Washington graphic designer employment contract template
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How Washington graphic designer employment contract Differ from Other States
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Washington restricts non-compete clauses more strictly than many other states, including minimum salary thresholds and duration limits.
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Washington mandates paid sick leave accrual for employees, which must be addressed explicitly in employment contracts.
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Employee classification, overtime, and rest break rules in Washington may be more favorable to graphic designers compared to some other states.
Frequently Asked Questions (FAQ)
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Q: Is a non-compete clause enforceable in Washington for graphic designers?
A: Washington limits the enforceability of non-compete clauses, including requirements on employee earnings and contract duration.
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Q: Are Washington employers required to provide paid sick leave to graphic designers?
A: Yes, Washington law requires employers to provide and track paid sick leave for employees, including graphic designers.
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Q: Does Washington law impact freelance versus employee classification?
A: Washington uses specific criteria for employee versus independent contractor status, impacting benefits and tax withholdings for designers.
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Washington Graphic Designer Employment Contract
This Washington Graphic Designer Employment Contract is made and entered into as of this [Date] by and between [Employer Name], a company organized and existing under the laws of Washington, with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").
1. Position and Responsibilities
The Employer hereby employs the Employee as a full-time Graphic Designer.
The Employee's primary responsibilities include, but are not limited to:
- Creating visual content for print and digital media.
- Developing brand guidelines and assets.
- Designing marketing collateral (brochures, logos, websites, social media graphics, advertisements, packaging, presentations).
- Preparing files for print vendors.
- Digital asset management.
- Collaborating with marketing and product teams.
- Attending design reviews and client meetings as required.
- Maintaining up-to-date knowledge of design trends.
- Ensuring compliance with accessibility standards (e.g., WCAG).
The Employee is expected to utilize the following design tools, software, and platforms: Adobe Creative Cloud Suite, Figma, and [Other Software]. The Employee should have expertise in color management for print vs. digital and file formatting standards.
The Employee will report to [Reporting Manager]. The employee will be expected to collaborate with peers in [Team Name]. The feedback and revision cycle process will follow these steps: [Feedback & Revision Process]. The protocol for client or stakeholder approvals is: [Client Approval Protocol].
2. Work Location
The Employee’s primary work location will be at the Employer’s facility located at [Employer Address] in Washington.
Option A: The Employee will work remotely [Number] days per week. The Employer will reimburse the Employee for reasonable and necessary home office expenses, not exceeding [Dollar Amount] per [Time Period], upon presentation of valid receipts.
Option B: The Employee's position is fully remote. The Employer will [Provide Equipment or Stipend] to ensure a suitable home office setup.
Option C: The Employee will be required to attend in-person meetings, client presentations, or print proof approvals as needed, as determined by the Employer.
3. Employment Type, Hours, and Compensation
The Employee’s position is full-time.
The regular working days and hours are Monday through Friday, [Start Time] to [End Time], totaling [Number] hours per week.
The Employee's hourly wage is [Dollar Amount] per hour / annual salary is [Dollar Amount].
The Employee will be paid [Payment Frequency, e.g., bi-weekly].
Non-exempt employees will be paid overtime at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek, as required by Washington law.
The employee is entitled to a 10-minute paid rest break every 4 hours worked and a 30-minute unpaid meal break for shifts over 5 hours, as required by Washington state law.
Option A: The Employee is eligible for a discretionary design or performance bonus based on [Bonus Criteria].
Option B: The Employee will receive commission for new client acquisition according to the following schedule: [Commission Schedule].
4. Benefits
The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable plans and Washington requirements:
- Health insurance plan.
- Dental insurance plan.
- Vision insurance plan.
- Paid vacation time: [Number] days per year.
- Washington Paid Sick Leave: accrual, carryover, and usage as per RCW 49.46.
- Paid holidays: [List of Holidays].
- Washington Paid Family and Medical Leave (WA PFML).
- Parental or family leave in accordance with state law.
- Short-term disability insurance.
- Option A: 401(k) retirement plan with [Employer Contribution].
- Option B: Other retirement plan: [Details of Plan].
- Wellness reimbursement or professional development allowance: [Dollar Amount] per year.
- Continuing education or skills training budget: [Dollar Amount] per year.
- Reimbursement of professional association dues for [Organization Name].
- Ergonomic workspace provisions in accordance with Washington ergonomic safety rules.
5. Intellectual Property Ownership
All design works, sketches, concepts, mockups, digital files, fonts, and templates created by the Employee during their employment, whether individually or collaboratively, are the exclusive property of the Employer.
The Employee explicitly assigns all rights, title, and interest in such works to the Employer and waives all moral rights to the extent permitted by Washington law.
The use of third-party, open-source, or stock assets requires the Employer’s prior written approval and compliance with license terms.
Upon termination of employment, the Employee will return all original design files, backups, and copyrights to the Employer.
6. Confidentiality
The Employee agrees to hold confidential all trade secrets, design concepts, unpublished portfolio pieces, client information, internal branding strategies, pricing, vendor contacts, proprietary processes, and sensitive Employer data.
This confidentiality obligation shall survive the termination of employment, adhering to Washington’s Uniform Trade Secrets Act.
7. Portfolio Use and Crediting
Option A: The Employee may display completed work in their personal portfolio or on public websites only after receiving written permission from the Employer and complying with any embargo or NDA periods and client permission requirements. The Employee must remove client logos/names as necessary to comply with Washington business privacy expectations.
Option B: The Employee may not display completed work in their personal portfolio without express written consent from the Employer and the involved client(s).
8. Outside Design Work
The Employee is prohibited from engaging in outside design work that poses a conflict of interest or competes with the Employer’s business, except upon prior written approval from the Employer.
The Employee must avoid any client or project conflicts in line with Washington state ethics guidelines for the design industry.
9. Behavioral and Professional Standards
The Employee will adhere to all company policies, maintain digital asset management and copyright compliance, exhibit appropriate workplace decorum and communication, complete assignments in a timely manner, adhere to project management software/use protocols, and participate in regular feedback and design improvement sessions.
10. Non-Compete (If Applicable)
Option A: (Non-Compete Clause) In consideration for the compensation and benefits provided herein, and subject to RCW 49.62, the Employee agrees that during the term of employment and for a period of [Number] months following termination of employment, the Employee shall not, directly or indirectly, engage in any business that is competitive with the business of the Employer within [Geographic Scope]. The Employee’s annualized earnings exceed the statutory threshold in effect at the time of termination.
Required Disclosure Statement: The Employer states that this Non-Compete Agreement may not be enforceable under Washington law.
Option B: (No Non-Compete Clause) There is no non-compete agreement.
11. Termination
Unless otherwise expressly stated, the employment relationship is at-will, meaning either party may terminate the relationship at any time, with or without cause or notice.
Option A: Either party may terminate this agreement with [Number] days written notice.
Option B: In the event of termination by the Employer, the Employer may, at its sole discretion, provide pay in lieu of notice.
The final paycheck will be issued on the next regular payday, as required by Washington law.
Upon termination, the Employee must return all company property.
The Employer and Employee will cooperate in transitioning ongoing projects.
12. Anti-Discrimination and Anti-Harassment
The Employer is committed to providing a workplace free of discrimination and harassment in accordance with the Washington Law Against Discrimination (WLAD), prohibiting discrimination based on race, creed, color, national origin, sex, pregnancy, sexual orientation, gender identity, age, marital status, families with children, disability, or veteran status. The Employee must immediately report any incidents of discrimination or harassment.
13. Dispute Resolution
The parties agree to first attempt to resolve any disputes through negotiation and mediation. If mediation is unsuccessful, the parties may pursue arbitration or litigation. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any legal action shall be in [County Name] County, Washington. The prevailing party shall be entitled to recover attorneys’ fees if prescribed by law or policy.
14. Mandatory Disclosures
The Employee is entitled to Washington state paid sick leave accrual and use policies as per RCW 49.46. Information regarding these policies and employee whistleblower protections and workplace safety rights per Washington Department of Labor & Industries (L&I) standards are posted in the workplace.
15. Workers' Compensation and Safety
The Employer provides workers’ compensation insurance as required by Washington law.
The Employee has occupational health and safety obligations and may report repetitive stress injuries common to designers. The Employer will offer ergonomic evaluations or resources.
16. Optional Clauses
Option A: The Employer will support the Employee’s professional development by providing [Dollar Amount] per year for attendance at design conferences, subject to prior approval.
Option B: The Employer is committed to ensuring accessibility in all public-facing design work.
Option C: The Employee will handle client-provided intellectual property in accordance with the following guidelines: [Guidelines for Client IP].
Option D: The Employer supports diversity, equity, and inclusion in the workplace.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Name]
By: ____________________________
[Employer Representative Name]
[Employer Representative Title]
____________________________
[Employee Name]