Oregon sales representative employment contract template
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How Oregon sales representative employment contract Differ from Other States
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Oregon law requires payment of commissions within 30 days of contract termination, which is stricter than many other states.
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Oregon statutes allow sales representatives to recover attorney fees and double damages if employers delay commission payments unlawfully.
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The definition of a sales representative and qualifying products may differ in Oregon, impacting contract validity and enforceability.
Frequently Asked Questions (FAQ)
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Q: Is a written contract mandatory for sales representatives in Oregon?
A: No, but written contracts are strongly recommended to clarify terms and comply with Oregon's statutory requirements.
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Q: When must commissions be paid after contract termination in Oregon?
A: Commissions must be paid within 30 days after contract termination unless otherwise specified in a written agreement.
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Q: Can a sales representative sue for unpaid commissions in Oregon?
A: Yes, Oregon law allows sales reps to sue for unpaid commissions and recover double damages plus attorney fees if successful.
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Oregon Sales Representative Employment Contract
This Oregon Sales Representative Employment Contract ("Agreement") is made and entered into as of [Date], by and between [Company Name], a [State] corporation with its principal place of business at [Company Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").
1. Position and Responsibilities
Employee is hired as a full-time Sales Representative for Employer in the state of Oregon.
Option A: Employee will be responsible for the following:
- Direct client engagement and relationship building in Oregon.
- Prospecting, lead qualification, and sales presentations to potential clients.
- Contract negotiation within legal boundaries.
- Pipeline management and accurate sales forecasting.
- Account maintenance and post-sales support.
- Representation at Oregon industry trade shows and events.
- Other duties as assigned.
Option B: Employee will be responsible for the following:
- Achieving pre-determined sales targets within assigned Oregon territory.
- Developing and implementing sales strategies to expand market share in Oregon.
- Collaborating with marketing to generate leads and sales opportunities.
- Providing excellent customer service and support to existing clients.
2. Qualifications and Experience
Option A:
- Required Sales-Related Experience: [Number] years of sales experience, preferably in [Industry].
- Technical Product/Service Expertise: Demonstrable knowledge of [Products/Services].
- Customer Relationship Management (CRM) Systems: Proficiency in [CRM System].
- Reporting Frequency: [Frequency] sales reports and updates.
- Territory Assignments: [Oregon Territory].
- Travel Expectations: Up to [Percentage]% travel within Oregon.
- Professional Sales Certifications/Licenses (If Required): [Certifications/Licenses].
Option B:
- Experience in B2B sales within Oregon's technology sector.
- Proven track record of exceeding sales quotas.
- Familiarity with Oregon's business landscape and key industry players.
3. Employment Status and Work Location
Employee's employment is full-time and at-will, as recognized in Oregon, except as contradicted by specific contract terms.
Option A: Work Location
- Headquarters: [Company Address]
- Branch Office: [Branch Office Address]
- Oregon-Based Remote/Field Sales. Employee's primary work location is [Employee Address].
Option B: Work Hours and Breaks
- Official Business Hours: [Start Time] to [End Time], [Days of Week].
- Flexibility/Travel Days: Subject to client and business needs.
- Meal and Rest Breaks: In compliance with Oregon BOLI regulations.
- Overtime Rules: As per Oregon wage and hour laws (if applicable).
- Tracking Hours: [Method, e.g., Timesheet, electronic system].
4. Compensation
Option A: Base Salary and Commission
- Base Salary: [Amount] per [Pay Period].
- Commission Structure:
- Calculation Method: [Detailed explanation of commission calculation].
- Payout Frequency: [Frequency].
- Performance Metrics: [Specific performance metrics used to determine commission].
- Commission Chargebacks/Clawbacks: [Detailed policy on chargebacks/clawbacks, if any].
Option B: Bonus and Expenses
- Annual Bonus Eligibility: Based on [Specific criteria], up to [Percentage]% of base salary.
- Quotas: [Specific sales quotas].
- Tiered Incentives: [Description of tiered incentives, if any].
- Reimbursement of Business Expenses:
- Mileage: Reimbursed at the IRS standard mileage rate for Oregon.
- Daily Per Diem: [Amount] for eligible travel days.
- Client Entertainment: Subject to Employer's expense policy.
- Cell Phone/Internet: [Amount] per month.
- Equipment: Employer provides [List of equipment].
5. Benefits
Option A: Employer-Paid Benefits
- Health Insurance: [Plan details].
- Dental Insurance: [Plan details].
- Vision Insurance: [Plan details].
- Life Insurance: [Policy details].
- 401(k) or Retirement Plan: [Plan details, including matching contributions].
Option B: Paid Time Off (PTO) and Holidays
- Vacation: [Number] days per year.
- Sick Leave: In compliance with Oregon's sick time law.
- Personal Days: [Number] days per year.
- Oregon Statutory Holidays: As recognized by Employer.
- Family/Sick Leave: As per Oregon Family Leave Act (OFLA).
Option C: Additional Benefits
- Sales-Specific Recognition Awards: [Description of awards].
- Learning/Development Programs: [Details of available programs].
- Sales Tools: Laptop, phone, and access to relevant software.
- Vehicle Allowance/Auto Insurance: [Details of allowance or requirements].
6. Expense Reporting and Approval
Employee must submit expense reports [Frequency] using [System/Method]. All expenses are subject to Employer's approval and must comply with Oregon tax regulations.
7. Commission Protection and Final Wages
Oregon law governs commission protection and final wages at termination. Commissions are earned when [Define when commissions are earned]. Final payment of wages and commissions will be made as required by Oregon law.
8. Confidentiality
Employee agrees to maintain the confidentiality of Employer's customer lists, proprietary pricing, sales targets, and Oregon regional market data.
9. Non-Solicitation
Employee agrees not to solicit Employer's clients or employees for [Duration] within [Geographic Area], subject to Oregon law, including ORS 653.295. Any non-compete provision must comply with Oregon law, including written disclosure before a job offer, minimum salary thresholds, limitations on duration, and exceptions for exempt administrative, executive, or professional employees.
10. Intellectual Property
Employer retains ownership of all sales materials, developed client strategies, and trade secrets used by Employee.
11. Behavioral and Performance Standards
Employee must comply with Employer's code of conduct, anti-kickback and anti-bribery policies, and all applicable federal and Oregon laws, including consumer protection and privacy laws.
12. Termination
Employee's employment is at-will.
Option A: Termination Procedures
- Voluntary Resignation: Employee must provide [Number] days' written notice.
- Disciplinary Action: Subject to Employer's progressive discipline policy.
- Performance Improvement Plans: As determined by Employer.
- Summary Dismissal: For cause, including breach of ethical sales conduct.
Option B: Final Payment
- Final payment of wages and commissions will be made as required by Oregon law.
13. Data Privacy
Employee must comply with all applicable data privacy laws, especially regarding Oregon consumer information and breach notification rules.
14. Workplace Safety
Employee must adhere to Oregon OSHA requirements for traveling/field sales staff.
15. Anti-Discrimination and Harassment
Employer is an equal opportunity employer and complies with Oregon's anti-discrimination and anti-harassment laws, including protection based on race, color, religion, sex, sexual orientation, gender identity, age, marital status, disability, or veteran status. Mandatory reporting procedures are in place, compliant with Oregon BOLI.
16. Grievance/Dispute Resolution
Any disputes will be resolved through internal procedures, mediation, or arbitration, as determined by Employer. Oregon state law and venue shall govern any legal disputes.
17. Acknowledgment of Policies
Employee acknowledges receipt of Employer's sales code of conduct, expense and travel policy, commission plan details, and Oregon-based employee handbook.
18. Required Notices
Employee acknowledges receipt of required notices under Oregon law (e.g., wage theft prevention, sick time law notices).
19. Adjustments
Employer reserves the right to adjust hours, benefit plans, or commission structures, while ensuring compliance with Oregon law.
20. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Name]
By: [Name]
Title: [Title]
____________________________
[Employee Name]