Mississippi sales representative employment contract template
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How Mississippi sales representative employment contract Differ from Other States
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Mississippi requires prompt payment of commissions to sales representatives after contract termination, as mandated by state law.
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Unlike many states, Mississippi has specific legal penalties for employers who fail to pay owed commissions on time.
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Mississippi law allows sales representatives to recover attorney's fees and court costs if they successfully claim unpaid commissions.
Frequently Asked Questions (FAQ)
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Q: Are written sales representative agreements required in Mississippi?
A: Written agreements are not strictly required, but they are strongly recommended to avoid disputes and ensure legal protection.
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Q: What happens if an employer fails to pay commissions in Mississippi?
A: The sales representative can sue for unpaid commissions and may recover additional damages, attorney's fees, and court costs.
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Q: Can non-compete clauses be enforced in Mississippi sales rep contracts?
A: Yes, but only if the restrictions are reasonable in scope, duration, and geographic area to protect legitimate business interests.
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Mississippi Sales Representative Employment Contract
This Mississippi Sales Representative Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Full Legal Name], with its principal place of business at [Employer Address] ("Employer"), and [Sales Representative Full Legal Name], residing at [Sales Representative Address] ("Sales Representative").
1. Employment Position
- The Employer hereby employs the Sales Representative, and the Sales Representative hereby accepts employment, as a Sales Representative.
- The Sales Representative's duties include, but are not limited to:
- Prospecting new customers.
- Selling products or services.
- Conducting product demonstrations.
- Preparing and delivering sales proposals.
- Attending industry trade shows in Mississippi and neighboring states.
- Negotiating and closing sales deals.
- Maintaining customer relationships.
- Submitting regular sales reports.
- Meeting clearly defined sales targets or quotas.
2. Territory
- Option A: The Sales Representative's exclusive territory is [Specific Geographic Territory within Mississippi].
- Option B: The Sales Representative's exclusive territory is defined as [Specific Industry within Mississippi].
- Option C: The Sales Representative's exclusive territory consists of the following accounts: [List of Accounts within Mississippi].
- Option D: The Sales Representative's territory is non-exclusive and may be modified by Employer based on market conditions.
3. Travel
- Option A: The Sales Representative is required to travel within Mississippi.
- Option B: The Sales Representative is required to travel outside Mississippi.
- Option C: Overnight travel is required.
- Option D: The Sales Representative will use a personal vehicle and be reimbursed at the IRS mileage rate, consistent with Mississippi guidelines.
- Option E: The Sales Representative will be provided with a company vehicle. The Sales Representative agrees to comply with the company's vehicle policy as outlined in Exhibit [Exhibit Number].
4. Work Location & Remote Work
- Option A: The Sales Representative's primary work location is the Employer's headquarters in Mississippi.
- Option B: The Sales Representative's primary work location is the [Specific Branch Office] office.
- Option C: The Sales Representative may work remotely/from home, subject to the Employer's remote work policy. The Sales Representative will use Employer-provided CRM and digital reporting tools.
5. Employment Classification and Working Hours
- Option A: The Sales Representative is classified as a full-time, exempt employee.
- Option B: The Sales Representative is classified as a full-time, non-exempt employee.
- The standard workweek is [Number] hours per week.
- The Sales Representative is expected to be available after hours for clients as needed.
- The Sales Representative is required to attend company meetings and training sessions in Mississippi.
6. Compensation
- Option A: The Sales Representative will receive a base salary of [Dollar Amount] per year, paid [Payment Frequency].
- Option B: The Sales Representative will receive an hourly rate of [Dollar Amount] per hour, paid [Payment Frequency].
- The Sales Representative will also be eligible for commissions as outlined in Exhibit [Exhibit Number]. The commission rate is [Percentage or Formula]. Commissions are calculated and paid [Payment Schedule].
- The Sales Representative is eligible for a bonus of up to [Dollar Amount or Percentage] per [Time Period] based on achieving [Specific Goals].
- Total target compensation is estimated at [Dollar Amount] per year.
7. Payment Dates & Method
- The Sales Representative will be paid [Biweekly or Monthly] via [Direct Deposit or Check].
- Deductions will be made in accordance with Mississippi and federal law.
- Commissions on pending sales at termination will be handled as follows: [Explanation of Commission Payment at Termination].
8. Employee Benefits
- The Sales Representative is eligible for the following benefits:
- Health, dental, and vision insurance: Eligibility and cost sharing details are outlined in the employee handbook.
- 401(k) or retirement plan: Details are provided in the retirement plan documents.
- Paid time off: [Number] days of vacation, [Number] days of sick leave, [Number] personal days.
- Mississippi and federal statutory holidays.
- Business and travel expense reimbursement.
- Option A: Vehicle allowance of [Dollar Amount] per month.
- Option B: Access to a company fleet vehicle.
- Professional sales training and continuing education reimbursement up to [Dollar Amount] per year.
9. Compliance with Laws
The Sales Representative is responsible for complying with all applicable state and federal laws, including licensing requirements (if applicable), handling confidential client data, and adhering to the Mississippi Consumer Protection Act.
10. Confidentiality
The Sales Representative agrees to maintain the confidentiality of customer lists, pricing, contract terms, trade secrets, and other proprietary information. This obligation continues [Number] years after termination.
11. Outside Business Activities
- The Sales Representative shall not engage in any outside business activities that conflict with the interests of the Employer without prior written approval.
- The Sales Representative shall not accept gifts or benefits from customers or vendors without prior written approval.
12. Non-Solicitation/Non-Competition
- Option A: The Sales Representative agrees not to solicit the Employer's customers or employees for a period of [Number] months following termination of employment.
- Option B: The Sales Representative agrees not to compete with the Employer within [Specific Geographic Area within Mississippi] for a period of [Number] months following termination of employment, limited to [Specific Activities].
13. Intellectual Property
All sales presentations, reports, and marketing materials developed by the Sales Representative shall be the property of the Employer.
14. Reporting
The Sales Representative shall submit regular sales reports, manage the sales pipeline, and use the Employer's CRM system.
15. Ethical Conduct
The Sales Representative shall conduct business ethically and comply with the Employer's anti-discrimination and anti-harassment policies, as well as the company’s code of conduct.
16. Performance Standards
The Sales Representative must meet the following performance standards: [Specific Sales Minimums, Target Achievement Metrics]. Failure to meet these standards may result in a performance improvement plan, probation, or termination.
17. Termination
- Option A: The Sales Representative's employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice.
- Option B: The Sales Representative must provide [Number] days' written notice of resignation.
- The Employer may terminate the Sales Representative's employment for cause immediately.
- Upon termination, the Sales Representative shall return all company materials and confidential information.
18. Grievance/Dispute Resolution
Any disputes shall first be addressed internally. If unresolved, the parties agree to mediation/arbitration in Jackson, Mississippi. This Agreement shall be governed by the laws of the State of Mississippi.
19. Occupational Health and Safety
The Employer is committed to providing a safe work environment. The Sales Representative agrees to report any injuries or unsafe conditions.
20. Mandatory Notices & Acknowledgements
- The Sales Representative acknowledges that this is an employment-at-will agreement.
- The Sales Representative has received and reviewed all referenced sales policies, handbooks, and manuals.
- The Sales Representative confirms eligibility to work in the U.S.
21. Equal Employment Opportunity
The Employer is an equal opportunity employer and complies with all applicable federal and state laws regarding equal employment opportunity and affirmative action.
22. Worker's Compensation & Unemployment Insurance
The Sales Representative is covered by worker's compensation insurance and unemployment insurance in accordance with Mississippi law.
23. Social Media
The Sales Representative's use of social media and public communications referencing the Employer or its customers must comply with the Employer's social media policy.
24. Amendment
The Employer reserves the right to amend commission plans, sales targets, or other compensation-related elements with advance written notice.
25. Optional Clauses
- Option A: The Employer may change the Sales Representative's assigned territory or product lines.
- Option B: In the event of a merger or acquisition, the Employer will make reasonable efforts to maintain the Sales Representative's compensation and role.
26. Driver's License & Insurance
The Sales Representative must maintain a valid driver's license and minimum auto insurance if travel is required.
27. Exhibits
- The following exhibits are attached and incorporated into this Agreement:
- Exhibit A: Sales Policies
- Exhibit B: Commission Plan Details
- Exhibit C: Vehicle Policy
- Exhibit D: Non-Disclosure Agreement
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Full Legal Name]
By: [Name of Authorized Representative]
Title: [Title of Authorized Representative]
[Sales Representative Full Legal Name]
Signature:____________________________
Date:____________________________