Montana retail sales associate employment contract template

Montana Retail Sales Associate Employment Contract

This Montana Retail Sales Associate Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Name], located at [Employer Address], (“Employer”) and [Employee Legal Name], located at [Employee Address], (“Employee”).

1. Employment

• The Employer hires the Employee as a Retail Sales Associate.
• Option A: The Employee accepts this employment and agrees to the terms and conditions outlined in this Agreement.
• Option B: This employment is contingent upon satisfactory completion of a background check and drug screening, as permitted by Montana law.

2. Position and Duties

• The Employee’s primary responsibility is that of a Retail Sales Associate.
• The Employee's duties include, but are not limited to:
• Assisting customers in a friendly and efficient manner.
• Processing sales transactions using the point-of-sale (POS) system.
• Restocking merchandise and maintaining store cleanliness.
• Following loss prevention procedures.
• Adhering to visual merchandising standards.
• Basic inventory handling.
• The Employee understands that the position may require standing for extended periods, lifting up to [Weight] pounds, and frequent interaction with the public.

3. Reporting and Location

• The Employee will report directly to the [Job Title, e.g., Store Manager, Assistant Manager].
• The Employee's primary work location is [Store Location] in [City, Montana].
• Option A: The Employee may be required to travel to other store locations within Montana as needed.
• Option B: The Employee’s work location is fixed, and no travel is required.

4. Employment Status and Schedule

• The Employee is hired as a full-time employee.
• Full-time employment is defined as [Number, e.g., 35-40] hours per week.
• The regular work schedule will be [Days of the Week], from [Start Time] to [End Time].
• The Employee is required to be available to work weekends, evenings, and holidays as needed, based on the Employer's business needs and Montana retail trends.
• The Employer will attempt to provide schedules [Number] weeks in advance.

5. Meal and Rest Breaks

• Montana law does not mandate meal or rest breaks.
• Option A: The Employee will be provided with a [Number] minute unpaid meal break for each shift exceeding [Number] hours.
• Option B: The Employee will be provided with [Number] paid [Number]-minute rest breaks during each [Number]-hour shift.
• All breaks must be taken in accordance with federal Fair Labor Standards Act (FLSA) regulations.

6. Child Labor Restrictions

• If the Employee is under the age of 18, employment will comply with all applicable Montana child labor laws.
• The Employee will provide proof of age if requested by the Employer.

7. Compensation

• The Employee will be paid an hourly wage of [Dollar Amount] per hour.
• Option A: The Employee will be paid a salary of [Dollar Amount] per year.
• Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular rate of pay for all hours worked over 40 in a workweek, as required by Montana law and the FLSA.
• Pay frequency is [Frequency, e.g., bi-weekly], and payment will be made by [Method, e.g., direct deposit, check].
• Option A: The Employee is eligible for bonuses or commissions based on [Description, e.g., individual sales performance, store targets], as outlined in the separate Bonus/Commission Plan.
• Option B: The employee is not eligible for bonuses or commissions.

8. Deductions

• Deductions from the Employee's pay will only be made as permitted by Montana law, including deductions for taxes, voluntary benefits, and authorized uniform or equipment costs.
• The Employer will not make any deductions that reduce the Employee's pay below the Montana minimum wage, unless required by law.

9. Uniforms and Dress Code

• The Employee is required to wear the prescribed uniform, which consists of [Description of Uniform].
• Option A: The Employer will provide the uniform at no cost to the Employee.
• Option B: The Employee is responsible for purchasing and maintaining the uniform, but the Employer will provide a [Dollar Amount] uniform allowance.
• The Employee is responsible for maintaining the cleanliness and professional appearance of the uniform.

10. Equipment

• The Employer will provide the Employee with the necessary tools and equipment to perform their job duties, including [List of Equipment, e.g., scanner gun, tablet, store keys].
• The Employee is responsible for the proper care and use of the equipment and will be held liable for any loss or damage caused by negligence or misuse.

11. Benefits

• Option A: The Employee is eligible for health insurance benefits after [Number] days of employment. Details regarding eligibility, costs, and waiting periods are outlined in the Employee Benefits Handbook.
• Option B: Health insurance benefits are not provided.
• Option A: The Employee is eligible for dental and vision insurance benefits after [Number] days of employment. Details regarding eligibility, costs, and waiting periods are outlined in the Employee Benefits Handbook.
• Option B: Dental and vision insurance benefits are not provided.
• The Employee is eligible for paid time off (PTO) in accordance with the Employer's PTO policy, which includes [Number] days of vacation time and [Number] days of sick leave per year.
• The Employer complies with Montana’s Military Leave For Service Members Act.
• The Employee is eligible for jury duty leave and bereavement leave in accordance with Montana law and Employer policy.

12. Holidays

• The Employer recognizes the following paid holidays: [List of Holidays].
• Option A: The Employee may be required to work on certain holidays, and will be compensated at a rate of [Percentage] times their regular rate of pay.
• Option B: The Employee may be required to work on certain holidays.

13. Training

• The Employee will participate in on-the-job training, employee onboarding, and training on store products and services.
• The Employee will complete mandatory compliance and safety training, including but not limited to HazCom, slip-and-fall prevention, and shoplifting protocol.

14. Safety

• The Employee will adhere to all Montana Occupational Safety and Health (MT OSHA) standards for retail workplaces.
• The Employee will immediately report any workplace injuries or unsafe conditions to their supervisor.

15. Confidentiality

• The Employee agrees to maintain the confidentiality of all customer data, company sales information, pricing strategies, proprietary promotional materials, and other sensitive store information.
• This confidentiality obligation will survive the termination of this Agreement.

16. Cash Handling and Loss Accountability

• The Employee is responsible for accurately handling cash transactions and following the Employer's cash handling procedures.
• The Employee will report any cash shortages or discrepancies over [Dollar Amount] to their supervisor immediately.
• Disciplinary action may be taken for cash register discrepancies or failure to follow cash handling procedures.

17. Outside Employment

• Option A: The Employee may not engage in outside employment that conflicts with the interests of the Employer.
• Option B: The employee is not restricted from outside employment as long as it does not conflict with Employer interests and does not negatively impact job performance.

18. Anti-Harassment and Anti-Discrimination

• The Employer is committed to providing a workplace free of harassment and discrimination.
• The Employer complies with federal Title VII, the Montana Human Rights Act, and all other applicable laws prohibiting discrimination based on race, color, religion, sex, national origin, age, disability, gender identity, or any other protected characteristic.

19. Termination

• This is an at-will employment agreement, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, except as otherwise required by law.
• Option A: In the event of resignation, the Employee is requested to provide [Number] weeks written notice.
• Option B: The Employer may provide [Number] weeks' notice or pay in lieu of notice in the event of termination without cause.
• Upon termination, the Employer will provide the Employee's final paycheck within the next regular payday or within 15 days, as required by Montana law.
• The Employee will return all keys, uniforms, store property, and other company-owned items upon termination.

20. Unemployment Insurance and Workers' Compensation

• The Employer complies with Montana's Unemployment Insurance and Workers' Compensation statutes.
• The Employee is required to report any workplace injuries or illnesses to their supervisor immediately.

21. Conflict Resolution

• Any disputes arising out of or relating to this Agreement will be resolved through internal discussion between the Employee and their supervisor.
• Option A: If internal discussion fails to resolve the dispute, the parties agree to participate in mediation in [City, Montana].
• Option B: If internal discussion fails to resolve the dispute, the parties agree to binding arbitration in [City, Montana], in accordance with the rules of the American Arbitration Association.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Montana. Venue for any legal action shall be in [County, Montana].

22. Acknowledgement

• The Employee acknowledges receipt of the Montana minimum wage posting and the Employer's break/overtime/pay policies.

23. Intellectual Property

• Any intellectual property or work product created by the Employee during their employment, including contributions to advertising campaigns or internal training materials, will be the sole property of the Employer.

24. Timekeeping

• The Employee is required to accurately clock in and out using the designated timekeeping system.
• The Employee must report any payroll discrepancies to their supervisor immediately.
• The Employer will maintain accurate timekeeping records in compliance with Montana requirements.

25. Customer Privacy and Non-Solicitation

• The Employee is obligated to protect customer privacy and maintain the confidentiality of customer information.
• Option A: Upon termination of employment, the Employee agrees not to solicit the Employer's customers for a period of [Number] months within a [Number]-mile radius of the store location.
• Option B: The Employee does not agree to non-solicitation post-employment.

26. Store Policies

• The Employee acknowledges receipt of and agrees to adhere to the Employer's store policies, code of conduct, and safety rules.

27. Accessibility and Reasonable Accommodation

• The Employer provides reasonable accommodations to qualified individuals with disabilities in accordance with Montana disability law and the Americans with Disabilities Act (ADA).

28. Entire Agreement

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

29. Probationary Period

• Option A: The Employee will serve a probationary period of [Number] days. During this period, the Employer will evaluate the Employee's performance and suitability for the position.
• Option B: There is no probationary period.

30. Policy Review and Updates

• The Employer reserves the right to review and update this Agreement and related policies as necessary to comply with Montana law or changes in company policy. The Employee will be notified of any changes in writing.

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

____________________________

[Employer Representative Name], [Employer Representative Title]

[Employer Legal Name]

____________________________

[Employee Legal Name]