West Virginia employment contract template

West Virginia Employment Contract

Date of Execution: [Date]

1. Parties

• Employer:
  • [Company Name]
  • [Company Address]
  • [Company Phone Number]
  • [Company Federal Employer Identification Number]
• Employee:
  • [Employee Name]
  • [Employee Address]
  • [Employee Phone Number]
  • [Employee Social Security Number/Employee Identification Number]

2. Employment Position

• Job Title: [Job Title]
• Duties and Responsibilities: [Detailed Description of Duties]
• Immediate Supervisor: [Supervisor Name]
• Department/Division: [Department Name]
• Work Location(s): [Work Location(s)]
• Work Schedule: [Days and Hours of Work]
• Expected Start Date: [Start Date]

3. Type of Employment

• Option A: Full-time
• Option B: Part-time
• Option C: Temporary
• Option D: Contract Employee
• Option E: Probationary Period ([Length of Probationary Period])
  • The Employee's continued employment following the probationary period is contingent upon satisfactory performance.
• Exempt or Non-Exempt Status:
  • Option A: Exempt (Under the Fair Labor Standards Act)
  • Option B: Non-Exempt (Under the Fair Labor Standards Act)

4. Term of Employment

• Option A: At-Will Employment
  • The employment relationship between Employer and Employee is at-will. Either party may terminate the employment relationship at any time, with or without cause or notice, except as prohibited by law.
• Option B: Fixed-Term Employment
  • The term of employment shall be from [Start Date] to [End Date].
  • Renewal:
    • Option A: This contract is automatically renewable for successive terms of [Length of Term] unless either party provides written notice of non-renewal [Number] days prior to the end of the then-current term.
    • Option B: Renewal is contingent upon satisfactory performance evaluation, as determined by the Employer.
  • Performance Evaluation Criteria: [Detailed Performance Evaluation Criteria]

5. Compensation

• Base Wage/Salary: [Amount] [per Hour/per Week/per Month/per Year]
• Pay Period:
  • Option A: Weekly
  • Option B: Bi-weekly
  • Option C: Semi-monthly
  • Option D: Monthly
• Payment Method: [Direct Deposit/Check]
• Overtime Policy (For Non-Exempt Employees):
  • Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular rate of pay for all hours worked in excess of forty (40) hours in a workweek, as required by the Fair Labor Standards Act and West Virginia law.
• Bonus Structure:
  • Option A: Bonus Eligible. Details are outlined in [Bonus Policy Document].
  • Option B: Not Bonus Eligible.
• Commission Rules: [Detailed Commission Rules]
• Allowances: [List any Allowances, e.g., Car Allowance, Housing Allowance]
• Salary Adjustments:
  • Salary will be reviewed [Frequency] and may be adjusted based on performance and market conditions.

6. Employee Benefits

• Health Insurance:
  • Option A: Yes, Employee is eligible for health insurance coverage as described in the benefits plan document.
  • Option B: No
• Dental Insurance:
  • Option A: Yes, Employee is eligible for dental insurance coverage as described in the benefits plan document.
  • Option B: No
• Vision Insurance:
  • Option A: Yes, Employee is eligible for vision insurance coverage as described in the benefits plan document.
  • Option B: No
• Retirement Plans (401(k) or Pension):
  • Option A: Yes, Employee is eligible for participation in the Company's [401(k)/Pension] plan as described in the plan document.
  • Option B: No
• Disability Insurance:
  • Option A: Yes, Employee is eligible for [Short-Term/Long-Term] disability insurance coverage as described in the benefits plan document.
  • Option B: No
• Life Insurance:
  • Option A: Yes, Employee is eligible for life insurance coverage as described in the benefits plan document.
  • Option B: No
• Paid Time Off:
  • Sick Leave: [Number] days per year.
  • Vacation: [Number] days per year.
  • Personal Days: [Number] days per year.
  • Holidays: [List of Company Holidays]
• Parental Leave: In accordance with company policy and applicable laws.
• Flexible Schedules:
  • Option A: Yes, subject to manager approval and company policy.
  • Option B: No
• Wellness Programs: [Description of Wellness Programs]
• Employee Assistance Program (EAP):
  • Option A: Yes, Employee is eligible for EAP services.
  • Option B: No
• Other Fringe Benefits: [List any other benefits]

7. Employee Obligations and Conduct Standards

• Working Hours: Employee is expected to work the hours specified in Section 2 and any additional hours reasonably necessary to fulfill their duties.
• Telecommuting/Remote Work:
  • Option A: Allowed, subject to the company's telecommuting policy.
  • Option B: Not Allowed.
• Dress Code: [Description of Dress Code]
• Code of Conduct: Employee is required to adhere to the Company's Code of Conduct, as outlined in [Document Name/Location].
• Employer Policies and Procedures: Employee is required to adhere to all Company policies and procedures, as they may be amended from time to time.
• Substance Abuse: Employee is prohibited from being under the influence of alcohol or illegal drugs while performing their duties or on Company property, consistent with West Virginia law.
• Use of Company Property: Employee is responsible for the proper care and use of all Company property entrusted to them.
• Additional Policies: [Add links or references to detailed policies as needed]

8. Intellectual Property and Confidentiality

• Nondisclosure of Trade Secrets and Confidential Information: Employee agrees to hold all trade secrets and confidential information of the Employer in strict confidence, both during and after employment.
• Assignment of Inventions: Employee agrees to assign to the Employer all rights, title, and interest in any inventions, discoveries, or creative works made or conceived by the Employee during the term of employment and related to the Employer's business.
• Exceptions for Prior Inventions: [List any prior inventions that are not subject to assignment]
• Non-Competition:
  • Option A: Employee agrees to not compete with the Employer within [Geographic Area] for a period of [Duration] following termination of employment. This clause is intended to be reasonable in scope and duration under West Virginia law.
  • Option B: Non-Competition Clause Not Applicable.
• Non-Solicitation:
  • Option A: Employee agrees not to solicit the Employer's clients, customers, or employees for a period of [Duration] following termination of employment.
  • Option B: Non-Solicitation Clause Not Applicable.

9. Employee Separation

• Resignation: Employee is required to provide [Number] days' written notice of resignation.
• Termination: Employer may terminate the employment relationship as set forth in Section 10 below.
• Final Payments: Employee will receive all earned and unpaid wages, including accrued vacation pay (if applicable under West Virginia law), in accordance with West Virginia law.
• Return of Property: Employee is required to return all Company property, including computers, phones, documents, and other materials, upon termination of employment.
• Severance Package:
  • Option A: Employee may be eligible for a severance package as determined by the Employer's severance policy.
  • Option B: No Severance Package will be provided.
• Post-Employment Obligations: Employee's obligations under Sections 8 and other applicable sections of this Agreement shall survive the termination of employment.

10. Termination Grounds and Procedures

• Voluntary Resignation: Employee may resign their employment by providing written notice as specified in Section 9.
• Termination For Cause: Employer may terminate Employee's employment for cause, including but not limited to:
  • Misconduct
  • Policy Violation
  • Breach of Duty
• Termination Without Cause: Employer may terminate Employee's employment without cause, subject to any applicable notice requirements.
• Layoff: Employer may layoff Employee due to economic or business reasons.
• Progressive Discipline:
  • Option A: Employer will follow a progressive discipline process, including verbal warnings, written warnings, and suspension, prior to termination, unless the misconduct is egregious.
  • Option B: Employer reserves the right to terminate employment at any time, with or without cause, and is not required to follow a progressive discipline process.

11. Statutory Compliance

• Equal Opportunity Employment (EEO) and Anti-Discrimination: The Employer is an Equal Opportunity Employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by federal, state, or local law, including West Virginia law.
• Anti-Harassment and Anti-Retaliation: The Employer prohibits harassment and retaliation of any kind.
• ADA Accommodations: The Employer will provide reasonable accommodations to qualified individuals with disabilities in accordance with the Americans with Disabilities Act.
• West Virginia-Specific Protected Categories: The Employer will not discriminate based on lawful off-duty tobacco or alcohol use, as prohibited by West Virginia law.

12. Workplace Health and Safety

• Compliance with OSHA and West Virginia Division of Labor: The Employer will comply with all applicable health and safety laws and regulations, including those of the Occupational Safety and Health Administration (OSHA) and the West Virginia Division of Labor.
• Workers' Compensation: Employee is covered by workers' compensation insurance in accordance with West Virginia law.
• Reporting Workplace Injuries: Employee is required to report all workplace injuries to their supervisor immediately.

13. Performance Evaluations, Promotion, Demotion, and Wage Reviews

• Performance Evaluations:
  • Option A: Employee will receive performance evaluations [Frequency].
  • Option B: Performance evaluations are at the discretion of the Employer.
• Promotion/Advancement: Opportunities for promotion or advancement are based on performance, skills, and business needs.
• Demotion: Employer reserves the right to demote Employee for performance-related or other legitimate business reasons.
• Wage Reviews:
  • Option A: Employee's wage will be reviewed [Frequency].
  • Option B: Wage reviews are at the discretion of the Employer.

14. Workplace Grievances

• Employee Grievance Procedure: [Describe the internal complaint procedure]
• Investigation of Misconduct: Employer will investigate any allegations of misconduct in a fair and impartial manner.

15. Dispute Resolution

• Mediation:
  • Option A: Any dispute arising out of or relating to this Agreement shall be submitted to non-binding mediation in [City, West Virginia].
  • Option B: Mediation is not required.
• Arbitration:
  • Option A: 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 in [City, West Virginia].
  • Option B: Arbitration is not required.
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to its conflict of laws principles.
• Venue and Jurisdiction: Any legal action or proceeding arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County, West Virginia].

16. Employment Policies on Privacy, Monitoring, Social Media, and Data Protection

• Privacy: Employer respects Employee's privacy to the extent required by law and company policy.
• Monitoring: Employer may monitor Employee's email, internet usage, and phone calls, subject to applicable laws and company policy.
• Social Media: Employee's use of social media should be consistent with the Employer's social media policy, as outlined in [Document Name/Location].
• Data Protection: Employee is required to protect the confidentiality and security of all Company data.

17. Entire Agreement, Modification, Severability, Assignability, and Waiver

• Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Modification/Amendment: This Agreement may be modified or amended only by a written instrument signed by both parties.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Assignability: This Agreement may not be assigned by the Employee without the prior written consent of the Employer. The Employer may assign this agreement.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

18. Required Notices

• Union Membership/Collective Bargaining Agreement:
  • Option A: Employee's position is subject to a collective bargaining agreement. Details are available from [Contact Person/Union Representative].
  • Option B: Employee's position is not subject to a collective bargaining agreement.
• Compliance with Prevailing Wage/Wage Laws: The Employer will comply with all applicable prevailing wage laws and other special West Virginia wage laws. Employee has the right to discuss their wages under federal and state law.

19. Other Provisions

• Moonlighting/Outside Employment:
  • Option A: Employee is permitted to engage in outside employment, provided that it does not interfere with their duties to the Employer.
  • Option B: Employee is prohibited from engaging in outside employment without the prior written consent of the Employer.
• Employer-Provided Vehicle/Equipment: [Details regarding use, maintenance, and insurance]
• Travel Expenses/Business Reimbursement: Employee will be reimbursed for reasonable and necessary business expenses in accordance with the Employer's expense reimbursement policy.

Employee Acknowledgment:

I acknowledge that I have read, understood, and agree to the terms and conditions of this Employment Contract.

_______________________________
[Employee Name]

_______________________________
[Employee Signature]

Date: _______________________________

Employer Acknowledgment:

_______________________________
[Company Representative Name]

_______________________________
[Company Representative Signature]

Title: _______________________________

Date: _______________________________

Notary/Witness (If Required):

State of West Virginia, County of _______________________________

Subscribed and sworn to before me this _____ day of _______________, 20_____.

_______________________________
[Notary Public/Witness Name]

_______________________________
[Notary Public/Witness Signature]

My Commission Expires: _______________________________

Acknowledgment of Receipt of Employee Handbook and Required Notices:

Employee acknowledges receipt of the Employee Handbook and all required notices under federal and West Virginia law, including but not limited to the FLSA, FMLA, and the West Virginia Wage Payment and Collection Act.