hazardous materials.
- Employee acknowledges risks associated with maintenance work and confirms ability to perform job functions safely with provided training and equipment.
10. Confidentiality.
Employee shall maintain the confidentiality of security systems, building entry codes, tenant/resident information, and proprietary maintenance procedures.
Handling of electronic security information.
11. Ownership of Work Product.
Maintenance records, repairs, and work product are the property of the Employer.
Procedures for use or disclosure of manuals or proprietary standard operating procedures.
12. Ethical Conduct.
Employee shall conduct themselves ethically and with respect for property, tenants/residents.
Compliance with anti-theft protocols.
Company-specific expectations for professional appearance and workplace behavior.
13. Compliance with Laws.
- Compliance with all applicable Virginia and local laws, including the Virginia Human Rights Act.
- Background checks as required by Virginia state regulation.
- Substance abuse policies (including Virginia’s marijuana laws as relevant to employee duties).
14. Outside Employment.
- Option A: Restrictions on outside employment in related maintenance fields or with building tenants without prior written approval from employer.
- Option B: No outside employment permitted that conflicts with Employee's duties to Employer.
15. Restrictive Covenants.
- Option A: Non-compete agreement: [Specify Terms, Scope, and Duration – Must be reasonable under Virginia law].
- Option B: Non-solicitation agreement: [Specify Terms, Scope, and Duration – Must be reasonable under Virginia law].
- Option C: Non-disclosure agreement: [Specify Terms, Scope, and Duration – Must be reasonable under Virginia law].
- Option D: No restrictive covenants apply.
16. At-Will Employment.
Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to the terms of this agreement.
- Option A: Disciplinary Actions: Subject to the employer's progressive discipline policy.
- Option B: Grounds for immediate termination: Theft, willful misconduct, or breach of safety protocols.
- Option C: Required notice period for termination by Employee: [Number] days.
Final Paycheck: Timing in compliance with Virginia law.
Return of keys, uniforms, access cards, and company tools/equipment upon termination.
17. Post-Employment Obligations.
- Exit interview.
- Obligations regarding confidentiality and return of property.
18. Grievance Procedure.
- Procedure for reporting grievances or safety concerns.
- Protection from retaliation under Virginia whistleblower statutes.
19. Dispute Resolution.
- Internal resolution first.
- Option A: Mediation.
- Option B: Arbitration.
Governing Law and Venue: Virginia law and courts.
20. Labor Law Notices.
- Required posting of labor law notices (as mandated by Virginia Department of Labor and Industry).
- Annual policy updates.
21. Equal Opportunity Employment.
Commitment to equal employment opportunity, anti-harassment, and accommodations for disability under the Virginia Human Rights Act and ADA.
22. Certification Verification.
- Documentation and verification of required professional certifications/licensure on an ongoing basis.
- Notification obligations for suspension or revocation of certifications/licenses.
23. Employer-Specific Requirements.
- Adherence to unique facility rules: [Specify Facility Rules, if applicable].
- Regional industry practices: [Specify Regional Practices, if applicable, e.g., Northern Virginia, Hampton Roads, Richmond].
- Option A: Collective bargaining agreement: [Specify Details, if applicable].
- Option B: Prevailing wage requirements: [Specify Details, if applicable].
24. Employer Obligations.
- Virginia workers’ compensation insurance.
- Unemployment benefits.
- FMLA provisions.
- Employee acknowledges risks specific to maintenance work.
25. Time Off and Absences.
- Procedures for requesting time off and reporting absences.
- Replacement coverage for essential maintenance shifts.
26. Company Property Use.
- Option A: Guidelines on company property use.
- Option B: Acceptable use of radios or communications systems.
- Option C: Driving record checks (if operating company or property vehicles).
- Option D: Cell phone or communications device policies while on-site.
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: ____________________________
Date: ____________________________