West Virginia office assistant employment contract template

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How West Virginia office assistant employment contract Differ from Other States

  1. West Virginia follows at-will employment strictly, allowing employers to terminate office assistants without cause, subject to specific exceptions.

  2. The minimum wage and overtime laws for office assistants in West Virginia may differ from federal law or other states, requiring compliance with state-specific standards.

  3. West Virginia mandates specific workplace safety and anti-discrimination disclosures within employment contracts that may not be required elsewhere.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for office assistants in West Virginia?

    A: No, a written contract is not legally required, but it is highly recommended to clarify employment terms for both parties.

  • Q: Can an office assistant in West Virginia be terminated without notice?

    A: Yes, due to at-will employment, but exceptions exist for terminations based on discrimination or retaliation.

  • Q: Are non-compete clauses enforceable in West Virginia office assistant contracts?

    A: Non-compete clauses are enforceable in West Virginia only if they are reasonable in duration, geography, and scope.

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West Virginia Office Assistant Employment Contract

This West Virginia Office Assistant Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between:

[Employer Full Legal Name], a [State of Incorporation] corporation with its principal place of business located at [Worksite Address in West Virginia] (“Employer”), and

[Employee Full Legal Name], residing at [Employee Address] (“Employee”).

1. Position

  • Employee is hereby employed by Employer as a full-time Office Assistant.
  • Job Description: The Employee’s duties and responsibilities include, but are not limited to:
    • Front desk reception.
    • Answering and directing phone calls.
    • Managing physical and electronic correspondence.
    • Scheduling appointments and meetings.
    • Filing and records management.
    • Data entry and document preparation.
    • Meeting arrangement and support.
    • Supply inventory management.
    • Office equipment operation and maintenance.
    • Basic bookkeeping/invoice processing (if applicable).
    • Visitor and vendor coordination.
    • Maintaining confidentiality of records.
    • Supporting daily administrative activities.
    • Other duties as assigned by Employer.

2. Skills and Qualifications

  • Required Skills and Qualifications:
    • Proficiency in Microsoft Office/Google Workspace.
    • Familiarity with standard office equipment (printers, copiers, scanners).
    • Excellent customer service and communication skills.
    • Strong organizational and time-management abilities.
    • Basic accounting/HR systems knowledge (if applicable).
    • High school diploma or equivalent.

3. Reporting Structure and Performance Evaluation

  • Reporting Structure: Employee will report directly to [Supervisor Name], [Supervisor Title].
  • Performance Evaluation: Employee’s performance will be evaluated [frequency, e.g., annually] using a [format, e.g., written review and meeting] process.
    • Option A: Goals will be set at the beginning of each review period.
    • Option B: Performance will be evaluated based on key performance indicators (KPIs).

4. Work Location and Remote Work Policy

  • Primary Work Location: The Employee’s primary work location will be [Worksite Address in West Virginia].
  • Remote Work Policy:
    • Option A: Remote work is not permitted for this position.
    • Option B: Hybrid/remote work may be permitted subject to Employer’s policies and approval.
      • Security of sensitive information must be maintained.
      • Employee is responsible for maintaining a secure remote workspace.
      • On-site attendance may be required as needed.
    • Option C: Full-time remote work is permitted per the Employer’s remote work policy. Employee is responsible for ensuring proper data security, safeguarding company equipment, and maintaining internet connectivity adequate for remote work.

5. Employment Status and Work Hours

  • Employment Status: Full-time.
  • Work Hours:
    • Standard weekly work hours: [Number, usually 40] hours per week.
    • Daily schedule: [Start Time] to [End Time], Monday through Friday.
    • Meal breaks: [Length, e.g., 30 minutes] unpaid meal break.
    • Compliance with West Virginia Wage Payment and Collection Act for rest/meal periods and timekeeping.

6. Overtime Policy

  • Overtime: All hours worked in excess of 40 hours per week will be paid at one and one-half (1.5) times the Employee’s regular rate of pay, in compliance with West Virginia and federal (FLSA) law.
    • Overtime work must be pre-authorized by [Supervisor Name/Title].

7. Compensation

  • Base Pay:
    • Option A: [Dollar Amount] per year.
    • Option B: [Dollar Amount] per hour.
  • Pay Frequency: [Biweekly/Semimonthly].
  • Method of Payment: [Direct deposit/Check].
  • Deductions: Deductions will be made as required by law (e.g., taxes, social security) and as authorized by Employee.
  • Incentives/Bonuses:
    • Option A: Employee may be eligible for performance-based bonuses, subject to Employer’s bonus plan.
    • Option B: No bonus is guaranteed.

8. Benefits

  • Statutory and Employer-Provided Benefits:
    • Group health insurance (subject to eligibility requirements).
    • Dental/vision insurance (if provided).
    • Paid time off (vacation, sick days, personal days) per Employer’s policy.
    • Paid/unpaid leave as required by the West Virginia Parental Leave Act and federal FMLA.
    • State holidays.
    • Short/long-term disability (if applicable).
    • Employee Assistance Program (if applicable).
    • Retirement plan eligibility (401k/IRA if offered) (subject to eligibility requirements).
    • Benefits are subject to change per company policy.

9. Leave Types

  • Leave Types:
    • Jury duty leave (as required by West Virginia law).
    • Military leave (as required by West Virginia law).
    • Voting leave (as required by West Virginia law).
    • Bereavement leave (per Employer policy).

10. At-Will Employment

  • At-Will Employment: This is an at-will employment relationship. Both Employer and Employee have the right to terminate the employment relationship at any time, with or without cause or notice, subject to the terms outlined in this agreement. This provision is in accordance with West Virginia law.
    • Preferred notice period for resignation: [Number] weeks.
    • Preferred notice period for employer-initiated termination: [Number] weeks.
    • Final wage payment will be made no later than the next regular payday, in compliance with the West Virginia Wage Payment and Collection Act.

11. Termination

  • Grounds for Termination:
    • Poor performance.
    • Misconduct.
    • Violation of company policy.
    • Absenteeism.
    • Layoffs.
    • Other lawful reasons.
  • Procedures for Progressive Discipline:
    • Option A: The Employer may use progressive discipline steps such as verbal warning, written warning, suspension, and termination.
    • Option B: The Employer is not required to use progressive discipline.
  • Return of Company Property: Upon termination, Employee must immediately return all company property, including but not limited to computers, phones, documents, and access cards.
  • Access Revocation: Upon termination, the Employer will revoke all employee access to building, computer and other electronic systems.
  • Exit Interview: Employer may conduct an exit interview with employee.

12. Confidentiality

  • Confidentiality: Employee acknowledges that during the course of employment, Employee will have access to confidential and proprietary information of Employer, its customers, and its employees. This includes, but is not limited to, financial data, health information (if exposed to such records), proprietary internal processes, customer lists, pricing information, and business strategies. Employee agrees to maintain the confidentiality of such information and to not disclose it to any third party, either during or after employment. Employee agrees to immediately notify Employer of any suspected breach of confidentiality. This obligation survives termination of employment.

13. Non-Solicitation

  • Non-Solicitation:
    • Option A: During the term of employment and for a period of [Number] months following termination, Employee agrees not to solicit, directly or indirectly, any employees or customers of Employer.
    • Option B: This contract does not contain a non-solicitation agreement.
    • This clause is specifically tailored to West Virginia law and is limited to legitimate business interests and reasonable in geography and duration.

14. Compliance with Laws and Policies

  • Compliance: Employee agrees to comply with all applicable West Virginia and federal employment laws, as well as all Employer policies and procedures.
  • Non-Discrimination and Anti-Harassment: Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex, pregnancy, age, disability, national origin, or any other protected category under West Virginia law or Title VII. Employee must report any workplace complaints to [HR Contact Name/Title].

15. Occupational Health and Safety

  • Occupational Health and Safety: Employee agrees to adhere to all Employer’s occupational health and safety policies, including workstation ergonomics, fire safety, evacuation protocols, and procedures for reporting work-related injuries. Employee must comply with West Virginia Workers’ Compensation requirements and is required to attend safety and harassment training.

16. Use of Employer Property

  • Use of Employer Property: Employee agrees to use Employer’s computers, phones, email, and internet only for authorized business purposes. Employee is prohibited from accessing unauthorized websites, sending inappropriate communications, and introducing malware or engaging in phishing activities. Violations of this policy may result in disciplinary action, up to and including termination.

17. Handling Cash/Financial Transactions

  • Handling Cash/Financial Transactions:
    • Option A: If the position requires handling cash or financial transactions, Employee is responsible for accurate reporting, safeguarding cash, complying with audits, and reporting any discrepancies to [Accounting Contact Name/Title].
    • Option B: Employee will not be responsible for handling cash or financial transactions.

18. Background Checks and Authorization to Work

  • Background Checks and Authorization to Work: Employment is contingent upon successful completion of a background check, drug screening (if applicable), and verification of authorization to work in the United States (I-9 compliance).
  • Record Retention and Destruction: Employee shall follow company practices for record retention and destruction of confidential materials in accordance with West Virginia and federal law.

19. Conflict of Interest

  • Conflict of Interest: Employee must avoid any conflict of interest, including accepting gifts or personal benefits from vendors, engaging in self-dealing, or having outside employment that interferes with Employee’s duties to Employer. Employee shall disclose any potential conflicts of interest to [HR Contact Name/Title].

20. Dispute Resolution

  • Dispute Resolution: Any disputes arising out of or relating to this Agreement will be resolved through informal resolution and HR review, followed by mediation or binding arbitration in West Virginia, applying West Virginia law.

21. West Virginia Law Acknowledgment

  • West Virginia Law Acknowledgment: Employee acknowledges that West Virginia law does not mandate paid sick leave (unless Employer policy offers it), adheres to the WV minimum wage (if not preempted by federal law), and recognizes the at-will employment doctrine with limited exceptions. Employee acknowledges that employment handbooks are not implied contracts without explicit language of assurance.

22. Entire Agreement

  • 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.

23. Amendment

  • Amendment: This Agreement may be amended only by a written instrument signed by both parties.

24. Severability

  • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

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

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Signature: ____________________________

Date: ____________________________

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