Wisconsin graphic designer employment contract template
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How Wisconsin graphic designer employment contract Differ from Other States
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Wisconsin has unique non-compete agreement standards, requiring restrictions to be reasonable in time, geography, and scope.
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The state mandates compliance with specific wage payment timelines and overtime regulations distinct from some other jurisdictions.
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Wisconsin offers robust employee protections concerning termination, including adherence to at-will employment limitations and anti-discrimination laws.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for graphic designers in Wisconsin?
A: A written contract is not legally required but strongly recommended to ensure clear terms and protect both parties’ interests.
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Q: Can non-compete clauses be enforced in Wisconsin graphic designer contracts?
A: Yes, but they must be reasonable in duration, geographic area, and restrictions on the designer’s future employment.
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Q: Are there state-specific provisions that must be included in a Wisconsin graphic designer contract?
A: Yes, compliance with Wisconsin wage, overtime, and anti-discrimination laws should be reflected in the contract terms.
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Wisconsin Graphic Designer Employment Contract
This Wisconsin Graphic Designer Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Full Legal Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Employer Business Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Full Address] (“Employee”).
1. Employment
- The Employer hires the Employee, and the Employee agrees to be employed by the Employer, as a full-time Graphic Designer.
2. Position and Responsibilities
- The Employee shall serve as Graphic Designer.
- Responsibilities include, but are not limited to:
- Creation of print and digital visual content.
- Branding asset design.
- Layout design.
- Illustration.
- Digital imaging.
- Typography.
- Photo editing.
- UI/UX asset design (if applicable).
- Production file preparation.
- Color management.
- Printing specifications.
- Adherence to client brand guidelines.
- Deliverables specific to Wisconsin-based industries such as [Specify Industry, e.g., manufacturing, agriculture, tourism].
- Chain-of-command is [Specify chain, e.g., report to Creative Director, work with marketing team].
- The Employee will utilize the following software and hardware:
- Adobe Creative Cloud suite.
- Sketch.
- Figma.
- Wacom tablets.
- The Employee will adhere to asset management protocols.
- The Employee will perform creative presentations and design revisions as required.
3. Work Location
- The Employee's primary work location is:
- Option A: [Employer Business Address].
- Option B: Remote or hybrid work according to company policy. Requires compliance with company data security and ergonomic standards. [Specify any Wisconsin-specific requirements for home offices or remote worker tax withholding].
4. Employment Type and Hours
- The employment is full-time.
- The Employee's minimum weekly work hours are [Number].
- Typical schedule is [Specify schedule, e.g., Monday-Friday, 9:00 AM to 5:00 PM].
- Overtime eligibility:
- Option A: Non-exempt, eligible for overtime pay according to Wisconsin law.
- Option B: Exempt, not eligible for overtime pay [Confirm eligibility under FLSA and Wisconsin law based on job duties and salary].
- Rest and meal breaks will be provided as required under Wisconsin law.
- The Employer complies with the Wisconsin Fair Employment Act and all DWD regulations.
5. Compensation
- The Employee's annual salary is [Dollar Amount] or hourly rate is [Dollar Amount].
- Overtime will be calculated and paid at a rate of [Rate] in accordance with Wisconsin statutes.
- The Employee will be paid [Frequency, e.g., bi-weekly] via [Method, e.g., direct deposit].
- Required wage notices will be provided to the Employee.
- Bonuses/Commissions/Incentives:
- Option A: The Employee is eligible for a bonus of [Dollar Amount or Percentage] based on [Specify criteria].
- Option B: The Employee is eligible for commissions on completed projects, as detailed in [Specify document or policy].
- Option C: No bonuses, commissions, or incentives are offered.
6. Benefits
- The Employee is eligible for the following benefits:
- Employer-sponsored health insurance. Eligibility and waiting periods are as required under Wisconsin insurance law.
- Employer-sponsored dental insurance.
- Employer-sponsored vision insurance.
- Paid vacation: [Number] days per year.
- Sick leave/PTO: [Number] days per year.
- State and federal holidays observed by the company: [List Holidays].
- Parental/family leave pursuant to Wisconsin’s Family and Medical Leave Act.
- Contributions to retirement plan (e.g., 401(k)): [Specify details].
- Professional development and training budget: [Dollar Amount] for design certification, continuing education, trade association or conference fees.
- Design tool/software license reimbursement: [Specify Policy].
- Wellness or mental health support: [Specify details, if any].
7. Intellectual Property
- All designs, creative works, drafts, mockups, source files, and related intellectual property created within the scope of employment are "works made for hire" and owned exclusively by the Employer under Wisconsin and federal law.
- Procedures for assignment of rights if work falls outside "work for hire" definition: [Specify procedure].
- The Employee will properly handle third-party assets, client trademarks or images.
- Written approval is required when using open-source or stock elements in deliverables: [Specify Approval Process].
8. Confidentiality
- The Employee agrees to maintain the confidentiality of all proprietary projects, client information, design concepts, marketing strategies, internal communications, trade secrets, style guides, and technology.
- This obligation continues both during and after employment ends.
- Protection of sensitive materials is governed by Wisconsin’s Uniform Trade Secrets Act.
9. Code of Conduct and Ethics
- The Employee will adhere to the company code of conduct, professional and ethical guidelines.
- The Employee will follow rules for creative feedback, prohibiting plagiarism or copyright infringement.
- The Employer maintains anti-harassment, anti-discrimination, and equal opportunity employment policies consistent with the Wisconsin Fair Employment Act.
10. Use of Employer Property
- The Employee's use of employer equipment, software, and access to files is governed by company policy.
- Upon termination, the Employee will return all property and delete all data in line with Wisconsin’s data security regulations.
11. Conflict of Interest
- The Employee will avoid conflicts of interest.
- Rules regarding freelance/pro bono or outside creative work during employment:
- Option A: Prohibited without written consent from the Employer.
- Option B: Permitted with prior written disclosure and approval from the Employer.
- Procedure for employee-requested portfolio use of completed work: Written authorization required for public display of client or employer materials.
12. Non-Compete/Non-Solicitation
- Non-compete:
- Option A: No non-compete agreement is required.
- Option B: A non-compete agreement is required and is attached as Exhibit A. It is reasonable in geographic scope, duration, and protection of legitimate business interests, compliant with Wisconsin law.
- Restrictive covenants include permissible non-solicitation and non-disclosure terms with limitations meeting state enforceability standards.
13. At-Will Employment and Termination
- The employment is at-will.
- Notice of resignation: [Number] days required.
- Employer-initiated termination will follow Wisconsin-compliant procedures.
- Final wage payment will be made within the deadlines required by Wisconsin law.
- Severance policy: [Specify policy, if any].
- COBRA/state continuation of health coverage will be offered as required.
- Prompt return of property is expected upon termination.
- Steps for involuntary separation, layoff, or reduction in force as required for Wisconsin employers: [Specify Steps].
14. Dispute Resolution
- Internal escalation is the first step in dispute resolution.
- Mediation is encouraged.
- Arbitration:
- Option A: Binding arbitration is required.
- Option B: Arbitration is optional.
- Legal jurisdiction and venue are stipulated as Wisconsin.
- This Agreement complies with applicable federal and state labor statutes, including Title VII, FLSA, Wisconsin Wage Payment Laws, and OSHA standards.
15. Compliance with Local Industry Standards
- The Employee will comply with ADA accessibility in digital design.
- The Employee will ensure proper representation of claims/content in advertising per Wisconsin DFI guidance.
- The Employee will use Wisconsin-specific client contracts as part of designer deliverables.
16. Background Checks/Safety (If Applicable)
- If work involves minors, schools, or public entities, background checks and safety policies will be followed as mandated by local law. [Specify Policies].
17. Intellectual Property Indemnification and Ethics
- The Employee will adhere to company policies for intellectual property indemnification, ethics in advertising, and brand integrity.
- The Employee will avoid deceptive practices consistent with Wisconsin consumer protection law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Full Legal Name]
By: ____________________________
[Employer Representative Name]
[Employer Representative Title]
____________________________
[Employee Full Legal Name]