Georgia sales representative employment contract template

Georgia Sales Representative Employment Contract

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

Position

• The Employer hereby employs the Employee as a Sales Representative.
• The Employee accepts such employment and agrees to the terms and conditions set forth in this Agreement.
  • Option A: Territory: [Assigned Territory within Georgia]
  • Option B: Key Accounts: [List of Key Accounts]

Responsibilities

• The Employee’s primary responsibilities shall include, but not be limited to:
  • Structured prospecting and lead generation within Georgia.
  • Setting and meeting monthly, quarterly, and annual sales quotas.
  • Pipeline and funnel management.
  • Maintaining accurate records in CRM software [CRM Software Name].
  • Relationship management with customers and accounts.
  • Handling inbound and outbound sales communication.
  • Preparing and presenting sales proposals and quotations.
  • Contract negotiation.
  • Market research and competitor analysis tailored to the assigned territory within Georgia.
  • Compliance with company sales policies.
  • Regular reporting to [Supervisor Title/Name].
  • Attendance at company sales meetings, client site visits, networking events, and trade shows in Georgia as required.

Work Location and Travel

• The primary work location will be:
  • Option A: Home office.
  • Option B: Company office located at [Company Office Address].
  • Option C: Assigned territory within Georgia.
• Travel Requirements:
  • The Employee is expected to travel within Georgia and potentially bordering states as required.
  • Mileage/Expense Reimbursement: Employer will reimburse for reasonable and necessary business expenses in accordance with IRS guidelines and company policy. Receipts and expense reports are required. The reimbursement rate is [Dollar Amount] per mile.

Employment Status and Work Hours

• Employment is full-time.
• Standard workweek: 40 hours per week, Monday through Friday.
• Core sales activity hours: [Start Time] to [End Time].
• Overtime:
  • Option A: Non-Exempt (Employee is eligible for overtime pay in accordance with the Fair Labor Standards Act).
  • Option B: Exempt (Employee is not eligible for overtime pay based on the following exemption: [Specify Exemption, e.g., Outside Sales]).
• Breaks and Meal Periods: Employer will provide breaks and meal periods in compliance with Georgia law.
• Expectations for after-hours or weekend events: [Describe any after-hours or weekend event expectations].

Compensation

• Base Salary/Hourly Wage:
  • Option A: Annual base salary of [Dollar Amount], payable in [Frequency, e.g., bi-weekly] installments.
  • Option B: Hourly wage of [Dollar Amount].
• Commission:
  • Commission Calculation Method: [Detailed Description of Commission Structure - percentages, sliding scales, accelerators, thresholds, capped/uncapped]
  • Qualifying Sales: Commission is earned upon [Specify Qualifying Event - signed contracts, product delivery, paid invoices, etc.].
  • Payout Timeline: Commission will be paid [Frequency, e.g., monthly, quarterly], [Timing details, e.g., within 30 days of client payment].
  • Clawback/Chargeback Procedures: [Describe any circumstances under which commissions may be clawed back or charged back, e.g., client cancellations or non-payment].
• Bonuses/Incentives:
  • Special Bonuses/Incentives: [Describe any bonuses or incentives, e.g., exceeding targets, regional awards].
• Tax Withholdings: Employer will withhold all required federal and Georgia taxes.

Benefits

• Health Insurance:
  • Option A: Employer offers health insurance. Details are available in the employee handbook.
  • Option B: Employer does not offer health insurance.
• Dental Insurance:
  • Option A: Employer offers dental insurance. Details are available in the employee handbook.
  • Option B: Employer does not offer dental insurance.
• Vision Insurance:
  • Option A: Employer offers vision insurance. Details are available in the employee handbook.
  • Option B: Employer does not offer vision insurance.
• 401(k)/Retirement Plan:
  • Option A: Employer offers a 401(k) plan. Details are available in the employee handbook.
  • Option B: Employer does not offer a 401(k) plan.
• Paid Vacation Days: [Number] days per year.
• Sick Leave: [Number] days per year, in accordance with Georgia law.
• Georgia-Recognized Public Holidays: Employee is entitled to paid time off for Georgia-recognized public holidays.

Company-Provided Tools

• The Employer will provide the following tools:
  • Laptop
  • Mobile Phone
  • CRM Access ([CRM Software Name])
  • Business Cards
  • Sales Materials
• Acceptable Use and Return: Employee agrees to use these tools solely for company business and to return them in good working order upon termination of employment.

Company Vehicle/Personal Vehicle Use

• Option A: Company Vehicle: The Employer will provide a company vehicle. Employee agrees to adhere to the company's vehicle use policy.
• Option B: Personal Vehicle Use: If Employee uses a personal vehicle for company business, Employee must maintain Georgia auto insurance minimums. The Employer will reimburse for mileage as specified in Section 3.

Intellectual Property and Customer Ownership

• All leads generated, client lists, and work products created by the Employee during employment are the sole property of the Employer.

Non-Solicitation

• During the term of employment and for a period of [Number] months following termination of employment, the Employee agrees not to solicit, directly or indirectly, any customers or accounts of the Employer with whom the Employee had material contact during the [Number] months preceding termination. The geographic scope of this restriction is limited to [Specific Geographic Area within Georgia].

Restrictive Covenant (Non-Compete)

• To protect the Employer's legitimate business interests, the Employee agrees that during the term of employment and for a period of [Number] months following termination of employment, the Employee will not, directly or indirectly, engage in any business activity that is competitive with the Employer’s business within [Specific Geographic Area within Georgia, Narrowly Defined]. This restriction applies to the following specific business activities: [Specifically list prohibited competitive activities].
• The Employee acknowledges that this restriction is reasonable in scope and necessary to protect the Employer’s confidential information, customer relationships, and goodwill.
• If a court determines that any provision of this non-compete is unenforceable, the court may modify the provision to make it enforceable, consistent with Georgia law.

Confidentiality

• The Employee agrees to hold confidential all client data, pricing strategies, marketing plans, and proprietary sales methods of the Employer, both during and after employment, in accordance with Georgia’s Uniform Trade Secrets Act.

Anti-Discrimination and Equal Opportunity

• The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other characteristic protected by federal or Georgia law.
• Any complaints of discrimination should be reported to [Designated Contact Person/Department].

Compliance with Laws

• The Employee agrees to comply with all applicable Georgia regulations, local licensing requirements, and industry-specific rules.

At-Will Employment

• Employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to applicable Georgia law.
• Termination for Cause: "Cause" shall include, but not be limited to: failure to meet sales quotas, misconduct, fraudulent sales, or violation of company policies.

Termination

• Voluntary Termination: Employee must provide [Number] days written notice to Employer.
• Involuntary Termination:
• Final Paycheck: Employer will provide the final paycheck by the next regular payday, as required by Georgia law.
• Return of Company Property: Employee must return all company property upon termination.

Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall be resolved as follows:
  • Internal Complaint Escalation: Employee must first attempt to resolve the dispute internally with [Designated Contact Person/Department].
  • Mediation/Arbitration: If the dispute cannot be resolved internally, the parties agree to participate in mediation or arbitration in [City, Georgia].
  • Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Exclusive jurisdiction and venue for any litigation shall be in the courts located in [County, Georgia].

Occupational Safety and Health

• The Employer will comply with all applicable Georgia occupational safety and health laws.
• Employee must report any work-related injuries to [Designated Contact Person/Department].
• Employee is covered by workers’ compensation insurance.

Training and Compliance

• The Employee acknowledges the mandatory sales and product training.
• The Employee agrees to adhere to all company marketing guidelines and ethics codes.
• The Employee will not engage in outside employment that may conflict with the Employer’s business in Georgia.

Performance Reviews

• Sales performance reviews will be conducted [Frequency, e.g., quarterly, annually].
• Performance will be evaluated based on [Specific Criteria, e.g., sales quotas, customer satisfaction].
• Consequences for underperformance: [Describe consequences and improvement plans].

Licensing and Background Checks

• The Employee agrees to obtain and maintain any required professional licenses for selling the Employer’s products/services in Georgia.
• The Employee authorizes the Employer to conduct background checks as permitted by Georgia law.

Amendment

• This Agreement may be amended only by a written instrument signed by both parties.

Notice

• All notices required or permitted under this Agreement shall be in writing and delivered by certified mail, return receipt requested, to the addresses set forth above.

Entire Agreement

• This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

Signature: ____________________________

Date: ____________________________