Florida sales representative employment contract template

Florida Sales Representative Employment Contract

This Full-Time Sales Representative Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Employer Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).

1. Position and Job Description:

• The Employer hires Employee as a Full-Time Sales Representative.
• Option A: The Employee's primary responsibilities include, but are not limited to:
  • Actively prospecting new leads within the assigned [Florida County/Region] territory.
  • Establishing and maintaining client relationships.
  • Conducting sales presentations and product demonstrations.
  • Closing sales deals and meeting or exceeding sales quotas.
  • Providing detailed product information specific to the Florida market.
  • Attending networking and industry events within Florida.
  • Maintaining accurate sales records using [CRM Software].
  • Submitting daily/weekly sales reports to [Designated Supervisor].
• Option B: A more detailed job description is attached as Exhibit A and incorporated herein.
• Option C: The Employee will be responsible for selling the following products/services: [List of Products/Services].

2. Territory:

• The Employee’s assigned sales territory is:
  • Option A: The following counties in Florida: [List of Florida Counties].
  • Option B: The cities of [List of Florida Cities].
  • Option C: The region of [Specific Region in Florida, e.g., South Florida].
• Option A: Travel within the territory is required. The Employee is expected to spend [Percentage]% of their time traveling.
• Option B: Employee will primarily work from home and is expected to visit clients in person [Number] times per week/month.

3. Working Hours:

• The standard working hours are [Number] hours per week, from [Start Time] to [End Time], Monday through Friday.
• Option A: Weekend or evening work may be required as needed.
• Option B: Employee is expected to be available for urgent client requests outside of standard working hours.
• Option C: Overtime work is permitted only with prior written approval from [Designated Supervisor].

4. Employment Status and Compliance:

• The Employee is a full-time employee (W-2).
• Employer will comply with all applicable Florida and federal wage and hour laws, including minimum wage and overtime requirements.
• Option A: The Employee is entitled to a [Number] minute unpaid meal break after [Number] consecutive hours of work.
• Option B: The Employer will provide the Employee with [Number] paid [Time Period] rest breaks.

5. Compensation:

• The Employee will receive the following compensation:
• Option A: Base Salary: An annual base salary of [Dollar Amount], payable [Frequency, e.g., bi-weekly].
• Option B: Draw: A draw against commissions of [Dollar Amount], payable [Frequency].
• Commission:
  • Option A: A commission of [Percentage]% of gross sales for [Products/Services].
  • Option B: A tiered commission structure as outlined in Exhibit B.
  • Commissions will be calculated and paid [Frequency, e.g., monthly] on sales for which payment has been received by the Employer.
  • Clawback/Chargeback: In the event of a return or cancellation of a sale, the commission will be [Description of Clawback Policy].
• Bonus:
  • Option A: The Employee is eligible for a bonus of [Dollar Amount] upon achieving a sales target of [Dollar Amount].
  • Option B: Bonus incentives are outlined in Exhibit C.

6. Benefits:

• The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
  • Group health insurance.
  • Dental and vision insurance.
  • Retirement plan: [401(k), Pension, etc.].
  • Paid Time Off (PTO): [Number] days per year.
  • Vacation: [Number] days per year.
  • Florida-recognized holidays.
  • Sick leave: [Number] days per year.
  • Option A: Reimbursement for local travel at the rate of [Dollar Amount] per mile.
  • Option B: Cell phone allowance of [Dollar Amount] per month.
  • Option C: Employer will provide a laptop and other necessary equipment.
  • Option D: Eligibility for professional sales training related to Florida regulations.

7. Compliance with Laws:

• The Employee shall comply with all applicable federal, Florida state, and local laws, rules, and regulations, including but not limited to sales laws, telemarketing regulations, and Do Not Call laws.
• Option A: Employee is required to obtain and maintain the following licenses: [List of Licenses].

8. Confidentiality:

• The Employee acknowledges that they will have access to confidential information, including but not limited to client lists, pricing, and strategies, which are protected under Florida’s Uniform Trade Secrets Act.
• The Employee agrees not to disclose any confidential information to any third party during or after employment.
• The Employee will handle personal consumer information in accordance with Florida privacy laws and report any security breaches.

9. Intellectual Property:

• All sales materials, presentations, and customer lists developed by the Employee during the course of employment are the sole property of the Employer.

10. Conflict of Interest and Code of Conduct:

• The Employee agrees to avoid any conflicts of interest and adhere to the Employer's code of conduct.
• Employee is prohibited from receiving gifts or improper payments.
• Employee must disclose any relationships that could be perceived as a conflict of interest.

11. Post-Employment Restrictions:

• Option A: Non-Solicitation: The Employee agrees not to solicit the Employer’s clients or employees for a period of [Number] months following termination of employment.
• Option B: Non-Compete: To the extent permitted by Florida Statute 542.335, the Employee agrees not to compete with the Employer within [Geographic Area] for a period of [Number] months following termination of employment. This restriction is limited to activities that directly compete with [Specific Business Activities].
• These restrictions shall not prevent the employee from engaging in activities that are not in direct competition with the Employer’s business and are not otherwise prohibited by law.

12. Anti-Discrimination:

• The Employer is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, pregnancy, age, disability, national origin, marital status, or any other protected characteristic under applicable federal and Florida law.
• Employee should report any incidents of harassment or discrimination to [Designated Person/Department].

13. Behavioral and Performance Expectations:

• The Employee is expected to maintain a professional appearance and conduct.
• Attendance at mandatory sales meetings and training sessions is required.
• The Employee must submit accurate expense reports in a timely manner.
• The Employee must comply with sales call scripts and legal disclosures as required by Florida law.

14. Termination of Employment:

• Option A: At-Will Employment: The employment relationship is at-will, meaning that either party may terminate the employment at any time, with or without cause or notice.
• Option B: Voluntary Resignation: The Employee must provide [Number] weeks’ written notice of resignation.
• Involuntary Termination: The Employer may terminate the Employee’s employment for cause or without cause.
• Final Pay: Upon termination, the Employer will pay the Employee all wages and commissions owed in accordance with Florida law.
• Return of Property: The Employee must return all company property upon termination, including client lists, promotional materials, samples, and equipment.

15. Dispute Resolution:

• The parties agree to attempt to resolve any disputes through negotiation.
• If negotiation fails, the parties agree to participate in mediation or arbitration in [City, Florida], governed by Florida law.
• This section does not prevent either party from pursuing remedies under Florida whistleblower statutes or wage claim dispute processes under Florida law.

16. Occupational Health and Safety:

• The Employee must comply with all company driving policies and provide proof of a valid driver’s license and insurance if driving is required.
• Drug/alcohol testing may be required consistent with Florida statutes.

17. Indemnification:

• The Employer will indemnify the Employee for actions taken in the good faith performance of their duties, unless such actions constitute gross negligence or intentional wrongdoing.

18. Florida State-Specific Forms and Notices:

• The Employee acknowledges receipt of the following forms and notices:
  • Workers’ Compensation Notice.
  • Unemployment Benefit Acknowledgment.
  • [List any other Florida-specific forms].

19. Acknowledgment:

• The Employee acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Employer Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Employee Legal Name]

Signature:

Date: