West Virginia chef employment contract template

West Virginia Chef Employment Contract

This West Virginia Chef Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Name], a [State] [Business Type, e.g., Corporation] with its principal place of business at [Employer Address], [Employer Phone], [Employer Email] ("Employer"), and [Employee Name], residing at [Employee Address], [Employee Phone], [Employee Email] ("Employee").

Position:

• Option A: Chef, specifically [Chef Type, e.g., Executive Chef, Sous Chef, Pastry Chef]
• Option B: Chef
• Option C: [Custom Position Title]

Duties and Responsibilities:

• Designing and planning menus compliant with West Virginia Health Department regulations.
• Ingredient sourcing and supplier management, potentially including a requirement for use of local/sustainable products.
• Food preparation and presentation to specified standards.
• Strict enforcement of sanitation and food safety procedures according to the West Virginia Food Code (Title 64, Series 17).
• Oversight of kitchen staff.
• Cost and waste control, including accurate portioning.
• Equipment cleaning and maintenance per state and local safety guidelines.
• Compliance with mandatory food handler certifications, noting West Virginia requirements for ServSafe or equivalent.
• Prompt reporting of all food safety or workplace incidents.
• Menu rotation per schedule set by [Designated Person].
• Incorporation of regional Appalachian culinary styles, if required by the Employer's brand.
• Integration of dietary/allergen accommodations per West Virginia and federal rules.

Working Hours, Attendance, and Punctuality:

• Daily/weekly schedule: [Days of the week], [Start Time] to [End Time]
• Minimum guaranteed hours per week: [Number]
• Overtime: All hours worked over 40 in a workweek will be compensated at a rate of one and one-half (1.5) times the Employee's regular rate of pay, as required by West Virginia law.
• Meal periods: Employee is entitled to a [Number]-minute unpaid meal period for every [Number] consecutive hours worked, according to West Virginia labor code.
• Rest periods: Employee is entitled to a [Number]-minute paid rest period for every [Number] consecutive hours worked, according to West Virginia labor code.
• On-call procedures (if applicable): [Details of on-call responsibilities and compensation].
• Split shift procedures (if applicable): [Details of split shift responsibilities and compensation].

Employment Status:

• Option A: Full-time, Exempt Employee
• Option B: Full-time, Non-Exempt Employee
• Workweek Definition: The workweek for purposes of overtime compensation is defined as [Day] to [Day].

Work Location and Travel:

• Primary work location: [Restaurant/Hotel Name and Address]
• Required travel: [Specify if travel is required, and details]
• On-site/off-site event participation: [Specify details]
• Employer's right to reassign: The Employer reserves the right to temporarily reassign the Employee to other kitchen locations within West Virginia.
• Force Majeure: In the event of inclement weather, power outages, or other force majeure events, the Employer's obligations under this Agreement may be suspended, as determined in good faith by the Employer.

Pay and Compensation:

• Option A: Base salary of [$ Amount] per year, payable [Frequency, e.g., bi-weekly].
• Option B: Hourly rate of [$ Amount] per hour.
• Tip pooling/service charge allocation (if applicable): [Details of tip pooling or service charge allocation].
• Bonuses/incentive pay (if applicable): [Details of bonus structure and payment schedule].
• Eligibility for cost-of-living raises: [State eligibility criteria and timing].
• Overtime pay: As specified in the "Working Hours, Attendance, and Punctuality" section.
• Holiday pay: [Specify holiday pay policy, compliant with West Virginia law].
• Pay frequency: [Weekly, Bi-weekly, Monthly].
• Direct deposit/paycard options: [Describe payment method options].
• Payroll deductions: All mandatory and permitted payroll deductions applicable in West Virginia will be withheld, including state income tax, unemployment, and garnishments (if applicable).

Employee Benefits:

• Health insurance: [Details of health insurance plan, eligibility, and employee contributions]. Start date: [Date].
• Vision insurance: [Details of vision insurance plan, eligibility, and employee contributions]. Start date: [Date].
• Dental insurance: [Details of dental insurance plan, eligibility, and employee contributions]. Start date: [Date].
• 401(k) or equivalent retirement plan: [Details of plan, eligibility, and employee contributions].
• Life/disability insurance (if offered): [Details of coverage].
• Paid time off (PTO): Vacation accrual of [Number] days per year.
• Sick leave: [Specify sick leave policy or state that there is no sick leave offered].
• Personal days: [Number] days per year.
• Leave for bereavement or jury duty: Compliant with West Virginia and federal law.
• Maternity/paternity/family medical leave: Consistent with FMLA.
• West Virginia-recognized holidays: [List of holidays, specifying paid or unpaid status].
• Staff meals/meal discounts: [Details of meal benefits].
• Uniform/knife/tool allowance: [Details of allowance].
• Parking/transportation stipends: [Details of stipends].

Reporting Structure:

• The Employee shall report directly to [Supervisor Title and Name].
• The Employee has supervisory authority over [Kitchen Staff Titles].
• Performance expectations for kitchen staff: [Describe performance expectations].

Licenses, Certifications, and Background Checks:

• Required licenses/certifications: ServSafe certification (or equivalent), [List any other required licenses/certifications].
• Background checks: Subject to successful completion of a background check, where permitted under West Virginia law.
• Pre-employment screenings: Subject to successful completion of a drug test [if permitted under WV law and company policy].
• Continued employment: Continued employment is contingent upon maintaining required certifications.

Intellectual Property:

• Employer retains ownership of all recipes, menu concepts, plating designs, kitchen processes, and food photographs/videography created in the scope of employment.
• Employee waives any rights to promote, use, or sell these creations beyond employment, subject to exceptions for work developed outside of scheduled hours with personal materials.

Confidentiality and Non-Disclosure:

• Employee agrees to maintain the confidentiality of proprietary recipes, operational methods, supplier pricing, customer lists, marketing strategies, and sensitive personnel or business data.
• Duration of confidentiality: This obligation of confidentiality shall continue for [Number] years after termination of employment.

Outside Work:

• Employee shall not engage in any outside catering, consulting, or secondary employment that could create a conflict of interest or interfere with job duties without prior written consent of the Employer.

Non-Competition and Non-Solicitation:

• Non-Compete: Employee agrees not to engage in a similar culinary role within a [Number] mile radius of the Employer's location for a period of [Number] months following termination of employment. This restriction is limited to roles with direct competition and is intended to protect the Employer's legitimate business interests.
• Non-Solicitation: Employee agrees not to solicit the Employer's clients or employees for a period of [Number] months following termination of employment.

Workplace Conduct and Behavioral Expectations:

• Adherence to kitchen safety protocols.
• Professional attire and hygiene.
• Compliance with anti-discrimination and anti-harassment policies, compliant with WV Human Rights Act and federal Title VII.
• Commitment to a respectful work environment.
• Incident reporting procedures.
• Participation in mandatory training or staff meetings.

Compliance Obligations:

• Compliance with all relevant West Virginia state and local health and safety codes.
• Mandatory reporting of workplace injuries in coordination with required workers' compensation insurance under West Virginia Code Chapter 23.
• Participation in safety and sanitation inspections or audits.

Termination and Resignation:

• Notice period: [Number] days' written notice is required from either party for termination of employment.
• Final pay: Final pay will be issued in accordance with West Virginia law.
• Return of property: Employee shall return all uniforms, tools, and property belonging to the Employer upon termination.
• Calculation and payment of unused PTO or vacation time: [Specify policy].
• Separation/severance pay (if offered): [Specify details].
• Post-employment obligations: Exit interview and written certification of recipe/asset return.

Grievance, Disciplinary, and Dispute Resolution:

• Stepwise procedures for internal complaint resolution: [Describe internal process].
• Mandatory mediation/arbitration: Any disputes arising under this Agreement shall be resolved through mandatory mediation/arbitration, governed by West Virginia law.
• Jurisdiction/venue: The jurisdiction and venue for any legal proceedings shall be [County] County, West Virginia.

Equal Opportunity Employment:

• The Employer is an equal opportunity employer and does not discriminate in hiring, pay, scheduling, or advancement based on race, color, religion, sex, age, disability, or national origin, in accordance with West Virginia and federal EEO requirements.
• Reasonable accommodations will be provided for disabilities and pregnancy-related needs, per the Pregnant Workers Fairness Act and WV statutes.

Miscellaneous:

• Employee acknowledges review and understanding of West Virginia chef-specific workplace posters and notices.
• Employee handbook: The Employee will be provided with and is expected to adhere to the Employer's employee handbook, as updated from time to time.
• Integration/merger clause: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.
• Assignment: This Agreement may not be assigned by either party without the written consent of the other party.
• Governing law: This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

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: _______________________________