Nebraska sales representative employment contract template

Nebraska Sales Representative Employment Contract

This Nebraska Sales Representative Employment Contract (the "Agreement") is made and effective as of [Date] by and between [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

1. Position and Duties

• The Employer hereby employs Employee as a full-time Sales Representative.
• Normal business hours are [Start Time] to [End Time], Monday through Friday.
• Work Arrangement:
  • Option A: Primarily in-office at [Office Location].
  • Option B: Primarily field sales within [Territory Description, e.g., Eastern Nebraska].
  • Option C: Hybrid arrangement with [Number] days in-office and [Number] days remote.
• Travel:
  • Option A: Travel within Nebraska is required.
  • Option B: Travel to bordering states ([List States]) may be required.
  • Travel reimbursement will be in accordance with Nebraska law and company policy.
• Duties include, but are not limited to:
  • Prospecting new clients within the [Specific Industry or Sector] sector.
  • Presenting and demonstrating products/services.
  • Attending and organizing client meetings.
  • Maintaining customer relationships.
  • Negotiating prices and contract terms.
  • Preparing quotations.
  • Managing the sales pipeline.
  • Achieving individual and team sales targets/quotas.
  • Recording sales activities in CRM ([CRM System Name]).
  • Following up on leads promptly.
  • Coordinating with internal departments.
  • Participating in trade shows and networking events.
  • Submitting regular sales reports.
  • Adhering to all company policies.

2. Territory and Accounts

• The Employee's assigned territory is [Specific Geographical Area in Nebraska].
• Key Accounts:
  • Option A: Employee is responsible for the following key accounts: [List of Key Accounts].
  • Option B: No specific key accounts are assigned initially.
• Sector: Employee will focus on the [Specific Industry Sector] sector.

3. Compensation

• The Employee's compensation consists of a base salary plus commission.
• Base Salary:
  • Option A: An annual base salary of [Dollar Amount], paid [Frequency, e.g., bi-weekly].
  • Option B: An hourly wage of [Dollar Amount], paid [Frequency, e.g., bi-weekly]. This rate meets or exceeds the Nebraska minimum wage.
• Commission:
  • Commission Rate: [Percentage]% of gross/net sales revenue.
  • Calculation: Commission is calculated on [Gross/Net] sales revenue.
  • Tiered Commission:
    • Option A: Not applicable.
    • Option B: Commission is tiered as follows: [Details of Tiered Structure].
  • Eligibility: Commission is earned upon [Specify Triggering Event, e.g., client payment].
  • Clawback/Chargeback:
    • Option A: No clawback or chargeback provisions apply.
    • Option B: Clawbacks/Chargebacks apply for canceled or unpaid sales under these conditions: [Detailed Conditions].
  • Payment Timing: Commissions will be paid no later than 30 days after the end of the month in which they are earned, as required by Nebraska law.
• Performance Bonus:
  • Option A: No performance bonus is offered.
  • Option B: A performance bonus of [Dollar Amount or Description] is available upon achieving [Specific Goals].

4. Benefits

• The Employee is eligible for the following benefits:
  • Health Insurance: [Details of Health Insurance Plan].
  • Dental Insurance: [Details of Dental Insurance Plan].
  • Vision Insurance: [Details of Vision Insurance Plan].
  • Retirement Plan:
    • Option A: 401(k) plan with [Employer Contribution Details].
    • Option B: No retirement plan is offered.
  • Paid Time Off (PTO): [Number] days of vacation and [Number] days of sick leave per year.
  • Holidays: Paid holidays as recognized by Nebraska law and company policy.
  • Family/Medical Leave: Rights as provided under the Family and Medical Leave Act (FMLA) and Nebraska law.
  • Expense Reimbursement: Reimbursement for reasonable and necessary business expenses, including transportation, lodging, and meals, according to company policy.
  • Tools/Equipment: [List Equipment, e.g., mobile phone, laptop, company car/mileage reimbursement].
• The Employee is responsible for safeguarding all company property.

5. Training

• The Employer will provide the following training:
  • Onboarding Program: [Description of Onboarding Program].
  • Product Training: Ongoing product education will be provided.
  • Professional Development: Opportunities for professional development may be available.

6. Compliance

The Employee shall comply with all applicable laws and regulations, including anti-bribery and anti-kickback laws, ethical selling policies, and accurate marketing representations, in accordance with the Nebraska Deceptive Trade Practices Act and federal regulations.

7. Confidentiality

The Employee shall maintain strict confidentiality of customer lists, pricing, product strategies, and proprietary databases. This obligation survives termination of employment. All sales materials, records, and client information belong to the Employer.

8. Non-Solicitation

During employment and for [Number, typically not exceeding 1 year] months after termination, the Employee shall not solicit clients or employees of the Employer with whom the Employee had direct contact during the [Number] months preceding termination. This restriction applies within [Specific Geographical Area in Nebraska].

9. At-Will Employment

The employment relationship is "at will," 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 provided in this Agreement.

10. Termination

• Termination by Employee: Employee shall provide [Number] days written notice.
• Termination by Employer: Employer may terminate employment with or without cause.
  • Grounds for Immediate Dismissal: Gross misconduct, breach of confidentiality, falsification of sales documents, or commission fraud may result in immediate dismissal.
• Final Pay: Final wages and commissions will be paid within the timeframes required by Nebraska law.
• Return of Property: The Employee shall return all company property upon termination.

11. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through negotiation, followed by mediation or arbitration in [City, Nebraska]. Nebraska law governs this agreement.

12. Anti-Discrimination

The Employer is an equal opportunity employer and prohibits discrimination based on race, color, national origin, religion, sex, disability, age, marital status, or any other protected characteristic under Nebraska law.

13. Nebraska Labor Regulations

The Employer complies with all applicable Nebraska labor regulations, including wage and hour rules, minimum wage, overtime (if applicable), and timely payment of wages, in accordance with the Nebraska Wage Payment and Collection Act.

14. Occupational Safety

Employee will adhere to safe driving policies, maintain vehicle insurance, and report any work-related injuries. Employer and employee will maintain safe working conditions in accordance with Nebraska law.

15. Special Incentives

• Option A: No special sales incentive trips, awards, or recognition programs are offered.
• Option B: Special sales incentive trips, awards, or recognition programs may be offered in accordance with IRS and Nebraska income tax reporting rules.

16. External Business Activities

The Employee must notify the Employer of any external business activities, such as consulting or board positions, and obtain approval if such activities compete with the Employer’s business or create a conflict of interest.

17. Licenses and Certifications

• Option A: Not applicable.
• Option B: Employee must maintain all required licenses and certifications ([List Specific Licenses/Certifications]) and adhere to all applicable regulations.

18. Quota/Territory Adjustment

The Employer may adjust quotas, territories, or product lines with written notice to the Employee.

19. Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in effect.

20. Acknowledgement of Policies

Employee acknowledges receipt of all policies, procedures, and employee handbooks referenced in this Agreement.

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: