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If the contract includes a termination date, the employee will automatically be discharged from their position once the agreement expires. In the absence of a termination date, the employment is considered “at-will” and will remain in effect indefinitely until either the employer or employee decides to end the working relationship.
Contents |
Types (2)
Independent Contractor Agreement – Relays the work a contractor will perform in exchange for payment from their client.
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Subcontractor Agreement – Establishes a service arrangement whereby all or a portion of a contract assignment is transferred from a general contractor to a subcontractor.
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Laws
- Labor Statutes: Chapter 103
- Definition of Employee: § 103.001(5)
- Minimum Wage: $7.25/hr (§ 104.035(1)(a))
- Overtime: One and a half (1.5) times the employee’s standard wage (DWD 274.03).
- Record Keeping: Employers must maintain payroll and other records for three (3) years (DWD 272.11).
At-Will Employment
Permitted? Yes. Unless indicated otherwise in an employment contract, employees are presumed to be “at-will” and can therefore quit or be fired at any time without cause. However, employers cannot terminate at-will employees for illegal reasons, such as:
- Whistleblowing (§ 230.83);
- Jury duty (§ 756.255);
- Enforcing an employee right (§ 111.322(2m)(a));
- Taking time off to vote (§ 6.76);
- Serving in the military (§ 111.321);
- Discrimination against age, gender, race, etc. (§ 111.321).