West Virginia assembler employment contract template
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How West Virginia assembler employment contract Differ from Other States
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West Virginia employment contracts must reflect the state's at-will employment doctrine, which is strictly enforced unless otherwise specified.
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Specific state wage and hour laws, including minimum wage requirements, differ from federal standards and must be clearly outlined in West Virginia contracts.
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West Virginia mandates unique workplace safety notices and compliance documentation, which should be referenced in assembler employment agreements.
Frequently Asked Questions (FAQ)
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Q: Does West Virginia require a written assembler employment contract?
A: A written contract is not required by law, but having one helps clarify terms and protects both employer and employee.
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Q: Can an assembler be terminated without cause in West Virginia?
A: Yes, West Virginia follows at-will employment, so either party may end employment at any time, with or without cause.
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Q: Are non-compete clauses enforceable in West Virginia assembler contracts?
A: Non-compete clauses are enforceable if they are reasonable in scope, duration, and geographic range, and protect legitimate business interests.
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West Virginia Assembler Employment Contract
This West Virginia Assembler Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").
1. Job Title and Position
- The Employee is hired as a Full-Time Assembler.
- Job Responsibilities:
- Physical assembly of parts and products.
- Machine operation related to assembly.
- Product inspection and quality control.
- Use of handheld and power tools.
- Adherence to assembly line processes.
- Compliance with technical specifications and schematics.
- Parts inventory tracking.
- Reporting equipment or safety concerns.
- Maintaining a clean and safe workspace per OSHA and West Virginia workplace safety standards.
- Participation in mandatory safety training programs.
2. Reporting Structure
- Option A: The Employee will report directly to [Supervisor Name].
- Option B: The Employee will report to the [Department Name] team lead.
- Team-based tasks will be assigned by [Team Lead/Supervisor Name].
3. Work Schedule and Location
- Option A: The Employee's standard work schedule is [Number] hours per week, from [Start Time] to [End Time], Monday through Friday.
- Option B: The Employee's work schedule will be a rotating shift pattern as defined by the employer.
- Shift patterns:
- Day shift.
- Evening shift.
- Rotating shift.
- Split shift.
- The primary work location is [Work Location Address] in West Virginia.
- Possible assignment to multiple sites within West Virginia: [Yes/No].
- Option A: Transportation/parking is the responsibility of the employee.
- Option B: Parking will be provided at [Parking Location].
4. Employment Type and Overtime
- The employment is full-time.
- The standard weekly schedule is [Number] hours.
- Overtime:
- Option A: The Employee is eligible for overtime compensation at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek, in accordance with the FLSA and West Virginia wage laws.
- Option B: The Employee is not eligible for overtime compensation due to their exempt status under the FLSA and West Virginia wage laws. (Applicable only if the position qualifies for an exemption).
- Maximum shift duration: [Number] hours.
- Mandatory meal breaks: [Number] minutes after [Number] hours of work.
- Rest breaks: [Number] minutes every [Number] hours.
5. Compensation
- The base hourly wage is [Dollar Amount] per hour.
- Wage payment method: [Weekly/Bi-weekly] via [Check/Direct Deposit].
- Shift differentials:
- Night shift differential: [Dollar Amount] per hour.
- Weekend shift differential: [Dollar Amount] per hour.
- Attendance bonus: [Dollar Amount] per [Frequency].
- Production quota incentives:
- Option A: None
- Option B: Based on achieving specified production targets as outlined in [Incentive Plan Document].
- Payment for donning/doffing safety gear: [Paid/Unpaid]. If paid, at the regular hourly rate.
6. Benefits
- Health insurance: [Yes/No]. Details in the employee handbook.
- Dental insurance: [Yes/No]. Details in the employee handbook.
- Vision insurance: [Yes/No]. Details in the employee handbook.
- Retirement plan: [Yes/No]. Employer contribution: [Percentage].
- Paid holidays: [List of Holidays].
- Vacation leave: Accrual rate of [Number] days per year. Carryover policy: [Carryover Allowed/Not Allowed].
- Personal/sick leave: Accrual rate of [Number] days per year.
- Military leave: As per West Virginia law.
- USERRA leave: As per federal law, if applicable.
- Training programs:
- Mandatory: [List of Mandatory Programs].
- Voluntary: [List of Voluntary Programs].
7. Personal Protective Equipment (PPE) and Tools
- The Employer will provide all necessary PPE and work uniforms.
- The Employer will provide the necessary tools for the job.
- Replacement and maintenance costs for PPE and tools will be covered by the Employer, unless damage is due to negligence.
8. Workplace Safety and Workers' Compensation
- The Employer is committed to providing a safe work environment in compliance with OSHA and West Virginia Occupational Safety and Health standards.
- Procedure for reporting workplace injuries: [Detailed Procedure].
- Workers' compensation coverage is provided in accordance with the West Virginia Workers' Compensation Act.
- The Employee must comply with all employer safety rules, participate in periodic safety drills, and notify supervisors of safety incidents.
9. Job Performance Evaluation
- Performance evaluations will be conducted [Frequency].
- Performance metrics include [List of Metrics].
- Consequences for failure to meet standards: [Warning/Improvement Plan/Termination].
- Eligibility for promotion/reassignment will be based on performance.
10. Attendance and Punctuality
- Strict policy on attendance and punctuality.
- Call-off procedure: [Detailed Procedure].
- Required advance notice for absences: [Number] hours.
- Disciplinary measures for attendance violations: [Verbal Warning/Written Warning/Suspension/Termination].
11. Substance Abuse Testing
- Pre-hire substance abuse testing is required.
- During employment, substance abuse testing may be conducted in accordance with West Virginia law.
- Mandatory reporting of prescription drug use if it affects safety.
- Fitness-for-duty standards apply due to the physical nature of the assembly work.
12. Confidentiality
- The Employee agrees to maintain the confidentiality of proprietary assembly processes, technical data, product blueprints, and manufacturing trade secrets.
- Use and disclosure of confidential information are prohibited during and after employment.
13. Ownership of Inventions
- Ownership of inventions, process improvements, or proprietary design modifications made in the course of employment are assigned to the Employer to the fullest extent permitted under West Virginia law.
- Procedure for employee suggestions: [Detailed Procedure].
14. Non-Compete/Non-Solicitation (Optional - Review carefully with WV counsel)
- Option A: There is no non-compete or non-solicitation agreement.
- Option B: The Employee agrees not to compete with the Employer or solicit the Employer's employees or customers for a period of [Number] months following termination of employment within a [Geographic Area]. (Must be reasonable in duration, scope, and geography under West Virginia law.)
15. At-Will Employment and Termination
- Employment is at-will, as recognized in West Virginia.
- Termination procedures:
- Grounds for dismissal: [Misconduct/Lack of Performance/Redundancy].
- Notice requirements:
- By Employee: [Number] days.
- By Employer: [Number] days (if any; not required for at-will employment).
- Final wage payout will be made within the timeframe mandated by West Virginia wage payment statutes.
- Exit interview and property/equipment return are required.
16. Anti-Discrimination and Equal Opportunity
- The Employer is an equal opportunity employer and does not discriminate based on race, color, religion, age, sex, disability, national origin, or any other protected category under federal law and the West Virginia Human Rights Act.
- Reporting channels for complaints: [Detailed Procedure].
17. Grievance and Dispute Resolution
- Grievance and dispute resolution process: [Detailed Procedure].
- Step-by-step complaint escalation process.
- Internal mediation (optional).
- Jurisdiction for any litigation arising from employment: West Virginia.
18. E-Verify and Background Checks
- The Employer complies with federal E-Verify/work eligibility standards.
- Background checks, drug tests, and criminal checks are required for employment.
19. Union Membership (If Applicable)
- Option A: This is a non-union facility.
- Option B: The Employee may be required to join the [Union Name] union. Dues deduction will be made in accordance with the collective bargaining agreement.
20. Training Policies
- The Employer provides training on new assembly lines, equipment, manufacturing technology, and process improvements.
- Mandatory and voluntary continuation training programs are offered.
- Associated pay rates for training will be the regular hourly rate.
21. Layoff/Plant Closure (If Applicable)
- In the event of a layoff or plant closure, the Employer will comply with West Virginia's "Mini-WARN Act" (if applicable).
- Outplacement support: [Yes/No].
- Severance pay: [Details of Severance Policy].
22. Compliance with Laws
- The Employer complies with all local, state, and federal occupational health, safety, and environmental regulations relevant to assembly in West Virginia.
- Compliance with hazardous materials handling (if applicable).
- Environmental reporting duties: [Detailed Duties].
23. Employment of Minors
- No employment of minors in hazardous manufacturing under West Virginia child labor statutes.
- Compliance with required age verification and parental authorization procedures for young workers (16-17) performing permitted assembly tasks.
24. Social Media and Communication Device Usage
- Company-specific policies on the use of social media, communication devices, and photography in production areas are in place.
- Refer to the company handbook for full details.
25. Policy Revisions
- All employment terms and policies are subject to revision upon written notice.
- Periodic review and employee acknowledgment are required.
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]
Date: [Date]