North Dakota retail sales associate employment contract template
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How North Dakota retail sales associate employment contract Differ from Other States
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North Dakota law does not require employers to provide paid rest or meal breaks, unlike some other states with specific break mandates.
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The state prohibits non-compete agreements after employment ends, making post-employment restrictions unenforceable in most cases.
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North Dakota mandates that terminated employees must be paid all final wages by the next regular payday, unlike some states with shorter timelines.
Frequently Asked Questions (FAQ)
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Q: Are retail sales associate contracts in North Dakota required to be in writing?
A: No, they are not legally required to be in writing, but a written contract is recommended to clarify terms.
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Q: Can an employer in North Dakota include a non-compete clause in the contract?
A: Generally, North Dakota law invalidates non-compete clauses for employees, except in very limited circumstances.
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Q: When must a terminated retail sales associate receive their final paycheck in North Dakota?
A: The employer must deliver the final paycheck by the next regular scheduled payday following termination.
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North Dakota Full-Time Retail Sales Associate Employment Agreement
This North Dakota Full-Time Retail Sales Associate Employment Agreement (the "Agreement") is made and entered into as of [Date] by and between [Company Name], a [State] [Entity Type] with its principal place of business at [Company Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").
1. Position
The Employer hires the Employee as a Retail Sales Associate (Full-Time).
Option A: The primary work location will be at [Store Address] in [City], North Dakota.
Option B: The Employee may be required to work at other store locations within [Number] miles of the primary work location, as needed. Travel expenses, if any, will be reimbursed according to company policy.
The Employee will be responsible for opening and/or closing the store as scheduled and will adhere to the store's hours of operation: [Store Hours].
2. Job Responsibilities
The Employee's job responsibilities include, but are not limited to:
- Greeting and assisting customers in a friendly and professional manner.
- Restocking merchandise on the sales floor.
- Maintaining product knowledge and answering customer questions accurately.
- Operating the point-of-sale (POS) system.
- Processing cash, credit, and debit card transactions.
- Handling merchandise returns and exchanges.
- Managing receipts and balancing the cash drawer.
- Performing inventory checks.
- Adhering to store loss prevention and security protocols.
- Meeting daily/weekly sales targets.
- Ensuring accurate product labeling and pricing.
- Executing sales promotions according to store policy.
- Maintaining visual merchandising displays in accordance with company standards.
- Maintaining professional conduct in all customer interactions.
3. Reporting Structure
The Employee will report directly to [Supervisor/Manager Name], [Supervisor/Manager Title].
Issues or concerns should be escalated to [Next Level Manager Name], [Next Level Manager Title], if necessary.
4. Employment Type and Work Schedule
The employment is considered full-time.
The standard work week will consist of [Number] hours per week.
The employee’s work schedule will be [Days of the week], from [Start Time] to [End Time].
The Employee may be required to work weekend and holiday shifts on a rotational basis.
Option A: The Employee will be provided with a [Number] minute unpaid meal break for shifts exceeding [Number] hours.
Option B: The Employee will be provided with a [Number] minute paid break for shifts exceeding [Number] hours.
5. Compensation
The Employee's hourly rate will be [Dollar Amount] per hour.
The Employee is eligible for overtime pay at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over forty (40) in a workweek.
Pay periods are [Weekly/Biweekly/Monthly].
Payment will be made via [Check/Direct Deposit].
Upon termination of employment, the final paycheck will be furnished to the Employee at the next regular payday, as required by North Dakota law.
Option A: The Employee is eligible to receive a sales bonus based on [Individual/Store-Wide] sales performance, per the company bonus plan. Details of the bonus plan are outlined in the Employee Handbook.
Option B: The Employee is eligible to participate in sales incentive contests as announced by management.
6. Employee Benefits
Option A: The Employee is eligible for health, dental, and vision insurance benefits after [Number] days of employment. Details of available plans and employee contribution requirements are outlined in the benefits enrollment package.
Option B: The Employee is not eligible for health insurance benefits.
The Employee is eligible for [Number] days of paid time off (PTO) per year, accruing at a rate of [Accrual Rate] per pay period. PTO covers vacation and sick leave.
The Employer observes the following North Dakota and federal holidays: [List of Holidays].
The Employee is eligible for [Number] days of bereavement leave in the event of a death in the immediate family, as defined by company policy.
Jury duty leave will be provided in accordance with North Dakota law.
Option A: The Employee is eligible to participate in the company's 401(k) retirement plan after [Number] months of employment.
The Employee is eligible for a [Percentage]% employee discount on store merchandise.
The Employee is required to wear a uniform, which will be provided by the Employer. Specific details regarding dress code are outlined in the Employee Handbook.
7. Training
The Employee will be required to complete mandatory training, including:
- Orientation
- Product Knowledge
- Safety
- Loss Prevention
- Customer Service
Option A: Some training requires annual certification.
8. Equal Employment Opportunity and Anti-Harassment
The Employer is an Equal Opportunity Employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, public assistance status, or lawful off-duty conduct, or any other characteristic protected by North Dakota law.
The Employer maintains a strict harassment and anti-discrimination policy. Any incidents of harassment or discrimination should be reported immediately to [Reporting Mechanism/HR Contact].
9. Drug and Alcohol-Free Workplace
The Employer maintains a drug and alcohol-free workplace.
Option A: The Employee may be subject to drug testing as a condition of employment or based on reasonable suspicion. Details of the drug testing policy are outlined in the Employee Handbook.
10. Confidential Information
The Employee acknowledges that they will have access to confidential information, including customer data, store pricing, company sales strategies, and loyalty program records.
The Employee agrees not to misuse or disclose any confidential information during or after their employment.
11. Non-Solicitation
During the term of employment and for a period of [Number] months following termination, the Employee agrees not to solicit customers or employees of the Employer for the purpose of engaging in a competing business.
12. Company Property
Upon termination of employment, the Employee must return all company-owned property, including uniforms, keys, devices, and inventory.
13. Termination
The Employee may resign their employment at any time.
The Employer may terminate the Employee's employment at any time, with or without cause.
The Employer reserves the right to immediately terminate the Employee's employment for gross misconduct or theft.
Upon termination, the Employee will receive their final wages and benefits in accordance with North Dakota law. An exit interview may be conducted.
14. 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. This Agreement is not a contract for any specific period of employment, and nothing in this Agreement or the Employee Handbook should be construed as a guarantee of continued employment.
15. Workplace Health and Safety
The Employee is expected to adhere to all workplace health and safety standards, including safe lifting practices, proper handling of cleaning and retail hazardous materials, and following anti-slip protocols.
The Employee should report any workplace injuries or incidents immediately to [Reporting Mechanism/Supervisor].
Option A: The Employee will follow all COVID-19 safety protocols as outlined in store policy.
16. Workers' Compensation
The Employee is covered by workers' compensation insurance for injuries sustained on the job.
The Employee must report any work-related injuries to [Reporting Mechanism/Supervisor] immediately.
The Employer's workers' compensation insurer is [Insurance Company Name].
17. Accommodation Requests
The Employer will provide reasonable accommodations for employees with disabilities or religious beliefs, as required by the North Dakota Human Rights Act. The Employee should submit any accommodation requests to [Reporting Mechanism/HR Contact].
18. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through internal complaint resolution procedures, followed by mediation, and if necessary, arbitration, in [City], North Dakota. The exclusive jurisdiction and governing law for any legal action shall be the state of North Dakota.
19. Intellectual Property
Any intellectual property created by the Employee within the scope of their employment, including store displays or marketing materials, shall be owned by the Employer.
20. Digital Device and Systems Use
The Employee is expected to use company digital devices and systems, including the POS system and security cameras, in accordance with company policy.
The Employee must respect customer and employee privacy and comply with all company security protocols.
The Employee is prohibited from posting negative or confidential information about the store on social media.
21. Ethical Guidelines
The Employee is expected to adhere to the highest ethical standards, including prohibiting price manipulation, employee purchases during shifts (unless authorized), inappropriate discounts, or unauthorized markdowns.
22. Employee Handbook
The Employee acknowledges receipt of the most current Employee Handbook and agrees to comply with all policies and procedures outlined therein, as updated from time to time.
23. Modification
The Employer may adjust the Employee's work schedule, benefits, or location within a reasonable geographic area with proper notice.
24. Recordkeeping and Discipline
The Employee is responsible for maintaining accurate records, including clock-in/out times, sales logs, and inventory checklists.
25. Severability, Entire Agreement, and Modification
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. 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. No modification of this Agreement shall be binding unless in writing and signed by both parties.
26. Acknowledgements
The Employee acknowledges that they have carefully read and understand this Agreement, including the at-will employment provision, the compensation and benefits details, and all other terms and conditions. The Employee confirms that they are entering into this Agreement voluntarily and without coercion. The Employer acknowledges that they are responsible for complying with all applicable North Dakota and federal employment laws.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Name]
[Employer Title]
____________________________
[Employee Name]
[Employee Signature]