Utah sales representative employment contract template

Utah Sales Representative Employment Contract

This Utah Sales Representative Employment Contract (the “Agreement”) is made and entered into as of [Signing Date], by and between [Employer Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Full Physical Address] and mailing address at [Employer Mailing Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Full Physical Address] and with a mailing address at [Employee Mailing Address] (“Employee”).

1. Position

• Sales Representative (Full-Time).
• Key Responsibilities:
  • Option A: Direct sales calls on existing and prospective clients within the assigned Utah territory of [Specify Utah Sales Territory/Region].
  • Option B: Client prospecting and lead generation within Utah, focusing on the [Specify Utah Target Market/Industry] sector.
  • Option C: Account management of existing clients in Utah, ensuring customer satisfaction and repeat business.
  • Option D: Product presentations and demonstrations to potential clients in Utah, showcasing [Employer’s Product/Service].
  • Option E: Development and management of a sales pipeline, tracking leads and opportunities within the Utah market.
  • Option F: Sales reporting and forecasting, providing regular updates on sales performance in Utah.
  • Option G: Order processing and fulfillment for Utah-based clients, ensuring timely and accurate delivery.
  • Option H: Post-sales support and customer service to clients in Utah, addressing any issues or concerns.
  • Option I: Achievement of revenue targets as set by Employer for the Utah territory.
  • Option J: Participation in relevant Utah trade shows and industry events (e.g., [Specify Trade Show/Event]).
  • Option K: Maintenance of accurate customer and CRM records compliant with Utah data privacy law.
  • Required Sales Skills and Product/Service Knowledge: [List Required Skills/Knowledge, e.g., CRM Proficiency, Product Certification, Utah-Specific Industry Knowledge]. If licensure or professional standards are required, state them: [Specify License/Standard, e.g., Utah Insurance License].

2. Reporting Structure and Work Location

• Reporting Structure: Reports directly to the [Utah Regional Sales Manager Title].
• Option A: Primary Work Location: [Specify Utah Office Location].
• Option B: Primary Work Location: Designated territory within Utah ([Specify Utah Territory]).
• Option C: Primary Work Location: Remote, residing within the state of Utah.
• Field Travel Requirements: [Describe Field Travel Requirements, e.g., Daily travel within the territory, Occasional travel to other parts of Utah].
• Expectations for In-Person Client Visits: [Describe Expectations for In-Person Visits].

3. Business Travel and Reimbursement

• Business Travel Rules: Adherence to Employer's travel policies, compliant with Utah-specific travel reimbursement laws.
• Vehicle Use: [Specify Vehicle Use Policy, e.g., Company car provided, Personal vehicle required].
• Option A: Mileage Reimbursement: Reimbursed at the IRS standard mileage rate plus any applicable Utah state rate, as updated annually.
• Option B: Vehicle Allowance: A monthly vehicle allowance of [Dollar Amount].
• Per Diem: Per diem rates for overnight travel in Utah are established according to [Specify Policy, e.g., Employer's internal policy, GSA rates].

4. Employment Classification and Working Hours

• Employment Classification: Full-time.
• Minimum Weekly Working Hours: [Number] hours per week.
• Option A: Scheduling Expectations: [Describe Scheduling Expectations, e.g., Standard business hours, Flexible schedule].
• Option B: Shift Changes: [Describe Policy on Shift Changes].
• Overtime: Overtime pay will be provided in accordance with Utah wage and hour laws.
• Rest and Meal Breaks: Provided in accordance with Utah labor laws.

5. Compensation

• Base Salary: [Dollar Amount] per [Year/Hour].
• Payment Frequency and Method: Paid [Frequency, e.g., Bi-weekly] via [Method, e.g., Direct Deposit], in accordance with Utah pay frequency requirements.
• Commission Structure:
  • Rate: [Percentage] of [Qualifying Sales, e.g., Gross revenue, Net profit].
  • Qualifying Sales: [Describe Qualifying Sales].
  • Payout Cycle: Commissions paid [Frequency, e.g., Monthly, Quarterly].
• Quota Achievement Bonuses/Spiffs: [Describe Bonus/Spiff Structure].
• Option A: Draw/Advance Provisions: A draw of [Dollar Amount] per [Pay Period] will be provided.
• Option B: No Draw/Advance Provisions: No draw or advance will be provided.
  • Repayment Terms for Commission Advances: [Describe Repayment Terms, if applicable].
• Utah Wage Payment and Commission Laws: Employer will adhere to Utah’s wage payment and commission laws, including timing of final pay and earned unpaid commission payments upon separation.

6. Benefits

• Health, Dental, and Vision Insurance: Eligibility for health, dental, and vision insurance plans offered by Employer. [Specify Utah Affordable Care Act compliance and small employer requirements, if applicable].
• Retirement Plan Options: [Describe Retirement Plan Options, e.g., 401(k) with matching contributions].
• Paid Time Off: [Number] days of paid time off per year.
• Sick Leave: [Number] days of paid sick leave per year, in accordance with Utah law and any applicable local ordinances (e.g., Salt Lake City).
• Paid Holidays: [List Paid Holidays].
• Sales Expense Reimbursements: Reimbursed for reasonable and necessary sales expenses.
• Option A: Company Car: A company car will be provided.
• Option B: Car Allowance: A car allowance of [Dollar Amount] will be provided.
• Mobile Device Policy: [Describe Mobile Device Policy, e.g., Company-provided phone, Reimbursement for personal phone use].
• Sales Support Resources: Access to sales support resources, including [List Resources, e.g., Marketing materials, CRM access].
• Continuing Education/Training Programs: Employer will provide continuing education and training programs relevant for Utah sales professionals.
• Unpaid Leave: [Describe Policy on Unpaid Leave].
• Jury Duty: Leave for jury duty will be provided in accordance with Utah law.
• Military Leave: Leave for military service will be provided in accordance with Utah’s military leave protection laws.

7. Restrictive Covenants

• Option A: Non-Solicitation Agreement: Employee agrees not to solicit Employer’s clients or employees for a period of [Number, e.g., 12] months following termination of employment.
• Option B: Non-Compete Agreement: Employee agrees not to compete with Employer within [Specify Geographic Area and/or Customer Scope] for a period of [Number, e.g., 12] months following termination of employment. This non-compete is compliant with Utah’s Post-Employment Restrictions Act and does not apply to professions excluded under Utah law.
• Employee Activities: This agreement cannot prohibit lawfully protected employee activities under Utah law.
• Confidentiality: Employee will maintain the confidentiality of customer and company information, including client lists, pricing, and business strategies, in accordance with the Utah Uniform Trade Secrets Act. These obligations survive termination.

8. Intellectual Property and Sales Materials

• Ownership: All presentations, proposals, or marketing collateral created during employment belong to Employer.
• Return of Company Equipment: Upon separation from employment, Employee will return all company equipment, including laptops, CRM access, phones, and demo materials.

9. Employment At-Will and Termination

• Employment At-Will: Employment is at-will, and either party may terminate the employment relationship with or without cause, subject to the company's procedures outlined below.
• Termination Procedures:
  • Voluntary Resignation: Employee shall provide [Number] weeks written notice of resignation.
  • Employer-Initiated Termination: [Describe Company Procedures for Termination, with or without cause].
  • Layoffs: [Describe Policy for Layoffs due to business necessity].
  • Final Payment: Final pay, including any earned unpaid commissions, will be paid in accordance with Utah law.
• Severance: [Describe Severance Policy, if any].
• Acknowledgment: Employee acknowledges receipt of any notices regarding termination or discipline in writing.

10. Behavioral Standards and Compliance

• Ethical Sales Conduct: Employee will engage in ethical sales conduct and honest representation.
• Compliance: Employee will comply with anti-kickback and anti-bribery laws, company code of conduct, and anti-harassment/anti-discrimination policy.
• Utah Protected Classes: Employer prohibits discrimination based on race, color, sex, pregnancy, religion, age, disability, national origin, sexual orientation, gender identity, or any other protected characteristic under Utah law.

11. Reporting and CRM Requirements

• Mandatory Reporting: Employee will provide regular sales reports to [Specify Frequency, e.g., Weekly].
• CRM Updates: Employee will update the CRM system with customer engagement documentation [Specify Frequency, e.g., Daily].
• Record Maintenance: Employee will maintain accurate records to comply with internal audits and Utah contract law.
• Social Media and Public Communications: [Describe Policy on Social Media and Public Communications].

12. Dispute Resolution

• Internal Complaint/Mediation Procedures: Employer encourages internal resolution of disputes.
• Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. The courts of [Salt Lake City/Specify Other Utah District], Utah, shall have exclusive jurisdiction over any disputes arising under this Agreement.
• Worker's Compensation: Employee is covered by worker’s compensation insurance in accordance with Utah statute.
• Safety Policies: [Describe Applicable Safety Policies, especially if field work or driving is involved].
• Utah Occupational Safety and Health (UOSH) Compliance: Employer complies with UOSH regulations.

13. Special Utah Industry Requirements

• [Specify any applicable Utah industry requirements, such as regulatory sales certifications, consumer protection notifications, or telemarketing restrictions].

14. Entire Agreement and Amendment

• Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
• Amendment: This Agreement may be amended only in writing, signed by both parties.
• Annual Review: All elements of this agreement are subject to annual review and may be adjusted.

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

____________________________
[Employer Full Legal Name]

By: ____________________________
[Employer Representative Name]

Title: [Employer Representative Title]

____________________________
[Employee Full Legal Name]