West Virginia graphic designer employment contract template

West Virginia Graphic Designer Employment Agreement

This West Virginia Graphic Designer Employment Agreement (the “Agreement”) is made and entered into as of [Date] by and between [Employer Name], a [State] corporation with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

Employer’s Phone: [Employer Phone]

Employer’s Email: [Employer Email]

Employee’s Phone: [Employee Phone]

Employee’s Email: [Employee Email]

Job Title and Responsibilities

Option A: The Employee is hired as a Graphic Designer.

Option B: The Employee is hired as a Senior Graphic Designer.

The Employee will perform the following responsibilities:

• Creating digital and print design assets, including but not limited to logos, brochures, social media graphics, flyers, posters, UI elements, and advertisements.
• Collaborating with marketing and internal teams on creative concepts.
• Managing brand guidelines.
• Preparing production-ready files.
• Handling color correction and pre-press verification.
• Participating in client presentations.
• Adhering to copyright law.
• Maintaining knowledge of design software (e.g., Adobe Creative Cloud, Figma).
• Other duties as assigned by the Employer.

Qualifications and Skills

Option A: Required technical qualifications include a Bachelor’s degree in Graphic Design or a related field, or equivalent experience.

Option B: Required technical qualifications include an Associate's degree in Graphic Design or a related field, or equivalent experience.

Portfolio requirements: Must provide a portfolio demonstrating proficiency in graphic design principles and software.

Minimum software proficiency: Adobe Creative Suite (Photoshop, Illustrator, InDesign).

Industry certifications: [List any preferred or required certifications]

Reporting and Reviews

The Employee will report to [Supervisor Name], [Supervisor Title].

Design deliverables will be reviewed [Frequency] (e.g., weekly, bi-weekly) in [Form of Review] (e.g., project meetings, written feedback).

Expectations for collaborative creative processes include active participation in brainstorming sessions and providing constructive feedback.

Work Location and Remote Work Policy

Option A: The primary work location is [Employer Address in West Virginia].

Option B: Remote/Hybrid Work Policy:

• The Employee may work remotely [Percentage of Time], subject to Employer approval.
• Technology and equipment responsibilities: The Employee is responsible for maintaining a secure and reliable internet connection.
• Employer-provided software/hardware: The Employer will provide [List Software/Hardware].
• Secure data workflow mandates: The Employee must adhere to all Employer security protocols.
• Adherence to client confidentiality and security protocols for offsite work is required.

Employment Status and Work Hours

The Employee's employment is full-time.

Standard weekly hours are [Number] (e.g., 40) hours per week.

Expectations for schedule flexibility: Based on project deadlines and peak periods, the Employee may be required to work additional hours.

Overtime eligibility: [State Overtime Eligibility] (e.g., eligible for overtime pay for hours worked over 40 per week, in accordance with West Virginia law).

• West Virginia specific provisions for overtime pay: Overtime will be paid at a rate of one and one-half times the Employee’s regular rate of pay for hours worked over 40 in a workweek.
• Rest breaks and meal periods: The Employee is entitled to rest breaks and meal periods as required by West Virginia law.

Compensation

Annual salary: [Dollar Amount] per year, or hourly wage of [Dollar Amount] per hour.

Wage payment method and cycle: The Employee will be paid [Frequency] (e.g., bi-weekly) via [Payment Method] (e.g., direct deposit), in accordance with the West Virginia Wage Payment and Collection Act.

Eligibility and criteria for project-related bonuses or performance incentives: [State Bonus/Incentive Eligibility and Criteria]

Expense reimbursement: The Employee will be reimbursed for reasonable expenses related to design resources or business travel, subject to Employer policy.

Payroll deductions or adjustments: Payroll deductions or adjustments will be made in accordance with West Virginia law.

Benefits

Employer-sponsored health, vision, and dental insurance: [State Health Insurance Details] (Compliant with West Virginia regulations and ACA requirements).

401(k) or pension eligibility: [State 401(k) or Pension Details]

Vacation, paid sick leave, and holidays:

• Vacation: [Number] days per year.
• Paid sick leave: [Number] days per year.
• Holidays: [List Observed Holidays] (Note: Includes state and federal holidays observed).

Paid family leave: [State Paid Family Leave Details, if applicable]

Professional development funds: [Dollar Amount] per year for design training/software certification.

Conference attendance policies: [State Conference Attendance Policies]

Design-specific allowances: [State Design Allowances, e.g., for research materials]

Intellectual Property

All digital or physical works, drafts, source files, concepts, typographic assets, brand identities, and derivative designs produced during employment or with company resources are works made for hire and property of the Employer.

Disclosure and approval requirements for any prior work or personal creative contributions: The Employee must disclose any prior work or personal creative contributions that may be incorporated into their work for the Employer.

Rules for portfolio usage of in-house work: [State Portfolio Usage Rules, e.g., requiring employer consent]

Confidentiality and Data Protection

The Employee acknowledges that they will have access to confidential information, including product launches, marketing strategies, client identity and specifications, proprietary artwork, and unpublished materials.

Obligations surviving termination: The Employee's confidentiality obligations will survive termination of this Agreement, in accordance with the West Virginia Uniform Trade Secrets Act.

Conflicts of Interest and Copyright

The Employee agrees to avoid conflicts of interest.

Restrictions on the use and distribution of third-party or stock design assets: The Employee must obtain proper licenses for all design assets used.

Mandatory adherence to copyright, trademark, or publicity rights law: The Employee is responsible for ensuring that all designs comply with applicable laws.

Indemnity for copyright infringement caused by unauthorized asset use: The Employee will indemnify the Employer for any copyright infringement caused by the Employee's unauthorized use of assets.

Freelance Work

Option A: Freelance work or outside creative engagements are prohibited.

Option B: Freelance work or outside creative engagements are permitted with prior written approval from the Employer.

This clause references West Virginia law on protection of employee rights outside working hours under West Virginia Code § 21-3-19.

Performance Expectations

Design review feedback timelines: The Employer will provide feedback on design deliverables within [Number] days.

Project revision limits: The Employee is expected to make a reasonable number of revisions to designs.

Client communication protocols: [State Client Communication Protocols, if applicable]

Key performance indicators (KPIs): [List KPIs related to design production]

Anti-Discrimination and Equal Opportunity

The Employer is an equal opportunity employer and complies with the West Virginia Human Rights Act.

Protections for race, color, religion, ancestry, sex, age, disability, blindness, national origin, and other categories as mandated by state law are provided.

Employer grievance and reporting processes: [State Grievance and Reporting Processes]

Non-Compete/Non-Solicitation (Optional)

Option A: There is no non-compete or non-solicitation clause in this agreement.

Option B: Non-Compete/Non-Solicitation Clause:

• The Employee agrees not to compete with the Employer or solicit its clients for a period of [Number] months after termination of employment, within a radius of [Number] miles of [Employer Address].
• This clause is narrowly tailored to West Virginia enforceability requirements and acknowledges West Virginia policy favoring employee mobility and judicial review.

Termination

Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause.

Termination procedures:

• Required written notice: [State Required Notice Period, if any]
• Final pay deadlines: Final pay will be provided as stated in the WV Wage Payment and Collection Act.
• Return-of-property protocols: The Employee must return all company-issued hardware or design assets upon termination.
• Severance terms: [State Severance Terms, if any]
• Coverage of voluntary resignation, employer-initiated dismissal, and potential layoffs are included.

Dispute Resolution

Internal complaint mechanisms will be used initially.

Mediation or arbitration in West Virginia jurisdiction will be used if internal mechanisms fail.

West Virginia law governs this contract.

Occupational Health and Safety

Compliance with federal and state occupational health and safety rules is required.

Ergonomic standards: [State Ergonomic Standards, if applicable]

Mental health support: [State Mental Health Support Details, if applicable]

Employment Eligibility Verification

Required employment eligibility verification under I-9 rules is required.

EEO posters display are provided.

Background and reference checks: [State Background/Reference Check Details, if applicable]

Employee Privacy and Monitoring Policy

Employee privacy and monitoring policy regarding digital device or design file audits is in place.

Notice provisions are compliant with West Virginia law.

Software and Technical Skill Updates

Obligations for continual software and technical skill updates as part of professional duties are required.

Team Meetings and Collaboration

Expectations for participation in team meetings, brainstorming sessions, and feedback cycles are included.

Contract Amendment, Severability, Waiver, Integration, and Assignability

Provisions for contract amendment, severability, waiver, integration, and assignability are included.

This agreement supersedes all prior agreements.

Optional Adjustments

Any element of this contract can be adjusted to reflect company-specific or project-specific requirements and evolving design industry practices.

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]