South Carolina retail sales associate employment contract template
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How South Carolina retail sales associate employment contract Differ from Other States
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South Carolina follows an 'at-will' employment doctrine, allowing employers or employees to end employment at any time without cause.
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State law does not require paid meal or rest breaks for retail sales associates, unlike certain other states with mandated breaks.
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South Carolina enforces specific laws regarding final wage payment, requiring employers to pay all due wages within 48 hours or by the next regular payday.
Frequently Asked Questions (FAQ)
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Q: Is a written contract required for retail sales associates in South Carolina?
A: No, a written employment contract is not legally required, but having one is beneficial for clarity and legal protection.
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Q: What is the minimum wage for retail sales associates in South Carolina?
A: South Carolina follows the federal minimum wage, currently $7.25 per hour, as it does not set a separate state minimum.
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Q: Can employers include non-compete clauses in South Carolina retail employment contracts?
A: Yes, but non-compete clauses must be reasonable in scope, time, and geography to be enforceable under state law.
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South Carolina Retail Sales Associate Employment Contract
This South Carolina Retail Sales Associate Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Company Legal Name], a [State of Incorporation] corporation with its principal place of business at [Company Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").
- WHEREAS, Employer desires to employ Employee as a Retail Sales Associate; and
- WHEREAS, Employee desires to be employed by Employer in such capacity;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Employment
- Employer hereby employs Employee as a full-time Retail Sales Associate, and Employee hereby accepts such employment.
- The Employee’s primary work location will be at the Employer’s retail store located at [Store Address, City, SC]. Employee may be required to work at other store locations within [County] County, South Carolina as needed.
- Option A: The employee will work at the following locations:
- [Store Address, City, SC]
- [Store Address, City, SC]
- Option B: The Employee may be required to work at other locations as business dictates.
- Employee will be notified in advance whenever possible.
- Mileage reimbursement will be provided according to company policy.
2. Job Duties
- Employee's duties shall include, but not be limited to:
- Assisting and engaging with customers in a friendly and professional manner.
- Providing expert product knowledge to customers.
- Processing point-of-sale (POS) transactions, including handling cash, credit/debit cards, and returns accurately.
- Stocking and organizing merchandise on sales floor and in backroom.
- Maintaining store cleanliness and appearance.
- Adhering to loss prevention procedures and policies.
- Following store merchandising standards.
- Participating in store meetings and training sessions.
- Implementing promotional and marketing initiatives.
- Representing the company’s service values in all daily interactions.
- Handling sales tax as required by South Carolina regulations, including exemptions and refunds.
- Adhering to all company policies and procedures.
- Option A: Employee will be responsible for training new hires on POS systems.
- Option B: Employee will be assigned keyholder responsibilities.
- This includes opening/closing the store according to procedures.
3. Employment Status and Work Schedule
- Employee's employment is full-time, defined as [Number] hours per week.
- Employee's standard work schedule will be [Days of the week], from [Start Time] to [End Time]. This may include evenings, weekends, and holidays.
- While South Carolina law does not mandate meal or rest breaks, the company provides a [Length of time] unpaid meal break and [Number] paid [Length of time] rest breaks during each shift.
- Option A: Employee’s schedule may be subject to change based on business needs, with reasonable notice provided.
- Employee must provide [Number] days advance notice for any schedule requests.
- Option B: Employee may be required to work overtime, as needed, with prior approval from management.
4. Supervision
- Employee will report directly to [Supervisor's Title], [Supervisor's Name].
- Employee is expected to participate in teamwork and collaborative projects.
- Performance will be reviewed regularly via formal performance reviews and regular check-ins.
- Option A: Employee will assist in training and mentoring new hires.
- Option B: Escalation of issues should follow the following chain: Supervisor, Store Manager, District Manager.
5. Compensation
- Employer shall pay Employee a base hourly rate of [Dollar Amount] per hour.
- Employee will be paid [Frequency of Payment, e.g., bi-weekly].
- 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 forty (40) in a workweek, in accordance with the Fair Labor Standards Act (FLSA).
- Option A: Employee is eligible for a commission based on [Commission Structure].
- Commissions will be calculated and paid [Frequency of Payment, e.g., monthly].
- Employee must accurately report all sales and reconcile them for commission calculation.
- Option B: Employee is eligible for a bonus based on [Bonus Structure].
- Bonuses will be calculated and paid [Frequency of Payment, e.g., quarterly].
6. Benefits
- Employee may be eligible for certain benefits, including:
- Health Insurance (if offered)
- Dental Insurance (if offered)
- Vision Insurance (if offered)
- 401(k) or Retirement Benefits (if offered)
- Paid Holidays: [List of Holidays]
- Paid Time Off (PTO): [Number] days per year, accrued according to company policy.
- Sick Leave: [Details of Sick Leave Policy].
- Employee Discounts: [Details of Employee Discount Policy].
- Option A: The Employer will provide a uniform at no cost to the employee.
- Option B: Paid breaks will be provided according to company policy.
7. Workplace Safety
- Employer is committed to providing a safe workplace in accordance with OSHA standards.
- Employee will receive safety training on retail-specific risks, including shoplifting, cash handling, and slips/falls.
- Employee must immediately report any on-the-job injuries or accidents to [Designated Person] in accordance with South Carolina workers' compensation law.
- Emergency procedures are outlined in the company's safety manual.
- Option A: Employee is required to complete annual safety training.
- Option B: Specific safety protocols for handling hazardous materials are outlined in Addendum A.
8. Confidentiality
- Employee shall maintain the confidentiality of customer data, payment information, company pricing strategies, inventory data, and promotional information.
- Employee shall not disclose proprietary information to any third party.
- Employee must immediately report any suspected data breaches or theft to [Designated Person].
- Option A: A separate confidentiality agreement is attached as Exhibit A.
- Option B: Employee will be trained on data protection and privacy regulations.
9. Returns, Refunds, and Exchanges
- Employee shall handle returns, refunds, and exchanges in accordance with company policy and South Carolina consumer protection law, specifically referencing South Carolina’s Consumer Protection Code.
- Employee must adhere to procedures for accepting coupons and processing price adjustments.
- Employee is responsible for verifying the validity of returns and preventing fraudulent activity.
- Option A: All returns over [Dollar amount] require manager approval.
- Option B: Specific guidelines for handling damaged merchandise are outlined in the employee handbook.
10. Behavioral Standards
- Employee must maintain excellent attendance and punctuality.
- Employee must adhere to the company’s dress code/uniform requirements.
- Employee must maintain professional and respectful conduct with customers and co-workers.
- Employer has a zero-tolerance policy for theft, substance abuse, workplace harassment, and discrimination.
- Employee must comply with the company’s loss prevention policy.
- Employee must follow established procedures for conflict resolution with customers and colleagues.
- Option A: The employee is required to attend customer service training.
- Option B: Employee will be subject to performance-based reviews which incorporate feedback from customer surveys.
11. At-Will Employment
- Employee's employment is at-will, meaning that either Employer or Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable anti-discrimination and wrongful termination laws.
- If Employee voluntarily resigns, Employee is required to provide [Number] weeks’ written notice to Employer.
- Upon termination of employment, Employee must return all company property, including store keys, uniforms, and documents.
- Final payment of wages will be made within 48 hours or by the next regular payday, as required by South Carolina law.
- Option A: Involuntary termination will follow company disciplinary procedures.
- Option B: Eligibility for rehire will be determined on a case-by-case basis.
12. Background Checks and Eligibility
- Employment is contingent upon successful completion of a background check and drug screening, if required by Employer.
- Employee must be legally eligible to work in the United States and comply with the South Carolina Illegal Immigration and Reform Act (requiring E-Verify for private employers).
- Option A: Employee will be required to provide documentation of eligibility to work in the United States.
- Option B: Employer reserves the right to conduct periodic background checks during the course of employment, to the extent permitted by law.
13. Equal Opportunity and Non-Discrimination
- Employer is an equal opportunity employer and complies with all state and federal laws regarding non-discrimination, including those prohibiting discrimination based on race, color, national origin, religion, sex, age, disability, or any other protected category.
- Employer prohibits harassment and retaliation of any kind.
- Employee should report any incidents of discrimination or harassment to [Designated Person].
- Option A: The employee is required to participate in diversity and inclusion training.
- Option B: A copy of the company's non-discrimination policy is available in the employee handbook.
14. Dispute Resolution
- Any disputes arising out of or relating to this Agreement shall be resolved first through internal grievance procedures.
- If internal procedures fail, the parties agree to attempt mediation.
- If mediation is unsuccessful, any legal action shall be brought in the courts of [County] County, South Carolina, and shall be governed by the laws of the State of South Carolina.
- Option A: All disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.
- Option B: Employee agrees to waive their right to a jury trial.
15. Outside Employment and Conflicts of Interest
- Employee shall not engage in outside employment or activities that create a conflict of interest with Employer.
- Employee shall not work for a competing business during the term of their employment with Employer.
- Option A: Employee is required to disclose any outside employment to Employer.
- Option B: Employee may not solicit Employer's customers or employees for other businesses during their employment.
16. Non-Solicitation/Non-Disclosure
- Employee acknowledges that non-compete agreements are generally unenforceable in South Carolina for retail roles, but the Employer reserves the right to enforce them in limited, legally compliant circumstances related to protection of trade secrets and customer relationships.
- Employee agrees not to solicit Employer’s employees or customers for a period of [Number] months following termination of employment.
- Employee agrees to maintain the confidentiality of Employer’s trade secrets and proprietary information indefinitely.
- Option A: A separate Non-Solicitation and Non-Disclosure Agreement is attached as Exhibit B.
- Option B: Employee acknowledges that violation of these covenants may result in legal action.
17. Employee Acknowledgment
- Employee acknowledges receipt of the following:
- Employee Handbook
- Safety Manual
- Training Materials
- "Right to Work" Posters (South Carolina Law)
- Employee agrees to comply with all policies contained in the above materials.
- Option A: Employee acknowledges completion of all required training modules.
- Option B: Employee agrees to participate in ongoing training programs.
18. Required Notices and Postings
- Employer will display all required notices and postings under South Carolina law, including:
- South Carolina Labor Law Posters (wage notices, workers' compensation information, unemployment insurance)
- Employee rights to report wage and hour violations or workplace safety issues without retaliation.
- OSHA workplace safety posters.
- Option A: All posters are located in the employee break room.
- Option B: Digital versions of these notices are available on the company intranet.
19. Retail Industry-Specific Training
- Employee may be required to complete retail industry-specific training, such as loss prevention certification, POS operation, or customer service standards.
- Completion of such training may be a condition of continued employment or advancement.
- Option A: All required training must be completed within [Number] days of hire.
- Option B: Certification in [Specific Certification] is required for promotion to [Position].
20. Schedule Changes and Availability
- Employee’s schedule may be subject to change based on business needs.
- Employee must provide reasonable notice for any schedule requests.
- Employer will comply with any applicable predictive scheduling laws (if enacted in the future) or company policy.
- Option A: Employee must maintain flexible availability, including evenings, weekends, and holidays.
- Option B: Employee is required to be available on-call during peak seasons.
21. Promotional Opportunities and Internal Transfers
- Employee may be eligible for promotional opportunities and internal transfers based on performance and qualifications.
- Information on available positions will be posted internally.
- Option A: Employee can discuss career development opportunities with their supervisor.
- Option B: A formal internal application process is required for all open positions.
22. Workplace Injuries and Accidents
- In the event of a sales-floor injury or accident, Employee must follow company procedures for reporting the incident and seeking medical attention.
- Employee is entitled to workers’ compensation benefits under South Carolina law.
- Option A: Employee will be provided with information on workers' compensation benefits upon hire.
- Option B: Employer will provide assistance in filing a workers' compensation claim.
23. Contact Information Updates
- Employee is responsible for keeping their contact information and emergency contact information up to date with Employer.
- Changes should be reported to [Designated Person] immediately.
- Option A: Updates can be made through the company’s HR portal.
- Option B: It is the employee’s responsibility to notify the company of any changes in address or phone number.
24. Policy Changes
- Employer reserves the right to change company policies and procedures at any time.
- Employee will be notified of any changes in writing or electronically.
- Continued employment constitutes acceptance of any changes to company policies.
- Option A: Policy changes will be posted on the company intranet.
- Option B: Employee will receive a revised employee handbook reflecting any policy changes.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Representative Name], [Employer Representative Title]
[Company Legal Name]
____________________________
[Employee Full Legal Name]
Employee Signature: ____________________________
Date: ____________________________