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The contract will also state whether the employment period is fixed (i.e., starting and ending on specific dates) or if the employee is “at-will.” With an at-will arrangement, either party may terminate the contract at any time, so long as they provide the required amount of notice prior to termination.
Contents |
Types (2)
Independent Contractor Agreement – Outlines the service arrangement between a client and a contractor.
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Subcontractor Agreement – Establishes the conditions by which a subcontractor is hired to complete a specific portion of a larger contractual assignment.
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Laws
- Labor Statutes: Title 34 & Title 34A
- Definition of Employee: § 34A-2-104
- Minimum Wage: $7.25/hr (§ R610-1-3(A))
- Overtime: Federal min. – one and a half (1.5) times the employee’s standard wage (29 C.F.R § 778.107).
- Record Keeping: Payroll records must be maintained for three (3) years (§ 34-40-201).
At-Will Employment
Permitted? Yes, an employer can fire an at-will employee as long as the cause for termination does not violate the law. Among other reasons, an at-will employee cannot be terminated for:
- Being summoned for jury duty (§ 78B-1-116(1));
- Their race, sex, religion, disability, age, etc. (§ 34A-5-106(1)(a)(i));
- Filing a claim for workers’ compensation (Ryan v. Dan’s Food Stores, Inc., 972 P.2d 395).