West Virginia cook employment contract template

West Virginia Cook Employment Agreement

This West Virginia Cook Employment Agreement ("Agreement") is made and effective 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. Employment

Option A: The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, as a [Specify: Line Cook, Prep Cook, Head Cook, Specialty Cook (e.g., Pizza Cook), etc.].

Option B: The Employer wishes to engage the Employee, and the Employee wishes to be engaged by the Employer, to perform cook services as a [Specify: Line Cook, Prep Cook, Head Cook, Specialty Cook (e.g., Pizza Cook), etc.].

2. Job Responsibilities

The Employee's duties and responsibilities shall include, but not be limited to:

• Preparing and cooking food according to the Employer's menu and recipes.
• Setting up and stocking kitchen stations with necessary supplies.
• Portioning and garnishing food items.
• Using and cleaning kitchen equipment properly.
• Maintaining food safety, sanitation, and hygiene standards in compliance with the West Virginia Department of Health and Human Resources (WV DHHR) and local regulations.
• Storing and labeling ingredients properly.
• Following daily or shift-based cleaning schedules.
• Recording food temperatures and sanitation log entries as required by WV food code.
• Monitoring inventory, managing ingredient waste, and reporting shortages to [Position, e.g., Kitchen Manager].
• Cooperating with front-of-house staff for timely order delivery.
• Adhering to uniform and personal hygiene standards as required by West Virginia food handler policies.
• Participating in mandatory food safety and allergen training required by state/local regulations.
• Option A: Supervising junior/back-of-house staff.
• Option B: Not applicable.
• Complying with scheduling and shift rotation policies.

3. Work Location

The Employee's primary work location shall be at [Restaurant/Establishment Name], located at [Address of Restaurant/Establishment], West Virginia. The Employer reserves the right to transfer the Employee to other in-state locations, as needed, subject to the Employer’s policies regarding transfers, split shifts, or temporary assignments.

4. Employment Status and Work Schedule

The Employee's position is a full-time position, as defined under West Virginia law.

Option A: The Employee's work schedule shall be [Number] hours per week, typically from [Start Time] to [End Time] on [Days of the Week].

Option B: The Employee's work schedule will be determined by the Employer and communicated to the Employee in advance, subject to operational needs and applicable West Virginia wage and hour laws and the federal Fair Labor Standards Act (FLSA).

The Employee may be required to work weekends, holidays, and overtime hours, as needed. Start and end shift times, clock-in/out procedures, and meal/rest break entitlements will be followed in accordance with West Virginia law and the Employer's policies. The employer shall provide meal and rest breaks in compliance with WV code.

5. Compensation

Option A: The Employee shall be paid an hourly wage of [Dollar Amount] per hour.

Option B: The Employee shall be paid a weekly salary of [Dollar Amount].

The Employer guarantees at least the minimum wage as required by West Virginia law.

Overtime pay shall be paid at a rate of not less than one and one-half (1.5) times the Employee's regular rate of pay for all hours worked over forty (40) in a workweek, in accordance with West Virginia law and the FLSA.

Option A: Tip Credit will be applied as allowable under West Virginia law. The Employee understands that they may receive tips from customers as part of their compensation.

Option B: The Employer does not utilize a tip credit.

The Employee shall be paid [Frequency, e.g., bi-weekly].

The wage statement shall include all information required by West Virginia law, including gross wages, deductions, and net wages. Employees will be promptly notified of any payroll discrepancies.

6. Benefits

The Employee shall be eligible for the following benefits:

• Workers' compensation insurance, as required by West Virginia law.
• Unemployment insurance, as required by West Virginia law.
• Option A: Healthcare coverage, subject to eligibility requirements as outlined in the Employer's policy.
• Option B: Healthcare coverage is not provided.
• Paid sick leave, vacation, and personal days, as outlined in the Employer's policy.
• Holiday pay or substitute time off, as outlined in the Employer's policy and industry standards.
• Compliance with FMLA and WV Parental Leave Act (if employer meets eligibility thresholds).
• Option A: Meal or shift allowance per the Employer's policy.
• Option B: No meal or shift allowance is provided.

7. Food Handler's Permit/Certifications

The Employee must possess and maintain a valid [Specify: West Virginia Food Handler's Permit, ServSafe Certification, etc.].

Option A: The Employer will assist with/reimburse the Employee for the cost of obtaining and renewing the required certification(s).

Option B: The Employee is responsible for obtaining and maintaining the required certification(s) at their own expense.

8. Food Safety Compliance

The Employee must comply with all West Virginia Health Department food safety rules and regulations, including, but not limited to:

• Reporting accidents/illnesses to [Position, e.g., Kitchen Manager].
• Excluding themselves from work if experiencing symptoms of foodborne illness.
• Participating in kitchen safety drills.
• Maintaining proper hygiene in the kitchen.

9. Confidentiality

The Employee acknowledges that they may have access to confidential information, including, but not limited to:

• Proprietary recipes and preparation techniques.
• Supplier lists and special ingredient sourcing.
• Confidential restaurant operations.

The Employee agrees not to disclose any such confidential information to any third party, including competitors.

10. Standards of Conduct and Performance

The Employee is expected to maintain the following standards of conduct and performance:

• Punctuality and reliability.
• Teamwork and respectful workplace behavior.
• Compliance with all kitchen safety protocols, including hot oil/fryer safety, knife safety, safe lifting, and use of protective gear.
• Immediate reporting of equipment malfunctions or injuries to [Position, e.g., Kitchen Manager].
• Prohibition on substance abuse and intoxication in the workplace.
• Adherence to the Employer's anti-harassment and non-discrimination policies.

11. At-Will Employment

The Employee's 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 the terms outlined herein and applicable West Virginia law.

The Employer may terminate the Employee's employment immediately for gross misconduct, repeated health code violations, theft, or other serious offenses.

The Employee is expected to provide [Number] weeks' notice of resignation.

12. Termination

Upon termination of employment, the Employer shall pay the Employee all wages owed, in accordance with the West Virginia Wage Payment and Collection Act. The Employee shall return all uniforms and equipment belonging to the Employer. Any outstanding advances or deductions permitted under West Virginia labor statutes will be processed at termination.

13. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through negotiation and mediation before resorting to litigation. This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia. The exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in [County Name] County, West Virginia.

14. Occupational Health and Safety

The Employer shall provide training to the Employee on hazard communication, chemical safety, emergency procedures, and other relevant safety topics. The Employee is responsible for reporting unsafe conditions or workplace injuries to [Position/Department, e.g., Safety Manager/HR Department]. The Employer will comply with WV Office of Miners' Health, Safety and Training guidelines as applicable to the kitchen environment.

15. Child Labor Laws

The Employer shall comply with all applicable child labor laws if hiring cooks under the age of 18, including restrictions on permitted hours and tasks. The Employer will verify the Employee's age.

16. Intellectual Property

Option A: Any original recipes, methods, or menu items developed by the Employee during their employment shall be the property of the Employer.

Option B: Not applicable.

17. Secondary Employment/Non-Compete

The Employee is permitted to engage in secondary employment, provided it does not conflict with their obligations to the Employer. Non-compete agreements are only enforceable if narrowly tailored and comply with West Virginia law.

18. Uniforms and Personal Protective Equipment

The Employee is required to wear the specified kitchen uniform and use required personal protective equipment.

Option A: The Employer shall provide and maintain the uniforms and PPE.

Option B: The Employer will provide the uniform at no cost, but the Employee is responsible for cleaning and maintaining it.

Option C: Employees are responsible for purchasing their own uniforms and maintaining them to employer standards.

19. Disability Accommodation

The Employer will comply with the Americans with Disabilities Act and West Virginia disability accommodation requirements. The Employee may request reasonable workplace accommodations.

20. Performance Evaluations and Disciplinary Procedures

The Employee's performance will be evaluated [Frequency, e.g., annually]. Disciplinary procedures for attendance, hygiene, food safety, or customer complaint issues will be followed in accordance with the Employer's policies.

21. Changes to Employment Terms

Changes to schedules, position, or compensation will be communicated to the Employee in writing. The Employer reserves the right to amend policies or job duties.

22. West Virginia Wage Payment and Collection Act

The Employee is notified of the West Virginia Wage Payment and Collection Act, which governs pay delivery, final paycheck timing, permissible deductions, and employee wage complaint procedures.

23. Background Checks

Employment is contingent upon satisfactory results of background checks and reference checks.

24. Equal Opportunity Employer

The Employer is an equal opportunity employer and encourages reporting of workplace misconduct. The Employer prohibits retaliation for reporting food safety violations, discrimination, or wage issues.

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]