Demystifying Employment Agreement in South Dakota: What You Must Know!
As an employer, you can find yourself at a fix when an employee shares your trade secrets. This is especially true if you don't have a legally binding agreement prohibiting the employee from sharing confidential business information.
You can avoid such an ugly situation using an employment agreement in South Dakota. The contract will set the groundwork for the employment relationship by further stipulating your role and expectations as an employer and those of the employees.
What is a South Dakota Employment Contract, and what does it contain?
An employment agreement is a legally binding document signed between an employer and the employee. It contains the terms and conditions of employment that both parties have agreed upon. It also aims at building a perfect employment relationship and protecting the interests of the employer and the employee.
Ordinary South Dakota employment contracts can have the following details;
- Details of the employer and employee
- Employee's position and responsibilities
- Contract type (permanent, short-term, casual, etc.)
- Salary/wages and benefits
- Employment term start date
- Duration of the Employment term
- Company Policies
- Non-compete and non-obligation clauses
- Termination clause
Why Do Employers and Employees Need Employment Contracts in South Dakota?
For employers, the agreement can help protect the company's valuable and confidential information, like trade secrets, from abuse. In addition, employees will clearly understand their roles and work hard to complete them, which can increase productivity.
Most importantly, when both parties clearly understand their duties and obligations, there will be minimal chances of disagreements or misunderstandings that can put the company's future in jeopardy.
For employees, these contracts offer job security. The agreement will always outline the reasons for termination, meaning employees cannot be fired for any reason except those outlined in the agreement. If that happens, they can seek legal action against the employer for breach of contract.
Are Employment Agreements Enforceable in South Dakota?
Employment contracts are enforceable. However, contracts that violate public policy or any law are not enforced.
South Dakota has more stringent laws and regulations governing the execution of non-compete agreements. Butnon-compete contracts that meet the set requirements are enforceable. These contracts must be reasonable and should not violate employees' rights.
What Are the Legal Requirements for Employment Agreements?
South Dakota is quite lenient regarding the legal requirements for employment contracts. First off, they don't have to be in writing. So, written and oral agreements can be enforced. However, contract terms must adhere to South Dakota contract laws and should not violate public policy.
In addition, South Dakota requires that all contracts extending for more than one year be in writing. The state also requires that both parties sign the written contracts.
South Dakota is an at-will employment state, meaning an employer can fire a worker with and without reason. However, with a valid employment contract containing a termination clause, an employee can only be fired for reasons described in the termination clause.
Common Types of Employment Contracts
There are many types of employment agreements, including:
- Permanent contracts are mostly used when hiring workers with regular working hours and compensation.
- Non-disclosure contract prevents employees from releasing confidential information about their employer's business.
- A non-compete contract prohibits workers from working for or establishing a competing enterprise or company.
Do you need help in creating create a South Dakota employment document? Well, the process can usually be intimidating for first-timers. But instead of hiring an attorney, consider drafting your document with the help ofForms.legal. With our free South Dakota employment agreement templates, you can create your contract in minutes and, of course, free.