Leased Employee Agreement For Work In North Carolina

State:
Multi-State
Control #:
US-00038DR
Format:
Word; 
Rich Text
Instant download

Description

An employee lease agreement is an agreement between a company and another party whereby the company agrees to contract out the services of some or all of its employees to the other party on specific terms and conditions.

The employees are actually employed by a third-party leasing company, but do their work for the company that contracts with the leasing company. In addition to relieving companies of the administrative responsibilities of managing a workforce, leasing employees can also save a company money by reducing the cost of benefits and insurance, to name just two areas.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In order to have a valid contract in North Carolina, there must be an offer, an acceptance, along with consideration. The parties must also have the capacity to enter into the contract.

For example, leased employees are official employees for the PEO that manages them, while independent contractors operate independently of any employer, and they typically provide a service to a client who pays them directly for those services.

An “employment agreement” is a legally binding document (contract) signed by an employer and an employee. An employment contract may be for permanent employment or for temporary employment/employment for a fixed term; independent contractors also enter into contracts.

Employee leasing is an arrangement between a business and a staffing firm, who supplies workers on a project-specific or temporary basis. These employees work for the client business, but the leasing agency pays their salaries and handles all of the HR administration associated with their employment.

California law has stipulated the requirements for classifying an employee as a temporary agency employee. These requirements include the right of the agency to assign and reassign a worker, but the workers have the right to refuse an assignment and remain on the agency's hiring list.

North Carolina is an at-will-employment state, which means that an employer may end the employment relationship at any time and for any reason as long as it is not an otherwise unlawful reason. Kurtzman v. Applied Analytical Industries, Inc., 347 N.C. 329, 331, 493 S.E.2d 420, 423 (1997).

The North Carolina Wage and Hour Act does not require mandatory rest breaks or meal breaks for employees 16 years of age or older. The WHA requires breaks only for youths under 16 years of age.

§ 75B-6. Contracts void. Any provision of any contract or other document or other agreement which violates G.S. 75B-2 or which, if complied with by the person intended to be bound by the provision, would cause a violation of G.S. 75B-2 shall be null and void as being against the public policy of the State.

North Carolina does not require employees to give notice before resignation. However, providing a two-week notice period is considered a professional courtesy and can help ensure a smoother transition.

In order to have a valid contract in North Carolina, there must be an offer, an acceptance, along with consideration.

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Leased Employee Agreement For Work In North Carolina