Ohio sales representative employment contract template
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How Ohio sales representative employment contract Differ from Other States
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Ohio law mandates prompt payment of commissions upon termination, with clear statutory deadlines for employers.
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In Ohio, sales representatives may recover attorney’s fees and exemplary damages for unpaid commissions, unlike some other states.
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Ohio requires written contracts for sales representatives covering commission terms, providing more protection than general agreements.
Frequently Asked Questions (FAQ)
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Q: Does Ohio require a written contract for sales representatives?
A: Yes, Ohio law requires employers to provide a written contract outlining commission rates and payment terms.
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Q: How are unpaid commissions handled when employment ends in Ohio?
A: Ohio law requires employers to pay all earned commissions within 30 days after termination of the sales representative.
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Q: Can a sales representative seek additional damages for unpaid commissions in Ohio?
A: Yes, sales representatives in Ohio may recover attorney’s fees and exemplary damages if commissions are wrongfully withheld.
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Ohio Sales Representative Employment Contract
This Ohio Sales Representative Employment Contract (the "Agreement") is made and effective as of [Effective Date, e.g., January 1, 2024] by and between:
- [Employer Full Legal Name], a [Employer Entity Type, e.g., Ohio corporation] with its principal place of business at [Employer Address] ("Employer"), and
- [Employee Full Legal Name], residing at [Employee Address] ("Employee").
1. Employment
- The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, as a Sales Representative.
2. Duties
- The Employee shall perform the following duties:
- Option A: Direct sales of Employer's products or services within the designated Ohio territory of [Specific Ohio Territory, e.g., Franklin County].
- Option B: Client acquisition and relationship management.
- Option C: Lead generation and cold calling.
- Option D: Conducting product presentations and negotiations.
- Option E: Attaining sales targets and quotas.
- Option F: Using the Employer's CRM system [CRM System Name].
- Option G: Providing regular sales reports to [Reporting Manager Name/Title].
- Option H: Developing territory plans.
- Option I: Participating in company sales meetings and training.
- Option J: Complying with ethical sales practices and company policies.
- Option K: Adhering to all relevant federal and Ohio laws regarding solicitation and fair competition, including the Ohio Deceptive Trade Practices Act.
3. Territory
- The Employee's assigned sales territory is [Specific Ohio Territory, e.g., Cuyahoga County, Northern Ohio].
- Option A: The territory is exclusive to the Employee.
- Option B: The Employer reserves the right to change or reassign the Employee's territory.
4. Employment Status
- The Employee's employment is full-time, as defined under Ohio law.
- Option A: The Employee's scheduled work hours are [Number] hours per week, from [Start Time] to [End Time], Monday through Friday. The employee is considered [Exempt or Non-Exempt] from overtime pay. If non-exempt, overtime will be paid at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek.
- Option B: The Employee is entitled to rest and meal breaks in accordance with the Ohio Minimum Fair Wage Standards Act. Specific break schedules are outlined in the employee handbook.
5. Work Location and Travel
- The Employee's primary work location is [Primary Work Location, e.g., Employer's office in Columbus, Ohio; Home-based; Hybrid].
- Option A: The Employee is expected to travel [Frequency, e.g., regularly, occasionally] within Ohio for sales activities.
- Option B: The Employee is required to maintain a valid Ohio driver's license.
- Option C: The Employer will reimburse the Employee for reasonable travel and sales expenses, in accordance with the Employer's expense reimbursement policy. All reimbursements will comply with IRS and Ohio Department of Taxation rules.
6. Compensation
- The Employee shall be compensated as follows:
- Option A: Base salary of [Dollar Amount] per year, paid [Frequency, e.g., bi-weekly].
- Option B: Commission calculated according to the commission plan attached as Exhibit A. The commission plan outlines commission rates, calculation methods, payment schedules, and quota requirements. Commissions will be paid in accordance with Ohio law.
- Option C: Bonuses may be awarded at the Employer's discretion based on performance and company profitability.
- Option D: Commission clawback and chargeback terms, if applicable, are detailed in Exhibit A.
7. Benefits
- The Employee is eligible for the following benefits:
- Option A: Health insurance, dental insurance, and vision insurance as described in the Employer's benefits plan documents.
- Option B: Enrollment in the Employer's 401(k) plan after meeting eligibility requirements.
- Option C: Paid sick leave, vacation days, and personal time off as outlined in the Employer's PTO policy. Accrued, unused PTO will be handled according to Ohio law and company policy upon termination.
- Option D: Paid holidays in accordance with the Employer's holiday schedule.
- Option E: Workers' compensation and unemployment insurance coverage as required by Ohio law.
8. At-Will Employment
- The Employee's employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to Ohio law.
- Upon termination, the Employer will provide the Employee with a final paycheck in accordance with Ohio Revised Code 4113.15.
- The Employee shall return all company property upon termination. Rehire and reemployment eligibility will be determined by the Employer.
9. Confidentiality
- The Employee agrees to hold confidential all proprietary information of the Employer, including customer lists, pricing strategies, market intelligence, internal processes, and trade secrets as defined by the Ohio Uniform Trade Secrets Act.
- This obligation continues after the termination of employment.
10. Ownership of Customer Relationships and Intellectual Property
- All customer relationships acquired or developed during employment are the property of the Employer. The Employee shall not use confidential contacts after separation from employment.
- The Employer retains exclusive ownership of all intellectual property created by the Employee during their employment, including client materials and marketing content.
11. Restrictive Covenants
- The Employee agrees to the following restrictive covenants:
- Non-Solicitation: During employment and for a period of [Number] months following termination, the Employee shall not solicit clients or employees of the Employer within [Geographic Area, e.g., the State of Ohio].
- Non-Disparagement: The Employee shall not disparage the Employer at any time.
- Non-Competition: For a period of [Number] months following termination, the Employee shall not engage in any business that competes with the Employer within [Geographic Area, e.g., specific counties in Ohio]. The parties agree that the scope and duration of this covenant are reasonable and necessary to protect the Employer's legitimate business interests, and this provision will be interpreted and enforced according to Ohio law.
12. Compliance and Ethics
- The Employee shall comply with all applicable laws and regulations, including the Ohio Deceptive Trade Practices Act, "Do Not Call" registry requirements, and anti-kickback and anti-bribery statutes.
- The Employee shall avoid conflicts of interest and report any solicitations of unlawful conduct.
13. Company Policies
- The Employee shall observe all company sales policies, safety requirements, and anti-harassment, anti-discrimination, and equal employment opportunity policies, including those protecting categories under Ohio Revised Code (e.g., race, religion, national origin, sex, age, disability).
14. Dispute Resolution
- Any disputes arising out of this Agreement shall be resolved through [Dispute Resolution Method, e.g., mediation, arbitration, litigation] in [Jurisdiction, e.g., Franklin County, Ohio].
- This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio.
15. Mandatory Reporting
- The Employee understands and agrees to comply with any mandatory reporting obligations under Ohio law that are applicable to the Employer's industry and customer base.
16. Records Retention
- The Employee will maintain accurate and complete records of all sales activities and comply with any Ohio state-specific reporting or audit requirements.
17. Training and Certification
- The Employee will participate in mandatory state and employer-provided sales training, certification requirements, and continuing education as may be relevant to regulated industries.
18. Data Privacy
- The Employee shall protect the privacy of client and consumer information in accordance with Ohio privacy statutes.
19. Tax Compliance
- The parties confirm that the Employee is classified as an employee and not an independent contractor. The Employer will withhold all applicable taxes, including Ohio income tax, local city or school district tax, Social Security, Medicare, and unemployment tax. The Employer will provide the Employee with an annual W-2 form.
20. Expense Reimbursement
- The Employee shall submit expense reports with supporting documentation within [Number] days of incurring the expense. Reimbursement will be subject to the Employer's expense reimbursement policy and Ohio wage and hour compliance regulations. Any disputes regarding unpaid expense claims will be resolved according to the Employer's policy.
21. Amendment
- The Employer may amend this Agreement and the Employee's benefits based on changes in applicable Ohio and federal law or company policy, with written notice to the Employee.
22. Severability
- If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Representative Name]
[Employer Representative Title]
Date: [Date]
____________________________
[Employee Full Legal Name]
Date: [Date]