Texas retail sales associate employment contract template
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How Texas retail sales associate employment contract Differ from Other States
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Texas is an at-will employment state, allowing either employer or employee to terminate the agreement at any time without cause.
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Texas state law has specific minimum wage and overtime requirements that may differ from other states’ regulations.
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Texas restricts the enforceability of non-compete clauses, requiring strict compliance with state statutes to be valid.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for retail sales associates in Texas?
A: No, Texas does not require a written contract, but having one clarifies employment terms and protects both parties.
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Q: Can Texas retail sales associates be terminated without notice?
A: Yes, due to Texas’s at-will employment laws, either party can end employment at any time, with or without notice.
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Q: Do Texas employment contracts require special non-compete language?
A: Yes, Texas law requires non-compete clauses to be reasonable in time, geography, and scope to be enforceable.
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Texas Retail Sales Associate Employment Agreement
This Texas Retail Sales Associate Employment Agreement (the “Agreement”) is made and entered into as of [Date] by and between [Company Legal Name], a business registered in the State of Texas with its principal place of business at [Company Address], hereinafter referred to as “Employer,” and [Employee Legal Name], residing at [Employee Address], hereinafter referred to as “Employee.”
1. Job Title and Description
- The Employer hires the Employee as a Retail Sales Associate.
- Option A: Full-time Retail Sales Associate
- Option B: Part-time Retail Sales Associate
- The Employee's duties include:
- Providing in-person customer service and assistance.
- Maintaining product knowledge and informing customers about product features and benefits.
- Stocking merchandise and ensuring products are displayed attractively.
- Operating the point-of-sale (POS) system for transactions.
- Managing inventory levels and reporting discrepancies.
- Pricing products accurately and maintaining price displays.
- Setting up and maintaining displays according to company guidelines.
- Adhering to loss prevention procedures to minimize theft and shrinkage.
- Handling returns and exchanges in compliance with store policy and Texas law.
- Cleaning and organizing the sales floor and backroom areas.
- Attending required training programs, including those related to alcohol or tobacco sales (if applicable in Texas).
- Upselling and cross-selling products to increase sales.
- Complying with the company's appearance, dress code, or uniform policies.
2. Skills and Requirements
- The Employee must possess the following skills:
- Excellent customer service and communication skills.
- Ability to stand for extended periods.
- Ability to lift up to [Weight Limit] pounds.
- Basic math and computer skills.
- Cash handling accuracy.
- Option A: Bilingual skills (English/ [Language]) if required for the store location.
- The Employee must comply with all Texas workplace safety standards.
3. Supervision and Reporting
- The Employee will report directly to [Supervisor Name], whose job title is [Supervisor Title].
- The Employee is required to attend all scheduled meetings, including team meetings, shift briefings, and training sessions.
4. Attendance and Scheduling
- The Employee's attendance is essential for the operation of the store.
- The Employee will be scheduled according to the store's needs, which may include:
- Daily work hours: [Start Time] to [End Time].
- Sliding shift schedules.
- Evenings, weekends, and public/retail holidays.
- Requests for shift changes or swaps must be submitted to [Department/Person] [Number] days in advance, and are subject to approval.
- The Employer complies with Texas-specific meal and rest break norms.
- Option A: Employees are entitled to a [Time] minute unpaid meal break for shifts exceeding [Time] hours.
- Option B: Rest breaks will be provided at the discretion of the Employer.
- Note: Texas law allows for employer discretion on meal and rest breaks unless the employee is under 18.
5. Employment Status and Hours
- The Employee's employment status is:
- Option A: Full-time, with an expected average of [Number] hours per week.
- Option B: Part-time, with an expected average of [Number] hours per week.
6. Compensation
- The Employer will pay the Employee at the rate of:
- Option A: [Dollar Amount] per hour.
- Option B: [Dollar Amount] per year, payable [Frequency].
- The Employee is eligible for overtime pay at a rate of 1.5 times their regular hourly rate for hours worked over 40 in a workweek, as required by Texas and federal law.
- The Employee will be paid by:
- Option A: Check.
- Option B: Direct deposit.
- Pay cycles are [Frequency].
- Option A: Commission, incentive, or sales bonus plans are outlined in [Document Name].
- Option B: There are no commissions, incentives, or sales bonuses associated with this position.
- The Employer complies with Texas statutory minimum wage and tip pooling regulations (if applicable).
7. Employee Benefits
- The Employee is eligible for the following benefits after meeting eligibility requirements:
- Option A: Health, dental, and vision insurance plans as described in the employee handbook.
- Option B: Eligibility for 401(k) or Texas-compliant retirement savings plan.
- Paid time off (PTO), sick leave, and vacation policy, as outlined in the employee handbook.
- Jury duty and bereavement leave will be granted in accordance with company policy and Texas law.
- The Employer's policy on Texas state and federal holidays is described in the employee handbook.
- The Employee is eligible for unemployment and workers’ compensation programs as per Texas law.
8. Training
- The Employee will participate in store-specific training programs, including:
- Safety procedures.
- Anti-theft procedures.
- Emergency procedures customized for Texas (e.g., active shooter or weather-related evacuation rules).
9. Workplace Safety
- The Employer complies with Texas Occupational Safety and Health Standards.
- The Employee must report any workplace injuries immediately to [Department/Person] and follow the process for workers' compensation claims in Texas.
10. Cash Handling and Inventory
- The Employee is responsible for correcting cash shortages, inventory discrepancies, or damage to store property, in accordance with company policy and Texas law regarding wage deductions.
- Any wage deductions require written employee authorization unless otherwise permitted by law.
11. Confidentiality
- The Employee must maintain strict confidentiality regarding:
- Customer information.
- Store pricing.
- Promotions not yet released.
- Store operational procedures.
- Proprietary sales data.
12. Compliance with Laws and Regulations
- The Employee must comply with all store and Texas liquor or tobacco sales regulations, including checking customer identification.
13. Code of Conduct
- The Employer has a zero-tolerance policy for:
- Theft.
- Fraud.
- Harassment.
- Workplace violence.
- Either party may terminate the employment relationship at any time for any legal reason, without notice, subject to Texas employment-at-will doctrine.
- The Employer's internal discipline and grievance procedures are outlined in the employee handbook.
14. Termination
- Upon termination, the Employee must return all company property immediately.
- The Employee's final paycheck will be provided within six calendar days of discharge or on the next regular payday after resignation, in accordance with Texas statutes.
15. Anti-Discrimination and Equal Opportunity
- The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, disability, religion, sex, national origin, age, or any other category protected by Texas Labor Code (Chapter 21) and federal law, including any additional local ordinances in the store’s city.
16. Secondary Employment
- Option A: The Employee is permitted to engage in secondary employment, provided it does not interfere with their duties to the Employer.
- Option B: The Employee must disclose any secondary employment to the Employer.
- Working for competitors:
- Option A: Is prohibited.
- Option B: Is permitted, subject to the Employer's legitimate business interests and compliance with Texas Business and Commerce Code requirements regarding non-compete agreements.
17. Use of Employer Devices and Social Media
- The Employee must adhere to the Employer's policies regarding the use of employer-provided devices or POS systems.
- The Employee must refrain from making inappropriate social media commentary about the Employer.
- Photography or videotaping inside the store is prohibited without authorization.
18. Handling Cash and Store Property
- The Employee must comply with store-specific requirements for handling cash, valuables, and store keys.
- Upon termination, the Employee must return all store keys and other company property.
19. Loss Prevention and Customer Service
- The Employee must participate in mandatory loss prevention and customer service training.
20. Dispute Resolution
- Any disputes arising from this Agreement will be resolved first through internal complaint/HR processes.
- If unresolved, disputes may be submitted to mediation or arbitration in accordance with Texas law.
- This Agreement is governed by the laws of the State of Texas.
- Venue and jurisdiction for any legal proceedings shall be in [County/City], Texas.
21. Child Labor Laws (if applicable)
- If the Employee is under 18, the Employer will comply with all applicable Texas child labor laws and limitations.
22. Acknowledgement of Policies and Manuals
- The Employee acknowledges receipt and understanding of the employee handbook, store safety/policy manuals, and agrees to updates as required by Texas law.
23. Personal Property
- The Employer is not responsible for loss or theft of the Employee's personal property brought to work.
- The Employer's policy on locker use is outlined in the employee handbook.
24. Authorization to Work
- The Employee affirms that their authorization to work in the U.S. is current.
- The Employee will provide documentation for I-9 verification in compliance with Texas and federal law.
25. Background Checks and Drug Testing
- Option A: The Employee consents to background checks, drug testing policies, or security screenings, as consistent with Texas law.
- Option B: No background checks, drug testing policies, or security screenings will be conducted.
26. Health and Safety
- The Employee will adhere to health and safety policies for communicable diseases (e.g., COVID-19, flu), cleaning protocols, and PPE/face covering requirements as they apply in Texas at the time.
27. Accommodation
- The Employer will provide reasonable accommodations for disability or religious needs in accordance with applicable Texas and federal law.
This Agreement is adjustable and customizable according to the specific store, location, and business policy within the framework of Texas retail and employment law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Employer:
[Company Legal Name]
By: [Name of Authorized Representative]
Title: [Title of Authorized Representative]
Employee:
[Employee Legal Name]
Signature: ____________________________
Date: ____________________________