West Virginia restaurant server employment contract template

West Virginia Restaurant Server Employment Contract

This Full-Time Restaurant Server Employment Contract (the "Agreement") is made and entered into this [Date] by and between:

• [Restaurant Name], a business entity organized under the laws of West Virginia, with its principal place of business at [Restaurant Address], [Restaurant Phone Number], represented by [Responsible Manager], hereinafter referred to as "Employer,"
• and
• [Employee Legal Name], residing at [Employee Address], [Employee Phone Number], with emergency contact [Emergency Contact Name] at [Emergency Contact Phone], hereinafter referred to as "Employee."

1. Position:

• Full-Time Restaurant Server
• Duties:
  • Greeting and seating guests.
  • Presenting menus and providing detailed menu descriptions.
  • Taking food and beverage orders.
  • Upselling specials and promotions.
  • Delivering food accurately and in a timely manner.
  • Checking identification for alcohol service compliance with West Virginia law.
  • Clearing tables and maintaining table cleanliness.
  • Processing payments (cash, credit cards, POS).
  • Maintaining cleanliness of workstation.
  • Collaborating with kitchen and bar staff.
  • Adhering to food safety and sanitation requirements under West Virginia regulations.
  • Following proper tip handling and reporting procedures in compliance with IRS and state law.
  • Managing customer complaints according to restaurant policy.

2. Chain of Command & Expectations:

• Direct Supervisor: [Manager Name] or Head Server [Head Server Name]
• Expectations:
  • Teamwork.
  • Appearance (adhering to uniform and grooming standards).
  • Behavior (professional and respectful conduct).

3. Work Location:

• Primary Location: [Restaurant Address]
• Options:
  • On-premises requirements only.
  • Work at concurrent locations or company-sponsored events as needed.

4. Employment Type & Work Hours:

• Full-Time.
• Weekly Hours: [Number]-[Number] hours per week.
• Expected Shifts:
  • Nights, weekends, and holidays required.
  • Options:
    • Shift swaps permitted with manager approval.
    • Availability for unscheduled coverage required.
• Meal and Rest Breaks: In accordance with West Virginia labor standards.
• Scheduling:
  • Options:
    • Schedule posted [Number] days in advance.
    • On-call status may be required (compensation details below if applicable).

5. Wage Structure:

• Hourly Rate: [Dollar Amount] per hour.
• West Virginia Minimum Wage & Tip Credit:
  • Cash Wage: [Dollar Amount] per hour (must meet West Virginia's minimum).
  • Tip Credit: [Dollar Amount] per hour (as allowable under WV law).
  • Total Minimum Wage: Employees’ tips and the cash wage must equal or exceed the West Virginia minimum wage.
• Payment Frequency: [Frequency, e.g., Bi-weekly].
• Payment Method: [Method, e.g., Direct Deposit].
• Tip Pooling/Sharing:
  • Options:
    • Tips are not pooled or shared.
    • Tips are pooled/shared according to restaurant policy (see employee handbook).
• Tip Reporting: Employee responsible for accurately reporting all tipped income.

6. Overtime:

• Overtime Pay: Paid at time-and-one-half for hours worked over 40 in a workweek, in accordance with West Virginia and federal FLSA law.
• Options:
  • Overtime must be pre-approved by management.

7. Additional Compensation:

• Options:
  • Bonuses for upselling: [Details].
  • Incentives for customer satisfaction: [Details].
  • Reimbursement for uniform costs: As required by West Virginia law.
  • Allowance/policy for valid work-related expenses: [Details].

8. Benefits:

• Options:
  • Health insurance eligibility: [Eligibility Details].
  • Dental insurance eligibility: [Eligibility Details].
  • Vision insurance eligibility: [Eligibility Details].
  • Meal and beverage staff discounts: [Discount Details].
  • Paid leave policy (vacation, sick leave, personal days): [Policy Details].
  • West Virginia statutory holiday work pay: [Policy Details].
  • Jury duty leave: As required by West Virginia law.
  • Bereavement leave: [Policy Details].

9. Training:

• Options:
  • Mandatory West Virginia Responsible Beverage Service certification.
  • Mandatory food handler safety training.
  • Mandatory anti-harassment training.
  • Optional customer service workshops.
• Probationary Period: [Length of Time] (if applicable).

10. Workplace Health & Safety:

• Adherence to OSHA standards.
• Mandatory reporting of accidents/injuries.
• Provision of safety equipment (non-slip shoes, gloves, etc.).

11. Confidentiality:

• Confidentiality and non-disclosure of sensitive restaurant information, recipes, proprietary processes, and confidential guest data.
• Non-compete: Limited to the extent permitted by West Virginia law, protecting legitimate business interests.

12. Employee Conduct:

• Punctuality.
• No substance use on duty.
• No harassment or discrimination.
• Respectful treatment of guests and coworkers.
• No theft or property damage.
• No outside employment that creates a direct conflict of interest.
• Adherence to social media conduct policies.
• Compliance with all local, state, and federal laws on alcohol, food service, and public health.

13. Disciplinary Procedures:

• Progressive Discipline:
  • Written and verbal warnings.
  • Suspensions.
• Grounds for Immediate Termination: Theft, intoxication on duty, gross misconduct.
• Employee Right to Dispute: Employee has the right to dispute disciplinary actions per restaurant policy.

14. Termination:

• At-Will Employment: Employment is at-will, as permitted by West Virginia law.
• Grounds for Immediate Dismissal: As outlined in Section 13.
• Resignation: [Number]-day notice period required.
• Final Paycheck: Paid by the next regular payday, in compliance with West Virginia requirements.
• Return of Property: Return of all restaurant property (uniforms, keys, POS logins, etc.).

15. Equal Opportunity & Anti-Harassment:

• Compliance with West Virginia Human Rights Act, EEOC, and local anti-discrimination ordinances.
• Explicit anti-harassment and equal opportunity employment policies.
• Procedure for reporting harassment, discrimination, or safety concerns (including anonymity and non-retaliation provisions).

16. Staff Meetings:

• Mandatory participation in staff meetings and pre/post-shift briefings as needed.

17. Transportation (if required):

• Options:
  • Valid driver’s license and insurance requirements.

18. Workers’ Compensation:

• Compliance with West Virginia’s workers’ compensation coverage requirements.
• Eligibility and procedure for reporting workplace injuries.

19. Dispute Resolution:

• Internal grievance policy.
• Options:
  • Mediation.
  • Arbitration (venue: West Virginia, applicable law: West Virginia).

20. Tax Withholding:

• Federal, FICA, and West Virginia state income tax withholding.
• Tips declared for tax purposes.

21. Employee Acknowledgment:

• Receipt of policy handbooks.
• Receipt of training materials.
• Signed agreement.
• Agreement review/updates as West Virginia laws or restaurant policies change.

By signing below, both Employer and Employee acknowledge that they have read, understood, and agree to the terms and conditions of this West Virginia Restaurant Server Employment Contract.

____________________________
[Restaurant Name]
(Employer Signature)

____________________________
[Date]

____________________________
[Employee Legal Name]
(Employee Signature)

____________________________
[Date]