West Virginia HR generalist employment contract template

West Virginia HR Generalist Employment Contract

This Full-Time Human Resources Generalist Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Name], a company organized and existing under the laws of West Virginia, with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Position:

• Option A: HR Generalist
• Option B: Senior HR Generalist

2. Job Responsibilities:

• Option A: The Employee will be responsible for performing the following duties:
  • Talent acquisition and recruitment in compliance with West Virginia and federal regulations.
  • Onboarding, orientation, and employee lifecycle administration.
  • Payroll processing, benefits administration tailored to state and federal benefits requirements.
  • Employee relations, conflict resolution, workplace investigations.
  • Leave of absence and FMLA management pursuant to West Virginia’s implementation.
  • Policy drafting and implementation.
  • Compliance with federal and West Virginia labor laws (including the West Virginia Wage Payment and Collection Act).
  • Risk mitigation.
  • Workers’ compensation administration as per West Virginia Code.
  • OSHA and state workplace safety compliance.
  • EEO/anti-discrimination investigations and reporting under West Virginia Human Rights Act.
  • Unemployment and disability claims administration as applicable.
  • HRIS data management and secure recordkeeping.
  • Conducting and documenting workplace trainings required by West Virginia law.
  • Acting as primary HR contact point for the business.
• Option B: [Customize Job Responsibilities]

3. Qualifications:

• Option A:
  • Required: Bachelor’s degree in Human Resources or related field.
  • Preferred: SHRM-CP or PHR certification.
  • Proficiency in HRIS systems ([HRIS System Name]), payroll systems ([Payroll System Name]), and timekeeping tools ([Timekeeping Tool Name]).
  • Strong communication and conflict-resolution skills.
• Option B: [Customize Qualifications]

4. Reporting Relationship:

• Option A: The Employee will report directly to the [HR Director Name] (HR Director).
• Option B: The Employee will report directly to the [Operations Manager Name] (Operations Manager).

5. Work Location & Telework:

• Option A: The Employee’s primary work location will be at the Employer’s office located at [Employer Address].
• Option B: Telework Policy: Eligible for remote work up to [Number] days per week, subject to Employer’s Telework Policy, ensuring compliance with state wage and hour rules. Employer will provide secure technology and protocols for HR data confidentiality.

6. Employment Status and Hours:

• Option A: Full-time employee.
• Option B: The Employee’s regular work schedule will be [Number] hours per week, typically from [Start Time] to [End Time], Monday through Friday. Overtime eligibility and calculation will be in line with West Virginia Minimum Wage and Maximum Hours Standards.
  • Rest/Meal Period Policy: The Employee will be entitled to a [Length] minute [paid/unpaid] break each day.

7. Compensation:

• Option A: The Employer will pay the Employee an annual salary of [Salary Amount], payable [Pay Frequency, e.g., bi-weekly], via [Method of Payment, e.g., direct deposit] in accordance with West Virginia’s mandatory payday laws.
• Option B: Hourly rate of [Hourly Rate], with overtime paid at 1.5x the regular rate for hours worked over 40 in a workweek.
• Option C: Bonus Structure: Discretionary annual bonus based on individual and company performance, as determined by the Employer.

8. Benefits:

• Option A: The Employee will be eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
  • Health insurance.
  • Dental insurance.
  • Vision insurance.
  • Life insurance.
  • 401(k) retirement plan.
  • Paid vacation ([Number] days per year).
  • Paid sick leave ([Number] days per year).
  • [Number] Paid/State holidays recognized in West Virginia.
  • Parental/bereavement leave policy.
  • Short-term disability.
  • Tuition assistance for HR certifications ([Amount]).
  • Professional development allowances ([Amount]).
• Option B: [Customize Benefits Package]

9. Confidentiality:

• Option A: The Employee acknowledges that they will have access to confidential information concerning the Employer’s business, employees, and applicants. The Employee agrees to hold all such information in strict confidence and not to disclose it to any third party, both during and after employment. This includes, but is not limited to, employee personal information, HR files, payroll records, proprietary company policies, and compensation structures. Unauthorized disclosure of personal or identifying employee information is strictly prohibited. The Employee will handle and secure electronic HR data in compliance with applicable state and federal data protection requirements.
• Option B: [Customize Confidentiality Clause]

10. Conflict of Interest and Outside Engagement:

• Option A: The Employee agrees to avoid any conflict of interest with the Employer. The Employee shall not engage in any outside employment or business activity that interferes with their duties to the Employer, particularly with competing or client companies where sensitive HR information or relationships are involved.
• Option B: [Customize Conflict of Interest Clause]

11. Intellectual Property:

• Option A: All HR process documentation, policy templates, or training materials created by the Employee during their employment shall be the property of the Employer, except for any prior work excluded in writing.
• Option B: [Customize Intellectual Property Clause]

12. Non-Solicitation:

• Option A: During the term of employment and for a period of [Number] months following termination of employment, the Employee shall not solicit, recruit, or attempt to solicit or recruit any employee or client of the Employer. This restriction is specifically tailored to protect the Employer’s legitimate business interests within West Virginia and complies with the state’s limits on employee non-solicitation agreements.
• Option B: [Customize Non-Solicitation Clause]

13. Non-Compete:

• Option A: (Optional – Consult Legal Counsel): The Employee agrees that during the term of employment and for a period of [Number] months following termination of employment within [Geographic Area, e.g., West Virginia], the Employee will not engage in any employment or business activity that directly competes with the Employer’s business as it relates to HR generalist functions. This non-compete clause is narrowly tailored and complies with West Virginia's standards and court precedents. It is designed to protect legitimate business interests and avoids overbreadth or undue hardship.
• Option B: [Customize Non-Compete Clause – Requires careful legal review under West Virginia law]

14. At-Will Employment and Termination:

• Option A: The Employee’s employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to the following:
  • Voluntary Resignation: The Employee shall provide [Number] days written notice of resignation.
  • Employer-Initiated Termination: All wages due will be paid within 72 hours upon involuntary termination, as required under WV law.
  • Severance Pay: [State Severance Policy – if any].
  • Accrued PTO: Accrual/payment or forfeiture of unused PTO will be consistent with company policy.
  • Return of Property: The Employee shall return all confidential information and company equipment upon termination.
• Option B: [Customize Termination Clause]

15. Behavioral Standards:

• Option A: The Employee shall adhere to all West Virginia and federal anti-discrimination laws, anti-harassment policies, and the Employee Handbook. The Employee will comply with all protections under the West Virginia Human Rights Act (including, but not limited to, race, color, religion, national origin, sex, ancestry, blindness, disability, age). The Employee is committed to promoting a diverse, safe, and harassment-free workplace as an HR leader. The Employee has mandatory reporting responsibilities for workplace grievances and regulatory violations.
• Option B: [Customize Behavioral Standards]

16. Complaint Resolution:

• Option A: The Employer will follow established procedures for investigating and resolving workplace complaints under state law. All HR investigations will be documented in writing. Mandated reporting to state agencies will be followed when required.
• Option B: [Customize Complaint Resolution Procedure]

17. Dispute Resolution:

• Option A: Any dispute arising out of or relating to this Agreement shall be resolved through the following steps: internal grievance resolution, then mediation, and finally arbitration/litigation as necessary, with West Virginia law and venue controlling.
• Option B: [Customize Dispute Resolution Procedure]

18. Compliance with West Virginia Law:

• Option A: The Employee shall comply with all applicable West Virginia laws, including unemployment compensation, workers’ compensation coverage, and safety policies. The Employee acknowledges the applicability of the West Virginia Human Rights Commission for anti-discrimination complaints. The Employer complies with posting and notification requirements.
• Option B: [Customize Compliance Clause]

19. Required Employee Notifications:

• Option A: The Employee acknowledges receipt of required workplace posters, wage/payment notices, and employment eligibility verification (I-9).

20. Collective Bargaining Agreement:

• Option A: This Agreement is not subject to any collective bargaining agreement.
• Option B: This Agreement is subject to the terms of the collective bargaining agreement between the Employer and [Union Name].

21. Savings Clause:

• Option A: If any provision of this Agreement is held to be unenforceable under West Virginia law, the remaining provisions shall remain in full force and effect.

22. Amendment:

• Option A: This Agreement may be amended only by a written instrument signed by both the Employer and the Employee.

23. Acknowledgement of Key HR Policies:

• Option A: The Employee acknowledges receipt and understanding of the Employer’s Employee Handbook and key HR policies.

24. Job Duty Adjustments:

• Option A: The Employer reserves the right to adjust the Employee’s job duties as required by business necessity or law.

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]