Missouri sales representative employment contract template

Missouri Sales Representative Employment Contract

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

1. Job Title and Duties

• The Employee is hired as a Sales Representative.
• Job Duties:
  • Option A: Prospecting and lead generation within assigned Missouri territories.
  • Option B: Client relationship management within assigned Missouri territories.
  • Performing sales presentations and product demonstrations.
  • Negotiating and closing sales agreements.
  • Regular travel within Missouri sales regions.
  • Accurate completion of sales call reports and CRM data entry.
  • Achievement of agreed-upon sales targets and quotas.
  • Attendance at Missouri-based industry trade shows and client events.
  • Adherence to company marketing strategies.
  • Reporting to Missouri-based management or designated supervisors.

2. Work Location and Travel

• Primary work location is [City, State], Missouri.
• Option A: The employee will be expected to travel within [Specific Counties or Regions of Missouri].
• Option B: Home office based with regular travel to client sites.
• Option C: Remote work is permitted with scheduled visits to the Missouri office.
• Employer-provided vehicle: Yes / No.
  • If yes, vehicle usage policy is attached as Exhibit A.
• Mileage reimbursement: [Rate per mile] in accordance with Missouri and Federal guidelines.

3. Employment Type and Hours

• Full-time employee.
• Work hours: [Number] hours per week.
• Break/Rest Requirements: In accordance with Missouri law.
• Option A: Overtime pay will be paid at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek, as required by Missouri law.
• Option B: Employee is exempt from overtime pay due to the outside sales exemption under the Fair Labor Standards Act and Missouri Minimum Wage Law.
• Missouri is a "right-to-work" state, and this agreement does not violate those provisions.

4. Compensation

• Base Salary: [Dollar Amount] per [Year/Month/Pay Period].
• Commission Structure:
  • Option A: Commission calculated on [Net Sales/Gross Sales].
    • Commission rate: [Percentage]%
    • Commission tiers:
      • Tier 1: [Sales Volume] = [Commission Rate]%
      • Tier 2: [Sales Volume] = [Commission Rate]%
  • Option B: Commission based on product type:
    • Product A: [Commission Rate]%
    • Product B: [Commission Rate]%
  • Option C: Commission based on customer type.
    • New Customers: [Commission Rate]%
    • Existing Customers: [Commission Rate]%
• Commission Payment Timing: [Monthly/Quarterly], paid within [Number] days of the end of the reporting period, and upon receipt of customer payments.
• Advances/Draw on Commissions:
  • Option A: No advances or draws on commissions.
  • Option B: Draw of [Dollar Amount] per [Month/Pay Period], recoupable from future commissions.
• Clawback/Chargeback Procedures: In the event of returned products, bad debt, or canceled sales, commission will be charged back.
• Commission dispute resolution: All commission disputes must be submitted in writing to [Designated Person/Department] within [Number] days of payment.

5. Bonus and Incentive Programs

• Eligibility for sales contests and spiffs as announced.
• Annual awards: Eligibility based on performance criteria.
• Specific bonus structure: [Describe specific bonus structure and performance goals].

6. Benefits

• Health insurance: [Describe health insurance options].
• Dental insurance: [Describe dental insurance options].
• Vision insurance: [Describe vision insurance options].
• 401(k) or other retirement plans: [Describe retirement plan options].
• Paid time off (PTO): [Number] days per year, including vacation, sick leave, and personal days, in accordance with Missouri law.
• Holiday schedule: As per company policy for Missouri-based employees.
• Expense reimbursement: For travel, meals, and lodging, in accordance with company policy.
  • Receipts are required for all expenses.
• Company vehicle: [Yes/No].
• Cell phone policy: [Describe cell phone policy].

7. Training and Development

• Required training: [List specific product, sales technique, or legal/regulatory training].
• Ongoing professional development: Expected to participate in relevant industry events and training.
• Required certifications/registrations: [List any required state certifications or registrations].

8. Non-Solicitation and Non-Competition

• Non-Solicitation: Employee agrees not to solicit customers or employees of the Employer for a period of [Number] months following termination of employment within [Specific Geographic Area], to the extent permissible under Missouri law.
• Non-Competition: Employee agrees not to engage in any business that competes with the business of the Employer within [Specific Geographic Area] for a period of [Number] months following termination of employment. This is limited to the extent enforceable under Missouri statutes and judicial precedent and is necessary to protect legitimate business interests.
  • This provision is specifically intended to protect [Describe Legitimate Business Interests, e.g., trade secrets, customer relationships].

9. Confidentiality and Company Property

• Ownership of company property and materials, including client lists and sales databases, resides with the Employer.
• Employee shall not use confidential or proprietary information for personal gain or to the detriment of the Employer.
• Employee shall safeguard customer data in accordance with all applicable laws and regulations.

10. Behavioral and Ethical Expectations

• Compliance with all applicable Missouri and federal solicitation, telemarketing, Do-Not-Call, and anti-bribery laws.
• Adherence to company codes of conduct and anti-fraud rules.
• Accurate recordkeeping.
• Immediate reporting of customer complaints or regulatory inquiries.

11. Performance Review and Improvement

• Performance reviews will be conducted [Frequency, e.g., annually, semi-annually].
• Evaluation criteria will include [List key performance indicators, e.g., sales targets, customer satisfaction, lead generation].
• Improvement plans will be implemented for underperformance.

12. Reporting Structure and Meetings

• Reports to: [Job Title].
• Regular meetings: [Frequency, e.g., weekly, monthly] meetings, in-person/remote.

13. At-Will Employment and Termination

• Employment is at-will, and either party may terminate the employment relationship at any time, with or without cause.
• Option A: [Number] days' written notice is required for resignation.
• Option B: No specific notice is required for resignation, but professional courtesy is expected.
• Final pay and commission settlement will be paid in accordance with Missouri wage payment timing laws.
• Employee shall return all employer property, records, and materials upon termination.

14. Resignation, Termination, and Layoff

• Procedures for resignation, termination by employer (with or without cause), and layoff or reduction in force will comply with Missouri law.
• Commissions earned on sales up to the termination date will be paid in accordance with Missouri wage laws.

15. Dispute Resolution

• Any disputes arising out of this agreement shall be resolved through negotiation, mediation, and, if necessary, arbitration before recourse to Missouri courts.
• Missouri law and venue shall govern this agreement.

16. Compliance with Laws

• Employer complies with all applicable Missouri and federal laws regarding anti-discrimination and equal employment opportunity, including the Missouri Human Rights Act.

17. Workers' Compensation and Safety

• Employee is covered by workers' compensation insurance as required by Missouri law.
• Employee must adhere to all company safety protocols.

18. Harassment Prevention and Diversity

• Employer maintains a policy prohibiting harassment and discrimination.
• Employer is committed to diversity and inclusion.

19. Policy Updates

• Employer may update policies and employment terms to ensure compliance with Missouri law.

20. Addenda

• Any addenda to this agreement will be attached. [Optional: Provide space for specific addenda]

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

____________________________

[Company Name]

By: ____________________________

[Name and Title]

____________________________

[Employee Name]