New Hampshire retail sales associate employment contract template

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How New Hampshire retail sales associate employment contract Differ from Other States

  1. New Hampshire does not require a written employment contract for retail sales associates, but a written agreement is recommended for clarity.

  2. State law prohibits retaliation against employees who report labor law violations, providing broader protections compared to some states.

  3. New Hampshire has unique rules regarding tip pooling and minimum wage compliance that must be addressed in employment contracts.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for retail sales associates in New Hampshire?

    A: No, it is not legally required, but having one is advisable to ensure clear expectations between employer and employee.

  • Q: Are non-compete clauses enforceable in New Hampshire retail sales associate contracts?

    A: Non-compete clauses are enforceable with reasonable limitations, but must protect legitimate business interests and not be overly restrictive.

  • Q: What wage and hour laws apply to New Hampshire retail sales associates?

    A: The state minimum wage matches the federal rate. Overtime, meal breaks, and rest period requirements must also be followed.

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New Hampshire Retail Sales Associate Employment Contract

This New Hampshire Retail Sales Associate Employment Contract (the "Agreement") is made and entered into as of this [Date] by and between:

  • [Employer Legal Name], a [State] [Entity Type, e.g., Corporation], with a principal place of business at [Employer Address] ("Employer"), and
  • [Employee Legal Name], residing at [Employee Address] ("Employee").

1. Position and Responsibilities

  • The Employer hires the Employee as a Retail Sales Associate.
  • Responsibilities include, but are not limited to:
    • Option A: Greeting and assisting customers in a friendly and helpful manner.
    • Option B: Operating the point-of-sale (POS) system and processing transactions.
    • Option C: Handling cash and credit card transactions in compliance with payment card industry standards.
    • Option D: Restocking shelves and maintaining inventory levels.
    • Option E: Executing inventory checks and reporting discrepancies.
    • Option F: Merchandising products and creating attractive displays.
    • Option G: Maintaining store cleanliness and organization.
    • Option H: Tracking loss prevention and shrinkage, and reporting suspicious activity.
    • Option I: Participating in store promotional activities and events.
    • Option J: Maintaining product knowledge and answering customer questions.
    • Option K: Meeting customer service and store sales targets as defined by the Employer.
  • The role requires:
    • Option A: Standing for extended periods of time.
    • Option B: Lifting up to [Weight] pounds.
    • Option C: Wearing a company-provided uniform.
    • Option D: Using store communication tools, such as intercoms or radios.

2. Employment Status and Schedule

  • The Employee is hired as a full-time employee.
  • Option A: The Employee's regular work schedule will be [Number] hours per week.
  • Option B: The Employee's regular work schedule will be: [Days of the Week], from [Start Time] to [End Time].
  • Option C: The Employee may be required to work rotating shifts, including weekends and holidays.
  • Option D: The employee will have a minimum consecutive rest period of [Number] hours between shifts.
  • Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over 40 in a workweek, in accordance with New Hampshire law.
  • Option A: The Employee will use a time clock to record their hours worked.
  • Option B: The Employee will use a manual timesheet to record their hours worked.
  • The employee will clock in and out for all shifts and meal breaks.

3. Breaks and Rest Periods

  • While New Hampshire does not generally require meal or rest breaks for adults, the Employer's policy is as follows:
    • Option A: The Employee will be entitled to a [Number]-minute unpaid meal break during shifts exceeding [Number] hours.
    • Option B: The Employee will be entitled to a [Number]-minute paid rest break during shifts exceeding [Number] hours.
    • Option C: No scheduled breaks are provided, but the employee is allowed to take short, unscheduled breaks as workload permits, with the manager's approval.
  • If the employee is under 18 years old, the employee will receive a 30-minute break after 5 consecutive hours of work, as required by law.

4. Compensation and Benefits

  • The Employee's base hourly wage will be [Dollar Amount] per hour.
  • Option A: The Employee's base annual salary will be [Dollar Amount].
  • The Employee will be paid [Pay Frequency, e.g., weekly, bi-weekly].
  • Option A: The Employee is eligible for overtime pay as described above.
  • Option B: The Employee is eligible for a commission based on [Commission Structure].
  • Option C: The Employee is eligible for a sales bonus based on [Bonus Structure].
  • The Employee is eligible for a store discount of [Discount Percentage].
  • The Employer will comply with all applicable New Hampshire minimum wage laws.
  • Benefits:
    • Option A: The Employee is eligible for medical, dental, and vision insurance after [Waiting Period].
    • Option B: The Employee is eligible to participate in the company's 401(k) plan after [Waiting Period].
    • Option C: The Employee is eligible for [Number] days of paid time off (PTO) per year, which includes vacation, sick leave, and personal time.
    • Option D: The Employee is eligible for [Number] paid holidays per year.
    • Option E: The Employee is eligible for jury duty leave as required by New Hampshire law.
    • Option F: The Employee is eligible for bereavement leave in accordance with company policy.
    • Option G: The Employee is eligible for parental leave in accordance with applicable state and federal law.
    • Option H: The Employee is eligible for military leave in accordance with applicable state and federal law.
    • Option I: The Employee is eligible for unpaid leave in accordance with applicable state and federal law.
    • Option J: The Employee is eligible for Employee Assistance Program (EAP) benefits.

5. Workplace Conduct

  • The Employee will adhere to the Employer's dress code and grooming standards, as outlined in the Employee Handbook.
  • The Employee is expected to be punctual and maintain satisfactory attendance.
  • The Employee will communicate professionally and respectfully with customers and colleagues.
  • The Employee will use company equipment, including POS systems and cash drawers, responsibly and in accordance with company policy.
  • The Employee will adhere to all anti-theft, loss prevention, and shoplifting response protocols.
  • The Employee will comply with all store safety policies, including adherence to New Hampshire-specific retail safety requirements.
  • Option A: The Employee is required to participate in store-provided training programs, including customer service, safety, sales, and product knowledge training.
  • The Employee will be evaluated based on performance reviews conducted [Frequency, e.g., annually, bi-annually].

6. Confidentiality

  • The Employee will maintain the confidentiality of customer information, including payment information and loyalty program data.
  • The Employee will maintain the confidentiality of store operating procedures, inventory levels, and promotional strategies.
  • The Employee will adhere to the Employer's social media policy.
    • Option A: Employee shall not post confidential information about the employer or its customers on social media.
    • Option B: Employee is prohibited from using social media while clocked in or during work hours, unless specifically authorized by a manager.

7. At-Will Employment and Termination

  • The Employee's employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause, subject to applicable law.
  • Option A: The Employer requires [Number] days' written notice of resignation.
  • Upon termination, the Employee will receive their final paycheck within 72 hours if the employee is discharged. If the employee resigns, they will receive their final paycheck on the next regular payday, in accordance with New Hampshire law.
  • Accrued but unused paid time off will be paid out upon termination if documented company policy allows.
  • The Employee will return all store uniforms, keys, and equipment to the Employer upon termination.
  • Final commission or bonus calculations will be made in accordance with company policy.
  • Post-termination use of employee discounts is prohibited.

8. Non-Solicitation

  • Option A: During and for a period of [Number] months following termination of employment, the Employee will not solicit the Employer's customers for the purpose of providing services similar to those offered by the Employer.
  • Option B: During and for a period of [Number] months following termination of employment, the Employee will not solicit other employees of the Employer to leave their employment.

9. Non-Discrimination

  • The Employer is an equal opportunity employer and does not discriminate based on race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other protected class under applicable law.
  • The Employer maintains a strict anti-harassment and anti-retaliation policy. Employees are encouraged to report any incidents of harassment or discrimination to [Designated Contact Person or Department].

10. Compliance with Laws

  • The Employer will comply with all applicable New Hampshire and federal laws, including wage and hour laws, workplace safety regulations, and employment security requirements.
  • The Employer maintains required posters and notices as required by New Hampshire Employment Security and Department of Labor.

11. Workers' Compensation

  • The Employee is covered by the Employer's workers' compensation insurance policy in accordance with New Hampshire law.
  • The Employee will report any workplace injuries or accidents to [Designated Contact Person or Department] immediately.
  • The Employee will adhere to all ergonomic and workplace safety policies specific to the retail environment.

12. Background Checks and Eligibility to Work

  • Option A: Employment is contingent upon successful completion of a background check and reference checks.
  • The Employee must provide documentation establishing their eligibility to work in the United States, as required by the I-9 form.
  • The Employer will maintain the privacy and security of the Employee's personal information.

13. Employee Feedback and Recognition

  • The Employer encourages employee feedback and suggestions.
  • Option A: The Employer has an employee suggestion program.
  • Option B: The Employer provides employee recognition and incentive programs.

14. Modification and Severability

  • This Agreement may be modified or amended only in writing and signed by both parties.
  • If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Entire Agreement

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

16. Governing Law and Venue

  • This Agreement will be governed by and construed in accordance with the laws of the State of New Hampshire.
  • Any disputes arising out of or relating to this Agreement will be resolved in the state or federal courts located in [County] County, New Hampshire.
  • Option A: The parties agree to attempt to resolve any disputes through internal resolution process before pursuing legal action.
  • Option B: The parties agree to attempt to resolve any disputes through mediation before pursuing legal action.
  • Option C: Any dispute arising under this Agreement will be resolved by binding arbitration in [City, State] in accordance with the rules of the American Arbitration Association.

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]

Employee Signature: ____________________________

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