West Virginia HR assistant employment contract template
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How West Virginia HR assistant employment contract Differ from Other States
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West Virginia employment contracts reflect 'at-will' employment more strictly, limiting grounds for wrongful termination claims compared to some states.
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State law requires employers to issue final paychecks within 72 hours if employment is terminated, which is faster than many states.
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West Virginia imposes specific regulations regarding wage deductions and garnishments, requiring explicit consent and adherence to state laws.
Frequently Asked Questions (FAQ)
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Q: Does West Virginia require employment contracts for HR assistants?
A: No, employment contracts are not mandatory. However, having a written contract can clarify roles and expectations.
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Q: What is the minimum wage provision in a West Virginia HR assistant contract?
A: The contract must comply with the West Virginia minimum wage, which may be higher than the federal minimum wage.
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Q: Can non-compete clauses be included in West Virginia HR assistant contracts?
A: Yes, but non-compete clauses must be reasonable in scope, duration, and geography to be enforceable under state law.
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West Virginia HR Assistant Employment Contract
This West Virginia HR Assistant Employment Contract ("Agreement") is made and entered into as of [Date of Execution] by and between [Company Name], a company organized under the laws of West Virginia, with its principal place of business at [Company Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").
1. Position:
Option A: HR Assistant
Detailed Job Description: The Employee is hired as an HR Assistant, responsible for providing administrative, clerical, and compliance support to the HR department. The Employee’s duties include, but are not limited to: employee onboarding and offboarding, maintaining personnel records, processing benefits (including assisting with WV PEIA if applicable), assisting with payroll, supporting regulatory filings (WV unemployment insurance, Workers' Compensation), preparing employment documentation, providing first-level support for employee relations and policy matters, assisting with recruitment, handling confidential personnel data, and ensuring compliance with the West Virginia Human Rights Act.
Option B: HR Assistant - Specialized
Detailed Job Description: (As above, but include a specialization. E.g., "with a specialization in benefits administration").
2. Reporting Structure:
Option A: The Employee will report directly to the [Job Title of Supervisor].
Option B: The Employee will report to the [Job Title of Supervisor] and will also take direction from other HR staff as needed.
3. Work Location:
Option A: The Employee's primary work location will be at the Employer's office located at [Company Address] in West Virginia.
Option B: Remote Work
The Employee will primarily work remotely, subject to the Employer's remote work policy. The Employee acknowledges and agrees to comply with all data privacy protocols for handling personal data and secure storage/processing of HR documentation under West Virginia law.
Option C: Hybrid
The Employee will work a hybrid schedule consisting of both remote and in-office work at [Company Address], as determined by the Employer.
4. Employment Status:
Full-time Employment: The Employee's position is a full-time position, generally requiring [Number] hours per week. Regular working hours are [Start Time] to [End Time], [Days of the Week]. The Employee is eligible for overtime pay as per West Virginia law. Specific break and meal periods will be scheduled in accordance with West Virginia law. The Employee is expected to accurately track their time and attendance.
5. Compensation:
Option A: Salary
The Employee's annual salary will be [Dollar Amount], payable [Pay Frequency] (e.g., bi-weekly).
Option B: Hourly Wage
The Employee's hourly wage will be [Dollar Amount], payable [Pay Frequency] (e.g., bi-weekly).
Overtime will be paid at a rate of one and one-half times the regular rate of pay for hours worked over 40 in a workweek, as required by West Virginia law. All withholdings and deductions will be reported as required by law, including state and local taxes and WV child support garnishments, if applicable. Wage increases will be determined at the Employer’s discretion.
6. Benefits:
The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
- Health insurance (with reference to state-specific plans or ACA requirements).
- Dental insurance.
- Vision insurance.
- Retirement/pension/401(k) plan.
- Paid vacation and sick leave (accrual policies to be provided separately and in accordance with WV law).
- Statutory holidays recognized in West Virginia.
- FMLA leave (if eligible).
- Eligibility for unemployment insurance.
Leave requests will be processed in accordance with company policy and applicable law, including provisions for short-term disability or Workers' Compensation.
7. Training and Compliance:
The Employee is required to participate in mandatory training and compliance programs, including annual anti-discrimination, workplace harassment, and safety training. The Employer may support HR credential attainment as deemed necessary.
8. Confidentiality:
The Employee acknowledges that they will have access to confidential information, including personnel files, compensation data, medical information, and background check information. The Employee agrees to maintain the confidentiality of all such information and comply with the West Virginia Human Rights Act, HIPAA (if applicable), and company policy. Non-disclosure of any personal or confidential employee data is required at all times, even post-termination.
9. Personnel Records:
The Employee will handle and retain personnel records in accordance with West Virginia record-keeping requirements, including retention periods for employment applications, performance reviews, and disciplinary documents. Proper document destruction/disposal methods will be followed.
10. HR Information Systems:
The Employee will use HR information systems appropriately and will not engage in unauthorized access, data sharing, or modification of records. The Employee agrees to comply with the Employer's IT security and West Virginia data privacy standards.
11. Professional Conduct:
The Employee will adhere to high standards of professional conduct, demonstrating neutrality, and following anti-retaliation provisions. The Employee is required to report any policy violations, discrimination, or harassment, in line with the West Virginia Human Rights Commission requirements.
12. Outside Employment/Conflicts of Interest:
The Employee must avoid any outside employment or activities that create a conflict of interest with their duties to the Employer. The Employee has a duty of loyalty to the Employer.
13. At-Will Employment:
The Employee's employment is at-will, as recognized under West Virginia law, and may be terminated by either party at any time, with or without cause or notice, subject to any collective bargaining agreement.
Voluntary and involuntary termination procedures will be followed, including compliance with West Virginia's final paycheck and wage payment deadlines under WV Code §21-5-4. Grounds for immediate termination include breach of confidentiality, willful misconduct, or falsification of records. Upon termination, the Employee will return all Employer property and data. Any severance policy will be administered at the Employer's discretion.
14. Anti-Discrimination and Harassment:
The Employer prohibits discrimination and harassment based on race, color, religion, ancestry, sex, age, blindness, disability, national origin, marital status, or any other characteristic protected by federal, West Virginia Human Rights Act, and local law. The Employer has a complaint and grievance procedure for addressing such issues.
15. Employee Handbook:
The Employee acknowledges receipt of and agrees to adhere to the Employer's employee handbook and HR policies, as updated from time to time.
16. Mandatory Reporting:
The Employee is responsible for reporting workplace injuries or statutory compliance issues. The Employee will assist the Employer in complying with state and federal workforce regulations, unemployment insurance, and wage/hour requirements.
17. Intellectual Property/Non-Solicitation:
The Employee agrees that all work product created during their employment is the property of the Employer. The Employee agrees not to solicit the Employer's employees or customers for a period of [Number] months following termination of employment.
18. Dispute Resolution:
Any disputes arising under this Agreement will be resolved through internal escalation, mediation/arbitration, and, if necessary, exclusive venue in West Virginia courts, subject to applicable state statutes.
19. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia. The Employer provides workers' compensation insurance, a safe work environment under West Virginia OSHA-adopted standards, and will comply with affirmative action obligations (if applicable).
20. Wage Payment:
The West Virginia Wage Payment and Collection Act applies to this Agreement. The Employer will follow procedures for pay, time reporting, and correction of payroll errors. The Employer will also provide reasonable accommodations for disabilities in the workplace, in accordance with state and federal law.
21. Amendment:
The Employer reserves the right to amend this Agreement and company policies consistent with changes in West Virginia employment law and industry practice. Any amendments will require the Employee's signed acknowledgement.
22. Language and Accessibility:
The Employee's employment documents, policies, and all addenda are provided and explained in compliance with West Virginia's language, accessibility, and notification statutes.
23. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Company Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
Date: [Date]
[Employee Name]
Signature: ____________________________
Date: [Date]