West Virginia maintenance technician employment contract template

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How West Virginia maintenance technician employment contract Differ from Other States

  1. West Virginia has specific ‘at-will’ employment provisions, allowing employers or employees to terminate the contract at any time, unless otherwise agreed.

  2. The contract must comply with West Virginia minimum wage and overtime regulations, which may differ from other states’ requirements.

  3. Background checks in West Virginia must adhere to state privacy and authorization laws, which may affect hiring terms in the contract.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for maintenance technicians in West Virginia?

    A: A written contract is not mandatory but is highly recommended to clarify job terms and protect both parties’ interests.

  • Q: Can a West Virginia maintenance technician be terminated without cause?

    A: Yes. West Virginia follows the at-will employment doctrine, meaning technicians can be terminated with or without cause.

  • Q: Are there special overtime pay rules for maintenance technicians in West Virginia?

    A: Yes. West Virginia regulations require overtime pay for hours worked beyond 40 per week unless an exemption applies.

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West Virginia Maintenance Technician Employment Agreement

This Full-Time Maintenance Technician Employment Agreement (the “Agreement”) is made and effective as of [Date], by and between [Employer Legal Name], a [State of Incorporation] corporation with a principal place of business at [Employer Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).

1. Job Title and Duties

The Employer hereby employs the Employee as a Maintenance Technician.

  • Option A: Employee's primary responsibilities include performing preventative and corrective maintenance on equipment and building systems (HVAC, plumbing, electrical, carpentry, etc.) at Employer's facilities in West Virginia.
  • Option B: Employee will also perform emergency repairs, inspections, safety checks, facility upgrades, record-keeping, adherence to preventative maintenance schedules, and use of mechanical and electrical diagnostic tools.
  • Option C: Employee may be required to provide documentation to clients via Employer-provided or client-provided electronic systems.

2. Required Certifications/Licenses

The Employee is required to hold or obtain the following certifications/licenses relevant to maintenance work in West Virginia:

  • Option A: HVAC certification
  • Option B: Electrical Journeyman License
  • Option C: Plumber’s License
  • Option D: EPA Section 608 Certification (Refrigerant Handling)
  • Option E: Employer will [Reimburse/Not Reimburse] for renewal costs of required licenses.

3. Worksite and Travel

Employee’s primary worksite is: [Worksite Address].

  • Option A: Employee may be required to travel to other Employer-owned properties within West Virginia.
  • Option B: Employee [Will/Will Not] be required to participate in an on-call rotation.
  • Option C: The Employer will provide the following: [Company Tools/Uniform/Safety Gear (PPE)/Company Vehicle/Mileage Reimbursement]. Specific policies regarding these provisions are outlined in the employee handbook.

4. Employment Type and Hours

This is a full-time employment position.

  • Option A: The expected hours are [Number] per week.
  • Option B: The designated schedule is [Schedule, e.g., Monday-Friday, 8:00 AM - 5:00 PM].
  • Option C: Overtime must be approved in advance by [Supervisor Title]. All work hours will be in accordance with West Virginia wage and hour laws.

5. Compensation

Employee shall be compensated as follows:

  • Option A: Hourly: $[Hourly Rate] per hour. Overtime will be paid at one and one-half times the regular hourly rate for hours worked over 40 in a workweek.
  • Option B: Salaried: $[Annual Salary] per year, payable [Frequency, e.g., bi-weekly]. This salary is intended to compensate for all hours worked, including overtime. However, employee may be eligible for overtime compensation as required under West Virginia law.
  • Option C: Additional compensation may include: [Safety Bonuses/Completion Bonuses/Shift Differentials/Holiday Premium Pay/On-Call Stipends/Tool or Uniform Allowances]. Details on these are available in the employee handbook.

6. Benefits

The Employer provides the following benefits:

  • Health, Dental, and Vision Insurance
  • Life Insurance
  • Disability Insurance
  • Workers’ Compensation Insurance (as mandated by West Virginia law)
  • Participation in Employer Retirement Plans
  • Paid Vacation: [Number] days per year.
  • Sick Leave: [Number] days per year.
  • West Virginia State Holidays
  • Additional Personal Days: [Number] days per year.
  • Training Support and Continuing Education: Subject to Employer approval.
  • Reimbursement for Job-Related Licensing or Certification Renewals (required by West Virginia law): Subject to Employer approval.

7. Drug and Alcohol Testing

  • Option A: Employee will be subject to pre-employment drug and alcohol testing.
  • Option B: Employee may be subject to random drug and alcohol testing as permitted by West Virginia law and Employer policy.

8. Workplace Safety

Employee is responsible for adhering to all OSHA and applicable federal/state safety standards.

  • Option A: Employee must report any hazards or injuries immediately to [Supervisor Title].
  • Option B: Employee will participate in mandatory safety meetings and trainings.

9. Employer Property

Employee is responsible for the care, proper use, and return of all Employer-issued tools, keys, access cards, and equipment.

  • Option A: Employee must adhere to all workplace security protocols.

10. Background Checks and Driving Records

  • Option A: Employment is contingent upon successful completion of a background check.
  • Option B: If driving is required, employment is contingent upon a satisfactory driving record check. Employee must maintain a valid driver's license.
  • Option C: Employee must be authorized to operate company or client vehicles.

11. Reporting Structure

Employee will report to [Supervisor Name and Title].

  • Option A: The emergency contact/escalation chain is: [Chain of Contacts].
  • Option B: Employee is expected to maintain ongoing communication and log work via [System Name].

12. Work Orders and Documentation

Employee will be responsible for:

  • Conducting work orders
  • Following preventative maintenance schedules
  • Documenting completed work
  • Managing work order prioritization

13. Customer Interaction

Employee will:

  • Follow standards of professional conduct.
  • Report customer service issues to [Supervisor Title].

14. Attendance and Punctuality

Employee must adhere to the Employer’s policies on attendance, punctuality, and call-out/absence reporting. Reference timekeeping procedures and corrective action as per West Virginia wage and hour law in the employee handbook.

15. Non-Harassment and Equal Opportunity

The Employer maintains a strict non-harassment, equal employment opportunity, anti-discrimination, and anti-retaliation policy in accordance with the West Virginia Human Rights Act. Discrimination based on race, religion, color, national origin, ancestry, sex, age, blindness, disability, or familial status is prohibited.

16. ADA Accommodation

The Employer will provide reasonable accommodations to qualified individuals with disabilities as required by the Americans with Disabilities Act (ADA).

17. Confidentiality

Employee agrees to maintain the confidentiality of security codes, work site access details, asset management information, and company property data.

18. Intellectual Property

All written reports, documentation, procedures, or minor equipment modifications developed during employment shall remain the property of the Employer.

19. Outside Work and Conflict of Interest

Employee must not accept side jobs from Employer clients or work for direct competitors without written consent from the Employer, as legally permitted under West Virginia law.

20. Return of Property

Upon termination of employment, Employee must surrender all Employer-issued tools, keys, badges, access cards, uniforms, company vehicle/fuel cards, and settle any outstanding advances or reimbursements.

21. Termination

  • Option A: Grounds for immediate termination include breach of safety protocols, gross negligence, substance abuse on the job, theft, or falsification of records.
  • Option B: Employee must provide [Number] weeks' notice for voluntary resignation.
  • Option C: Final pay will be calculated and paid in compliance with West Virginia law.
  • Option D: Severance [Will/Will Not] be offered, subject to Employer policy.

22. At-Will Employment

This is an at-will employment agreement, as governed by West Virginia law. This Agreement does not constitute a guarantee of continued employment.

23. Workplace Concerns

Employee may raise workplace concerns, health and safety complaints, or report potential violations under West Virginia whistleblower protection laws.

24. Dispute Resolution

Disputes will be resolved through complaint escalation, grievance procedures, and optional mediation/arbitration. This Agreement shall be governed by the laws of West Virginia, and any legal action shall be brought in the courts of [County Name] County, West Virginia.

25. Compliance with Laws

The Employer is committed to compliance with all applicable federal, state, and local regulations, including OSHA, EPA, state licensing, and building codes. Employee will have access to mandated labor law postings and policies.

26. Acknowledgement

Employee acknowledges receipt of the employee handbook, safety manual, and PPE policy and agrees to abide by Employer policies, which may be amended from time to time in accordance with West Virginia law.

27. Modification and Severability

This Agreement may only be modified in writing and signed by both parties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, consistent with West Virginia law.

28. 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.

Additional Site-Specific or Role-Specific Requirements: [Insert Any Additional Requirements Here]

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

[Employee Signature]

Date: [Date]

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