Utah retail sales associate employment contract template

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How Utah retail sales associate employment contract Differ from Other States

  1. Utah is an at-will employment state, which allows employers or employees to terminate employment at any time without cause, subject to contract terms.

  2. Utah has specific limitations regarding non-compete clauses, particularly for employees making less than a certain wage threshold.

  3. Employers in Utah must comply with state-specific wage payment laws, including timing and methods of final paycheck delivery.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for retail sales associates in Utah?

    A: No, written contracts are not legally required, but having one clearly outlines each party’s rights and responsibilities.

  • Q: Can a Utah retail sales associate be fired without notice?

    A: Yes. Utah is an at-will employment state, allowing termination without notice unless otherwise specified in the contract.

  • Q: Are non-compete agreements enforceable for retail workers in Utah?

    A: Non-compete clauses have limited enforceability in Utah, especially for lower-wage retail employees. Legal advice is recommended.

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Utah Retail Sales Associate Employment Contract

This Utah Retail Sales Associate Employment Contract ("Agreement") is made and entered into as of [Date] by and between [Employer Legal Name], a [State of Incorporation] corporation with a principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

1. Employment

  • Option A: Employer hereby employs Employee, and Employee hereby accepts employment with Employer, as a Retail Sales Associate.
  • Option B: Employer intends to hire Employee, and Employee wants to work for Employer, as a Retail Sales Associate.

2. Job Duties

  • The Employee's primary responsibilities as a Retail Sales Associate shall include, but are not limited to:
    • Greeting and assisting customers in a friendly and professional manner.
    • Providing product knowledge and upselling related products.
    • Operating the point-of-sale (POS) system, including cash handling, credit card processing, and gift card transactions.
    • Processing returns and exchanges in accordance with company policy and Utah retail regulations.
    • Restocking merchandise and maintaining inventory levels.
    • Maintaining store cleanliness and organization.
    • Creating attractive merchandising displays.
    • Adhering to loss prevention procedures, including shoplifting and damage protocols, consistent with Utah loss prevention standards.
    • Participating in sales promotions and store events.

3. Workplace Standards

  • The Employee agrees to adhere to the following workplace standards:
    • Following the Employer's dress code.
    • Maintaining punctuality and adhering to the assigned shift schedule.
    • Working effectively as part of a team.
    • Reporting customer complaints and concerns to management.
    • Adhering to health and safety standards as required by Utah OSHA.
    • Complying with store-specific policies, including those related to mobile device use and employee discounts.

4. Work Location

  • Option A: The Employee's primary work location shall be at [Store Address], located at [Retail Address], including if applicable, [Mall Name/Unit Number].
  • Option B: The Employee may be required to work at other locations within [City, Utah] as needed.
  • Option C: Employee acknowledges and agrees to be transferred between store locations as required by Employer.

5. Employment Type & Work Schedule

  • The Employee's employment is full-time, with a minimum of 35-40 hours per week.
    • The Employee's scheduled shifts will be determined by the Employer.
    • Overtime work may be required from time to time and will be compensated in accordance with applicable law.
    • Shift changes may occur voluntarily or involuntarily.
    • Option A: The Employee may be required to be on-call.
    • The Employee is responsible for accurately recording their work hours using the Employer's timekeeping system.

6. Meal and Rest Breaks

  • The Employee is entitled to meal and rest breaks as follows:
    • A 30-minute unpaid meal break for shifts exceeding 5 hours.
    • Reasonable rest breaks during the workday.
    • Additional store policies regarding breaks: [Specify additional store policies].

7. Compensation

  • The Employee's compensation shall be as follows:
    • Hourly wage of [Dollar Amount] per hour.
    • Overtime pay at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek.
    • Option A: Eligibility for sales incentives or commissions as outlined in the Sales Incentive Plan.
    • Performance reviews and potential wage increases will be conducted periodically.
    • Pay frequency: [Biweekly or Semimonthly].
    • Option A: Direct deposit is available.
    • Permissible paycheck deductions: [Specify deductions, e.g., taxes, insurance premiums, with Employee's written consent for any deductions other than legally required ones].

8. Benefits

  • The Employee may be eligible for the following benefits:
    • Healthcare plan eligibility: [Eligibility details].
    • Dental and vision insurance: [Eligibility details].
    • Option A: Short-term disability insurance.
    • Paid time off (vacation, sick leave, and Utah/federal holidays): [PTO policy details].
    • Leave of absence options: [Details regarding leave of absence policies].
    • Retail employee discounts: [Discount terms].
    • Option A: Attendance awards.
    • Option A: Uniform or clothing allowance: [Allowance details].
    • Option A: Retirement plan or SIMPLE IRA: [Plan details].
    • Voluntary vs. Mandatory Benefits: [Clarify which benefits are voluntary vs. mandatory].

9. Workplace Safety

  • The Employer is committed to providing a safe working environment.
    • The Employee agrees to comply with all safety rules and regulations as required by the Utah Occupational Safety and Health Division (UOSH).
    • The Employee must report any workplace injuries or incidents to management immediately.
    • Required training: [Specify required safety training, e.g., lifting techniques, ladder safety, hazardous materials handling, active shooter preparedness].

10. Anti-Discrimination and Harassment

  • The Employer is an equal opportunity employer and prohibits discrimination and harassment of any kind.
    • The Employer complies with the Utah Antidiscrimination Act, which protects against discrimination based on age, sex, religion, race, color, national origin, disability, pregnancy, sexual orientation, gender identity, etc.
    • The Employee should report any incidents of discrimination or harassment to management immediately.

11. Employment At-Will

  • The Employee's employment 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, subject to applicable law.
  • Employee acknowledges this "at-will" employment provision.

12. Discipline and Termination

  • The Employer may discipline or terminate the Employee's employment for reasons including, but not limited to:
    • Poor performance.
    • Attendance issues.
    • Theft.
    • Misconduct.
    • Violation of loss prevention or cash handling standards.
    • Breach of confidentiality or customer privacy.
    • Noncompliance with Utah or company policy.

13. Resignation and Termination Procedures

  • The Employee must provide [Number] days' written notice of resignation.
  • Upon termination of employment, the Employee must return all store property, including uniforms, ID badge, keys, and technology.
  • The Employee's final paycheck will be provided in accordance with Utah law.
    • If the employee is involuntarily terminated, the final paycheck will be available within 24 hours.
    • If the employee resigns voluntarily, the final paycheck will be available on the next regular payday.
  • Severance policy: [Details regarding severance policy, if any].

14. Confidentiality

  • The Employee agrees to maintain the confidentiality of Employer's proprietary information, including pricing, store promotions, customer information, and internal sales data.
  • The Employee must handle customer payment data in compliance with PCI-DSS standards.

15. Outside Employment

  • Option A: The Employee may engage in outside employment, provided that it does not conflict with the Employee's duties to the Employer or create a conflict of interest.
  • Option B: The Employee agrees to refrain from engaging in any outside employment that competes with the Employer's business or involves the use of the Employer's confidential information.

16. Non-Compete/Non-Solicitation

  • Option A: Non-Compete: Employee acknowledges that they [are/are not] subject to a non-compete agreement as per a separate Non-Compete Agreement.
    • If a non-compete agreement exists, it will comply with the Utah Post-Employment Restrictions Act.
    • Employee agrees that the consideration received for the agreement is [Describe consideration].
    • Employee understands the non-compete restrictions on: [Identify scope of trade secrets].
  • Option B: Non-Solicitation: Employee acknowledges that they [are/are not] subject to a non-solicitation agreement as per a separate Non-Solicitation Agreement.
    • Employee agrees they will not solicit [employer’s] customers or employees for a period of [Term length, e.g., One Year] after termination of their employment.

17. Background Checks and Drug Testing

  • Option A: The Employee consents to a background check and/or drug testing as a condition of employment, consistent with Utah requirements.
  • Any subsequent actions taken based on the results of such checks will comply with the Americans with Disabilities Act and state law.

18. Required Trainings

  • The Employee is required to complete the following trainings:
    • Sexual harassment prevention training.
    • Workplace safety training.
    • Cash register security training.
    • Other: [Specify other required trainings].

19. Workplace Accommodations

  • The Employer will provide reasonable accommodations to qualified individuals with disabilities in accordance with Utah and federal law.
  • The Employee should request any necessary accommodations from management.

20. Child Labor Laws

  • All Employees must be 18 years of age or older.
  • Option A: If employing individuals under 18, the Employer will comply with all applicable Utah child labor laws.
  • Option B: If employing individuals under 18, this company does not allow employees under 18 to handle [specify limitations, e.g., alcohol]

21. Governing Law and Dispute Resolution

  • This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.
  • Any disputes arising under this Agreement shall be resolved in the appropriate court within [Specify County/District] County, Utah.
  • Option A: Any wage, hour, or discrimination disputes will be handled consistent with Utah Labor Commission procedures.

22. Employee Handbook

  • The Employee acknowledges receipt of the Employer's employee handbook and agrees to comply with all policies and procedures outlined therein, as they may be amended from time to time.

23. Industry-Specific Compliance

  • Option A: Given the product category for sale, Employee agrees to adhere to Utah’s minimum age verification rules and reporting mandates for [specify age-restricted products, e.g., tobacco, alcohol, lottery tickets].

24. Recording and Video Surveillance Policy

  • Option A: Employee acknowledges that the store utilizes recording and video surveillance for security purposes and that footage may be used in accordance with applicable Utah law.

25. Workers' Compensation Insurance

  • The Employer provides workers' compensation insurance in accordance with Utah statute.
  • The Employee must report any workplace injuries to management immediately and follow the procedures for filing a workers' compensation claim.

26. Use of Employee Likeness

  • Option A: The Employee consents to the use of their name and/or photo in Employer's marketing or social media materials.
  • Option B: The Employee does not consent to the use of their name and/or photo in Employer's marketing or social media materials.

27. Unemployment Insurance

  • The Employee is eligible for unemployment insurance in accordance with Utah law.
  • Information regarding unemployment insurance eligibility and claim procedures will be provided to the Employee upon termination of employment.

28. Amendments

  • This Agreement is subject to revision due to future changes in Utah law, company policy, or retail industry standards.
  • The Employee will be notified in writing of any substantive amendments to this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________

[Employer Representative Name]

[Employer Representative Title]

[Employer Legal Name]

____________________________

Signature

____________________________

Date

____________________________

[Employee Legal Name]

____________________________

Signature

____________________________

Date

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