Indiana retail sales associate employment contract template
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How Indiana retail sales associate employment contract Differ from Other States
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Indiana is an at-will employment state, so the contract must clearly state termination can occur for any legal reason unless otherwise specified.
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State law requires employers to pay terminated employees all earned wages by the next regular payday, which should be reflected in the contract’s final payment clause.
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Indiana prohibits non-compete agreements for certain hourly employees; employment contracts must comply with these state-specific restrictions.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract mandatory for retail sales associates in Indiana?
A: No, Indiana law does not require a written contract for retail sales associates, but having one clarifies terms and protects both parties.
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Q: Can a non-compete clause be included in an Indiana retail sales associate contract?
A: Generally, non-compete clauses are limited for hourly workers in Indiana and may not be enforceable. Legal review is recommended.
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Q: How soon must wages be paid after termination in Indiana?
A: Indiana law mandates full payment of all earned wages to a terminated employee by the next regular payday.
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Indiana Retail Sales Associate Employment Contract
This Indiana Full-Time Retail Sales Associate Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Company Name], a [State] corporation with its principal place of business at [Company Address] (the "Employer"), and [Employee Name], residing at [Employee Address] (the "Employee").
Contact Information:
- Employer Contact Person: [Contact Person Name]
- Employee Phone Number: [Employee Phone Number]
- Employee Email: [Employee Email]
Position:
The Employer hereby employs the Employee as a Retail Sales Associate. The Employee accepts such employment and agrees to perform the following duties:
- Job Responsibilities:
- Providing excellent customer service.
- Assisting customers with merchandise selection and sales.
- Processing transactions using the point-of-sale (POS) system.
- Restocking merchandise and maintaining store displays.
- Conducting inventory checks.
- Assisting in loss prevention efforts.
- Handling merchandise returns and exchanges according to store policy.
- Daily cash reconciliation.
- Store opening and closing procedures.
- Maintaining clean and organized sales areas.
- Promoting store promotions, credit programs, and loyalty programs.
- Upselling and cross-selling products.
- Complying with store dress code and appearance standards.
Work Location and Schedule:
- Primary Work Location: [Store Address], Indiana.
- In-Store Presence: Required.
- Shift Rotation:
- Option A: Employee will be required to work rotating shifts, including weekends, holidays, and evenings.
- Option B: Employee will work a fixed schedule of [Days of the week] from [Start Time] to [End Time].
- Requirements: The employee must be present in the store during scheduled shifts.
Full-Time Employment:
This is a full-time position.
- Weekly Hours: Minimum of [Number] hours per week. (Typically 35-40)
- Shift Patterns: [Describe typical shift patterns].
- Meal and Rest Breaks:
- Option A: Employee will receive a [Number] minute unpaid meal break and [Number] paid rest breaks per [Number] hour shift, according to Indiana law.
- Option B: Employee will receive breaks in accordance with company policy and Indiana law, which is [description of breaks].
- Scheduling and Timekeeping:
- Employee is responsible for tracking time accurately through [Timekeeping method].
- All schedule change requests must be submitted to [Supervisor Name] at least [Number] days in advance.
Overtime:
The Employee will be paid overtime at one and one-half (1.5) times their regular rate of pay for all hours worked over forty (40) in a workweek, in compliance with the Fair Labor Standards Act (FLSA) as adopted in Indiana.
Compensation:
- Wage Rate:
- Option A: Employee will be paid an hourly rate of [Dollar Amount] per hour.
- Option B: Employee will be paid a salary of [Dollar Amount] per [Pay Period].
- Probationary Period Rate: During the initial [Number] day probationary period, the hourly rate will be [Dollar Amount].
- Method of Payment: [Direct Deposit/Check].
- Pay Period Frequency: [Weekly/Bi-weekly/Monthly].
- Pay Increases:
- Option A: Pay increases are discretionary and based on performance reviews and company policy.
- Option B: Pay increases are guaranteed annually based on performance at a set amount.
- Sales Commissions:
- Option A: Employee is eligible for sales commissions as outlined in the attached commission plan.
- Option B: There is no commission included in the compensation.
- Sales Bonuses:
- Option A: Employee may be eligible for individual or team sales bonuses based on meeting specific sales goals. Details are outlined in the sales incentive program document.
- Option B: There is no sales bonus included in the compensation.
- Seasonal Bonuses:
- Option A: Employee may be eligible for seasonal bonuses based on company performance.
- Option B: There is no seasonal bonus included in the compensation.
Benefits:
The following benefits are available to eligible employees, subject to the terms and conditions of the applicable benefit plans:
- Health, Vision, or Dental Insurance:
- Option A: The employer provides employee health, vision, or dental insurance. Eligibility information is available upon request.
- Option B: The employer does not provide health, vision or dental insurance.
- Paid Time Off (PTO):
- Option A: Employees accrue PTO at a rate of [Number] hours per pay period. Refer to company policy for details.
- Option B: The employer offers [Number] days of paid time off annually.
- Personal Days:
- Option A: Employees are granted [Number] personal days per year.
- Option B: The employer does not offer personal days.
- Indiana-Recognized Holidays: [List of holidays].
- 401(k) or Other Retirement Benefits:
- Option A: Employees are eligible to participate in the company's 401(k) plan after [Number] months of employment.
- Option B: The employer does not offer 401(k) or other retirement benefits.
- Employee Discounts: [Describe employee discounts].
- Unpaid Leave: Eligible employees may request unpaid leave in accordance with company policy and applicable law.
- Educational or Product Training: The employer will provide training as needed for product launches and regulatory updates.
Reporting Relationships and Performance Evaluations:
- Reporting Relationship: Employee reports to [Supervisor Name], [Title].
- Performance Evaluation Criteria: Performance will be evaluated based on sales metrics, customer satisfaction scores, attendance, and adherence to company policies.
- Evaluation Frequency: Performance evaluations will be conducted [Frequency].
- Training: Employee is expected to attend all required training sessions.
Store Property and Equipment:
Employee is responsible for the proper use and care of all store property and equipment, including POS terminals and handheld devices.
- Shrinkage and Loss Prevention: The employee is responsible for loss prevention.
- Cash Register Discrepancies: Discrepancies will be handled according to company policy.
Confidentiality:
Employee agrees to maintain the confidentiality of all customer data, sales information, pricing, and company trade secrets, both during and after employment.
Post-Employment Restrictions:
Given Indiana's restrictions on non-compete agreements for low-wage workers, any post-employment restrictions will comply with Indiana statutes.
- Non-Solicitation (if applicable): If the employee's pay meets the state's threshold, the employee agrees not to solicit the Employer's customers for a period of [Number] months following termination of employment.
- Compliance: All post-employment restrictions must meet state requirements.
Standards of Conduct:
- Customer Greeting Procedures: [Describe required customer greeting procedures].
- Behavior Expectations: [Outline expectations for employee behavior].
- Conflict Resolution: [Detail the process for resolving conflicts with customers].
- Dress Code: Employee must adhere to the store dress code as outlined in the employee handbook.
- Progressive Discipline: Misconduct, tardiness, absenteeism, or dress code violations will result in progressive discipline.
At-Will Employment and Termination:
- At-Will Employment: This is an at-will employment relationship, meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to the provisions below.
- Grounds for Immediate Termination: Theft, fraud, or gross misconduct are grounds for immediate termination.
- Notice or Pay in Lieu of Notice: The employer may require notice or payment in lieu of notice.
- Final Paycheck: The final paycheck will be delivered in accordance with Indiana law.
Resignation:
- Notice Requirement: Employee must provide [Number] weeks written notice of resignation.
- Job Abandonment: Failure to report to work for [Number] consecutive days without notification will be considered job abandonment.
- Exit Interview: Employee agrees to participate in an exit interview upon termination of employment.
- Return of Property: Employee must return all store property, uniforms, magnetic entry cards, and keys upon termination of employment.
Equal Employment Opportunity:
The Employer is an equal opportunity employer and complies with all applicable Indiana and federal anti-discrimination, equal employment opportunity, and harassment laws.
Workplace Injuries and Safety:
- Reporting: Employee must immediately report all workplace injuries to [Supervisor Name].
- Workers' Compensation: Employee is covered by workers' compensation insurance in accordance with Indiana law.
- IOSHA Compliance: The employer adheres to Indiana Occupational Safety and Health Administration (IOSHA) regulations.
Data Privacy:
Employee must adhere to data privacy expectations for employee and customer information, following Indiana data protection laws.
Grievance and Complaint Reporting:
Employee may report grievances or complaints to [HR Department/Designated Person].
Social Media and Communication Policies:
- Phone Usage: Personal phone use on the sales floor is restricted.
- Public Posting: Employee is prohibited from posting confidential information about the store or customers on social media.
Mandatory Participation:
Employee is required to participate in all-store meetings, product training, and compliance training as scheduled.
Advancement:
Employee is eligible for advancement and internal transfer opportunities based on performance and qualifications.
Dispute Resolution:
Any disputes arising out of or relating to this Agreement will be subject to good faith negotiation, followed by mediation or arbitration in Indiana, before resorting to litigation. Indiana law and venue governs this contract.
Unemployment Claims:
Eligibility for unemployment claims will be determined by the Indiana Department of Workforce Development.
Uniforms:
Employee is required to wear a uniform.
- Option A: The employer provides the uniform at no cost to the employee.
- Option B: The employee is responsible for purchasing the uniform. Costs will be deducted according to Indiana wage deduction laws.
Protection of Minors and Vulnerable Persons:
If the store sells age-regulated products (e.g., alcohol, tobacco), employee must follow Indiana ID checking and reporting procedures required by law.
Customization:
All elements of this contract are adjustable to suit the employer, location, store format, and employee's role within Indiana retail operations.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employee Name] (Employee)
____________________________
[Company Name] (Employer)
By: ____________________________
[Name of Authorized Representative]
[Title]