Wisconsin employment contract template
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How Wisconsin employment contract Differ from Other States
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Wisconsin is an at-will employment state, but contracts can override this, unlike some other states with stricter exceptions.
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Wisconsin law places specific requirements on non-compete agreements, including reasonableness in duration, geography, and scope.
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Certain wage and hour rules, like final paycheck deadlines, may differ from neighboring states and must align with Wisconsin statutes.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required in Wisconsin?
A: No, written contracts are not required, but having one is highly recommended to clarify employment terms and avoid disputes.
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Q: Are non-compete clauses enforceable in Wisconsin?
A: Yes, but only if they are reasonable in duration, geographic area, and scope, and protect a legitimate business interest.
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Q: Does Wisconsin recognize at-will employment?
A: Yes, unless overridden by a contract, Wisconsin generally recognizes the at-will employment doctrine for most workers.
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Wisconsin Employment Contract
This Employment Contract (the “Agreement”) is made and entered into as of this [Date], by and between [Employer Full Legal Name], a [Employer Entity Type, e.g., Wisconsin Corporation], with a principal place of business at [Employer Address], FEIN: [Employer FEIN, Optional] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).
1. Employment
Job Title and Description:
- Option A: The Employer hereby employs Employee as [Job Title]. The Employee's duties and responsibilities are described in Exhibit A attached hereto.
- Option B: The Employer hereby employs Employee as [Job Title]. The Employee will perform such duties as are assigned to them by the Employer.
Reporting Structure:
- Option A: The Employee will report directly to [Supervisor Name and Title].
- Option B: The Employee will report to the individual designated by the Employer.
Work Location:
- Option A: The Employee's primary work location will be [Work Location Address].
- Option B: The Employee's primary work location will be [Work Location Address]. This position is eligible for hybrid/remote work as determined by Employer policy.
Employment Type:
- Option A: At-Will Employment: The Employee's employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable Wisconsin law.
- Option B: Fixed-Term Employment: The Employee's employment shall be for a fixed term commencing on [Start Date] and ending on [End Date].
- Option C: Full-Time Employment.
- Option D: Part-Time Employment.
- Option E: Temporary Employment.
- Option F: Seasonal Employment.
- Option G: Internship.
FLSA Status:
- Option A: Exempt: The Employee is exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA).
- Option B: Non-Exempt: The Employee is non-exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA).
2. Term and Termination
Term of Employment:
- Option A: At-Will Termination: As described above, the employment is at-will. Wisconsin law recognizes certain exceptions to at-will employment, including public policy exceptions and potentially implied contract claims.
- Option B: Fixed-Term Evaluation/Renewal: Following [Number] months of employment, the Employee's performance will be evaluated, and the Employer will determine whether to renew the term. Renewal is not guaranteed.
- Option C: Requirement for Written Notice: If either party seeks to terminate the at-will employment relationship, [Number] days written notice is required.
Termination by Employer:
- Option A: For Cause: The Employer may terminate the Employee's employment for cause, which includes, but is not limited to, [List of Examples of Cause, e.g., gross misconduct, insubordination, violation of company policy].
- Option B: Without Cause: The Employer may terminate the Employee's employment without cause, subject to any applicable notice or severance provisions outlined in this Agreement.
Voluntary Resignation:
- Option A: The Employee may resign from their employment by providing the Employer with [Number] days written notice.
3. Compensation and Benefits
Salary:
- Option A: The Employee's annual salary shall be [Dollar Amount], payable [Pay Frequency, e.g., bi-weekly].
- Option B: The Employee's hourly wage shall be [Dollar Amount], payable [Pay Frequency, e.g., bi-weekly].
Pay Method:
- Option A: Check.
- Option B: Direct Deposit.
Overtime:
Non-Exempt Employees: The Employee will be eligible for overtime pay at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked in excess of forty (40) in a workweek, as required by Wisconsin law.
Commissions/Bonuses/Incentive Pay:
- Option A: The Employee may be eligible for commissions according to the Employer's commission plan, as amended from time to time. The current commission plan is attached as Exhibit B.
- Option B: The Employee may be eligible for a bonus based on the Employer's bonus plan, as amended from time to time. The current bonus plan is attached as Exhibit B.
- Option C: The Employee may be eligible for incentive pay as set forth in Exhibit B.
Benefits:
- Option A: Health Insurance: The Employee will be eligible to participate in the Employer's health insurance plan after [Number] days of employment.
- Option B: Dental Insurance: The Employee will be eligible to participate in the Employer's dental insurance plan after [Number] days of employment.
- Option C: Vision Insurance: The Employee will be eligible to participate in the Employer's vision insurance plan after [Number] days of employment.
- Option D: Life Insurance.
- Option E: Disability Insurance.
- Option F: Retirement Plan: The Employee will be eligible to participate in the Employer's [Retirement Plan Type, e.g., 401(k)] plan after [Number] days of employment.
- Option G: Flexible Spending Account (FSA).
- Option H: Paid Time Off (PTO): The Employee will accrue PTO at a rate of [Number] days per year.
- Option I: Vacation Days: The Employee will be entitled to [Number] vacation days per year.
- Option J: Sick Leave: The Employee will accrue sick leave in accordance with applicable federal and Wisconsin laws.
- Option K: Holiday Policy: The Employee will be entitled to [Number] paid holidays per year.
- Option L: Bereavement Leave.
- Option M: Parental/Family Leave: The Employee will be eligible for parental/family leave in accordance with the Family and Medical Leave Act (FMLA) and Wisconsin Family and Medical Leave Act (WFMLA).
- Option N: Unpaid Leave.
4. Working Hours and Schedules
Standard Hours: The Employee's standard work hours will be [Start Time] to [End Time], [Days of the Week].
Flexible Work Options: [Describe any flexible work options, e.g., flextime, compressed workweek].
Meal/Recess Breaks: The Employee will be entitled to [Number] meal break(s) of [Number] minutes and [Number] recess break(s) of [Number] minutes during each workday, in accordance with Wisconsin law.
5. Business Conduct
Employee Handbook: The Employee agrees to comply with all policies and procedures outlined in the Employer's Employee Handbook, as amended from time to time.
Dress Code: The Employee is expected to adhere to the Employer's dress code policy, as described in the Employee Handbook or otherwise communicated to the Employee.
Drug and Alcohol Policy: The Employee agrees to comply with the Employer's drug and alcohol policy, as described in the Employee Handbook or otherwise communicated to the Employee.
Background Checks: The Employee's continued employment may be contingent upon the successful completion of a background check.
6. Restrictive Covenants
Confidentiality and Proprietary Rights:
- Option A: The Employee agrees to maintain the confidentiality of the Employer's confidential information and trade secrets, both during and after employment.
Intellectual Property (IP) Assignment:
- Option A: The Employee agrees to assign to the Employer all right, title, and interest in any inventions, discoveries, or other intellectual property created by the Employee during the course of their employment.
Workplace Privacy: The Employee acknowledges that the Employer may monitor its electronic communications and activities conducted on company-owned devices or networks.
Non-Compete:
- Option A: The Employee agrees not to engage in any business activities that compete with the Employer's business within [Geographic Area] for a period of [Number] months following the termination of their employment. This clause is subject to Wisconsin law regarding the enforceability of non-compete agreements, requiring reasonableness in time, geography, and scope.
Non-Solicitation:
- Option A: The Employee agrees not to solicit the Employer's customers or employees for a period of [Number] months following the termination of their employment.
Non-Disparagement:
- Option A: The Employee agrees not to disparage the Employer, its products, or its employees, both during and after employment.
7. Termination
Severance Pay:
- Option A: Upon termination without cause, the Employee will be entitled to severance pay equal to [Number] weeks of their base salary.
- Option B: No severance pay will be provided.
Payout of Unused PTO: The Employer will pay out any accrued but unused PTO to the Employee in accordance with Wisconsin law.
COBRA/State Continuation Coverage: The Employee will be provided with information regarding their rights to continue health insurance coverage under COBRA or Wisconsin state continuation coverage laws.
Final Wage Payment: The Employer will pay the Employee their final wages in accordance with Wisconsin law.
8. Post-Employment Obligations
Return of Property: The Employee agrees to return all Employer property, including computers, phones, documents, and other materials, upon termination of employment.
Deletion of Client Data: The Employee agrees to delete any client data or other confidential information from their personal devices upon termination of employment.
Continued Confidentiality: The Employee's obligation to maintain the confidentiality of the Employer's confidential information shall continue after the termination of their employment.
9. Dispute Resolution
- Option A: Mediation: Any disputes arising out of or relating to this Agreement shall be resolved through mediation in [City, Wisconsin].
- Option B: Arbitration: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in [City, Wisconsin]. The Employee waives their right to a jury trial.
- Option C: Court Litigation: Any disputes arising out of or relating to this Agreement shall be resolved in the courts of [County] County, Wisconsin.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin.
10. Acknowledgment and Signature
The parties acknowledge that they have read and understand this Agreement and agree to be bound by its terms and conditions.
____________________________
[Employer Representative Name and Title], Employer
____________________________
[Employee Name], Employee
Date: [Date]
11. Equal Employment Opportunity (EEO) and Anti-Discrimination
The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, genetic information, creed, marital status, arrest or conviction record, military status, ancestry, or any other characteristic protected by federal, state, or local law, including the Wisconsin Fair Employment Act. The Employer is committed to providing a workplace free of harassment and discrimination.
12. Workplace Safety
The Employer is committed to providing a safe and healthy work environment in compliance with federal OSHA and Wisconsin Occupational Safety and Health laws.
- Option A: Workers' Compensation Notice: The Employee is covered by the Employer's workers' compensation insurance policy. In the event of a work-related injury or illness, the Employee should immediately report the incident to their supervisor.
- Option B: Workers' Compensation Claim Procedure: The Employee agrees to follow the Employer's established procedures for filing a workers' compensation claim.
13. Electronic Device and Data Security Policy
The Employee agrees to comply with the Employer's policy regarding the business use of electronic devices and data security, as outlined in Exhibit C.
14. Other Wisconsin-Specific Clauses
Prevailing Wage Compliance: [Include if applicable, e.g., This position is subject to prevailing wage requirements under Wisconsin law.]
Required State Employment Notices: The Employee acknowledges receipt of all required Wisconsin state employment notices.
15. Additional Terms
- Option A: Probationary Period: The Employee's employment is subject to a probationary period of [Number] months.
- Option B: Mandatory Training: The Employee is required to complete mandatory training on [List of Topics].
- Option C: Expense Reimbursement: The Employee will be reimbursed for reasonable business expenses in accordance with the Employer's expense reimbursement policy.
- Option D: Union/Labor Relations: [Include if applicable, e.g., This position is covered by a collective bargaining agreement.]