Washington employment contract template

Washington Employment Contract

This Employment Contract is made and entered into as of this [Date], by and between [Employer Legal Name], a [State] [Entity Type], with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

1. Basic Information

Employer Information:

• Option A: [Employer Legal Name], [Employer Address], [Employer Contact Information]
• Option B: As described above.

Employee Information:

• Option A: [Employee Legal Name], [Employee Address], [Employee Contact Information]
• Option B: As described above.

2. Position and Responsibilities

• Position Title: [Employee Job Title]
• Job Description/Responsibilities:
  • Option A: The Employee's primary duties and responsibilities shall be as follows: [Detailed Job Description]
  • Option B: As detailed in the attached Exhibit A, Job Description.
• Work Location(s): [Primary Work Location], and other locations as required by Employer.
• Employment Type:
  • Option A: Full-Time
  • Option B: Part-Time
  • Option C: Seasonal
  • Option D: Temporary
  • Option E: Contract (See separate Independent Contractor Agreement)
  • Option F: Internship
• FLSA Status:
  • Option A: Exempt
  • Option B: Non-Exempt

3. Term and Nature of Employment

• Term:
  • Option A: At-Will Employment: Employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable Washington law. Important Note: Under Washington law, the at-will employment relationship may be modified by written promises, employee handbooks, or public policy exceptions. Termination cannot be for discriminatory or retaliatory reasons.
  • Option B: Fixed-Term Employment: The term of this employment shall commence on [Start Date] and shall continue until [End Date]. Renewal or extension of this contract will be based on the following criteria: [Evaluation/Renewal Criteria].
• Washington At-Will Acknowledgment: The employee acknowledges that this employment is at-will and understands the provisions outlined above related to Washington state law.

4. Compensation and Benefits

• Method of Payment:
  • Option A: Salary: The Employee's annual salary shall be [Annual Salary Amount], payable [Pay Period Frequency, e.g., bi-weekly].
  • Option B: Hourly: The Employee's hourly rate shall be [Hourly Rate], payable [Pay Period Frequency, e.g., bi-weekly].
  • Option C: Commission: The Employee shall be paid a commission as described in Exhibit B, Commission Plan.
  • Option D: Bonus: The Employee may be eligible for a bonus as described in Exhibit C, Bonus Plan.
• Overtime:
  • Option A: Overtime Eligible (Non-Exempt Employees): The Employee shall be eligible for overtime pay at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over forty (40) in a workweek, as required by Washington law.
  • Option B: Overtime Ineligible (Exempt Employees): The Employee is not eligible for overtime pay.
• Benefits:
  • Health Insurance: [Health Insurance Details, e.g., Employer will provide health insurance coverage as outlined in the benefits summary.]
    • Option A: Employer-Provided Plan
    • Option B: Employee Contribution Required
    • Option C: No Health Insurance Provided
  • Dental Insurance: [Dental Insurance Details]
    • Option A: Included
    • Option B: Not Included
  • Vision Insurance: [Vision Insurance Details]
    • Option A: Included
    • Option B: Not Included
  • Retirement Plan: [Retirement Plan Details, e.g., 401(k) with Employer match]
    • Option A: Employer Match Percentage: [Percentage]
    • Option B: No Employer Match
    • Option C: No Retirement Plan Offered
  • Paid Time Off (PTO): [PTO Details, e.g., Employee shall accrue [Number] days of PTO per year.]
    • Option A: Accrual Rate: [Accrual Rate]
    • Option B: Use It or Lose It Policy
    • Option C: Carry Over Policy
  • Sick Leave: Employee shall accrue and use paid sick leave in accordance with Washington's Paid Sick Leave law (RCW 49.46.210), currently accruing at a rate of at least one hour of paid sick leave for every 40 hours worked.
  • Holidays: [List of Paid Holidays]
  • Parental Leave: [Parental Leave Details, Compliance with Washington Family Leave Act ]
  • Other Fringe Benefits: [Other Benefits, e.g., Life Insurance, Disability Insurance, Employee Assistance Program (EAP)]
• Wage Theft Prevention: Employer will comply with all Washington wage theft and benefit laws, including providing accurate and itemized pay stubs and ensuring timely payment of all earned wages. Final paychecks will be provided in accordance with Washington state law upon termination.

5. Employee Conduct

• Work Hours and Schedules: [Standard Work Hours]
• Overtime Authorization: All overtime work must be authorized in advance by [Designated Supervisor/Manager].
• Attendance Expectations: [Attendance Policy Details]
• Code of Conduct: Employee shall adhere to the Employer's Code of Conduct, as outlined in the Employee Handbook.
• Dress Code: [Dress Code Requirements]
• Workplace Behavior: Employee shall maintain a professional and respectful demeanor in the workplace.
• Use of Company Property: Employee shall use company property responsibly and only for authorized business purposes.

6. Intellectual Property and Confidentiality

• Confidential Information: Employee acknowledges that they will have access to confidential information of the Employer and agrees to protect such information both during and after employment. Confidential information includes, but is not limited to: [Examples of Confidential Information, e.g., trade secrets, customer lists, financial data, marketing plans].
• Intellectual Property Ownership:
  • Option A: All work product and inventions created by the Employee during the course of their employment, whether created during or outside of regular working hours, and whether created alone or in conjunction with others, shall be the sole property of the Employer.
  • Option B: Assignment of Inventions Agreement: Employee agrees to execute a separate Assignment of Inventions Agreement.
• Non-Disclosure Agreement (NDA): Employee agrees to execute a separate Non-Disclosure Agreement.

7. Restrictive Covenants

• Non-Compete: [Non-Compete Details. Important Note: Any non-compete agreement entered into in Washington must comply with RCW 49.62, including income thresholds, notice requirements, and reasonable time limits. Overly broad non-competes are generally unenforceable.]
  • Option A: Employee agrees not to compete with the Employer within [Geographic Area] for a period of [Duration] following termination of employment.
  • Option B: No Non-Compete Agreement.
• Non-Solicitation:
  • Option A: Employee agrees not to solicit the Employer's employees or customers for a period of [Duration] following termination of employment.
  • Option B: No Non-Solicitation Agreement.
• Non-Disclosure: Employee's obligations regarding confidential information extend beyond the termination of employment, as detailed in Section 6.

8. Departure and Separation

• Resignation: Employee shall provide [Notice Period] written notice to Employer of their intent to resign.
• Termination:
  • Option A: Termination for Cause: Employer may terminate the Employee's employment for cause, including, but not limited to: [Examples of Cause, e.g., misconduct, insubordination, violation of company policy].
  • Option B: Termination Without Cause: Employer may terminate the Employee's employment without cause, subject to any applicable notice requirements.
• Severance:
  • Option A: Severance Pay: Upon termination without cause, Employer will provide [Severance Details, e.g., [Number] weeks of severance pay].
  • Option B: No Severance Pay.
• Final Wage Payment: Employee's final wages will be paid in accordance with Washington state law.
• Unused PTO: Payment for accrued, unused PTO will be handled according to Washington state law.
• Release Agreement: Employee may be required to sign a release agreement as a condition of receiving any severance benefits.

9. Disciplinary Procedures

• Option A: Progressive Discipline: Employer will follow a progressive discipline policy, which may include verbal warnings, written warnings, suspension, and termination.
• Option B: No Progressive Discipline Policy. Employer reserves the right to administer discipline as deemed appropriate.

10. Termination and Post-Termination Obligations

• Return of Property: Upon termination of employment, Employee shall immediately return all company property, including, but not limited to, computers, mobile phones, documents, and access badges.
• Ongoing Non-Solicitation/Confidentiality: Employee's obligations regarding non-solicitation and confidentiality continue after termination, as outlined in Sections 6 and 7.
• After-Employment Restrictions: Employee remains subject to any applicable restrictive covenants, as outlined in Section 7.

11. Governing Law and Dispute Resolution

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington.
• Venue: Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County, Washington].
• 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.
  • 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. Important Note: Any arbitration agreement must comply with Washington law.
  • Option C: Litigation: Either party may pursue litigation in a court of competent jurisdiction.

12. Compliance with Washington Labor Laws

• Employer shall comply with all applicable Washington labor laws, including, but not limited to, the Washington Family and Medical Leave Act, the Washington Paid Sick Leave law, and the Washington Industrial Safety and Health Act (WISHA).
• Workers' Compensation: Employer shall provide workers' compensation insurance coverage for the Employee as required by Washington law.
• Unemployment Insurance: Employer shall pay unemployment insurance premiums for the Employee as required by Washington law.
• Workplace Safety: Employer shall maintain a safe workplace in compliance with WISHA standards.
  • Option A: Detailed Safety Policy: Employer's workplace safety policies are outlined in the Employee Handbook.
  • Option B: Basic Safety Compliance: Employer will comply with all applicable WISHA regulations.

13. Anti-Discrimination and Equal Employment Opportunity

• Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, veteran status, or any other characteristic protected by applicable federal, state, or local law, including the Washington Law Against Discrimination (RCW 49.60).
  • Option A: Expanded Protections: Employer also prohibits discrimination based on [List of Additional Protected Categories].

14. Required Notices and Policies

• Option A: Domestic Violence Leave Notice: Notice Regarding Domestic Violence Leave, as required by Washington law, is included as Exhibit D.
• Option B: Jury Duty Leave: Employer complies with Washington law regarding jury duty leave.
• Option C: Military Leave: Employer complies with Washington law regarding military leave.
• Option D: Whistleblower Protection: Employee is protected from retaliation for reporting good faith concerns about illegal or unethical activity.
• Option E: Workplace Posters: Required workplace posters are displayed in a conspicuous location.

15. Additional Clauses (Optional)

• Background Checks: [Background Check Details, e.g., Employment is contingent upon successful completion of a background check.]
• Drug Testing: [Drug Testing Policy Details]
• Training and Advancement: [Training and Advancement Opportunities]
• Flexible/Remote Work: [Flexible/Remote Work Policy Details]
• Privacy and Electronic Communications: [Privacy and Electronic Communications Policy Details]
• Collective Bargaining/Union Provisions: [Details Regarding Collective Bargaining Agreement, if applicable]

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

____________________________
[Employer Legal Name]

By: ____________________________
[Employer Representative Name]

Title: [Employer Representative Title]

____________________________
[Employee Legal Name]

Employee Signature