Vermont sales representative employment contract template

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How Vermont sales representative employment contract Differ from Other States

  1. Vermont law mandates prompt payment of commissions owed to sales representatives after contract termination, with strict penalty provisions.

  2. The Vermont Sales Representative Commissions Act provides statutory protections not universally available in other states.

  3. Written contracts are strongly emphasized in Vermont to avoid ambiguity and safeguard both employer and sales representative rights.

Frequently Asked Questions (FAQ)

  • Q: Is a written sales representative contract required in Vermont?

    A: While not strictly required, written contracts are highly recommended to clarify terms and protect both parties’ interests.

  • Q: How soon must commissions be paid after contract termination in Vermont?

    A: Commissions must be paid within 30 days of contract termination or becoming due, whichever is later, under Vermont law.

  • Q: What penalties exist for late commission payments in Vermont?

    A: An employer may be liable for up to three times the amount owed, plus attorney's fees and court costs, for late payments.

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Vermont Sales Representative Employment Contract

This Vermont Full-Time Sales Representative Employment Agreement (the “Agreement”) is made and entered into as of [Date] by and between:

  • [Employer Name], a company registered in Vermont with a registered business address at [Employer Address] and contact details at [Employer Phone Number] and [Employer Email Address] (the “Employer”), and
  • [Employee Full Legal Name], residing at [Employee Vermont Address] (the “Employee”).

1. Position

  • The Employer hereby employs the Employee as a Full-Time Sales Representative.

2. Job Responsibilities

  • The Employee shall perform the following duties, with emphasis on Vermont-specific activities:
    • Sales Territory Management: Manage and develop the sales territory of [Describe Territory, e.g., Northern Vermont, Chittenden County], which includes [List Specific Geographic Coverage within Vermont and Bordering States, if applicable].
    • Prospecting and Lead Generation: Identify and qualify potential clients within Vermont.
    • Client Meetings: Conduct in-person and virtual meetings with clients within Vermont.
    • Product/Service Presentations: Present product and service offerings to potential clients.
    • Negotiation: Negotiate terms of sale and close deals.
    • Closing Sales: Secure sales agreements and contracts.
    • Post-Sale Account Management: Maintain relationships with existing clients.
    • Order Processing: Process sales orders accurately and efficiently.
    • Returns/Complaints: Handle returns and complaints promptly and professionally, in compliance with Vermont’s consumer protection laws.
    • Record-Keeping/CRM: Maintain accurate sales records using [Specify CRM Software and Tools].
    • Sales Targets/Quotas: Achieve sales targets and quotas as assigned.
    • Market Analysis: Conduct ongoing market analysis within Vermont’s regulatory environment.
    • Regional Events: Attend mandatory regional industry events.
    • Ethical Conduct: Conduct all interactions ethically and in compliance with Vermont law.
  • The Employee's supervisor is [Supervisor Name].
  • The Employee will report to the supervisor [Frequency] in the form of [Form of Reporting, e.g., written reports, verbal updates].
  • The employee must participate in Employer training on Vermont-specific sales practices.
  • Work may be performed independently or as part of a team, as directed by the Employer.

3. Work Location

  • Option A: The Employee’s primary work location will be the Employer’s office at [Employer Address].
  • Option B: The Employee will work remotely from a home office located at [Employee Vermont Address].
  • Option C: The Employee’s work will be field-based, requiring travel within Vermont.
  • The Employee will be reimbursed for travel expenses within Vermont.
  • The Employee must comply with all driving safety regulations.
  • The Employee is authorized to use [Personal/Company] vehicle for work purposes.

4. Employment Status & Work Hours

  • The Employee’s employment status is full-time.
  • Full-time work is defined as [Number] hours per week.
  • Regular working hours are [Start Time] to [End Time], [Days of the Week].
  • Overtime:
    • Option A: The Employee is eligible for overtime compensation as required by Vermont law.
    • Option B: The Employee is not eligible for overtime compensation due to their exempt status.
  • The Employee is entitled to meal and rest breaks as required by Vermont law.
  • The Employer will maintain accurate records of the Employee’s hours worked.

5. Compensation

  • The Employee's compensation will meet or exceed Vermont's minimum wage requirements.
  • Option A: Salary: The Employee’s annual salary is [Amount], payable [Frequency, e.g., bi-weekly].
  • Option B: Commission: The Employee will receive a commission of [Percentage] on [Collected/Invoiced] sales.
    • Commission Calculation: [Detailed description of commission calculation method].
    • Commission Payout: Commissions will be paid [Frequency, e.g., monthly] according to Vermont payday laws.
    • Draw-Against-Commission: [If applicable, describe draw-against-commission rules].
    • Split Commissions: [If applicable, describe split commission arrangements].
  • Business Expenses: The Employee will be reimbursed for reasonable and necessary client entertainment and business expenses.
  • Sales Incentives/Bonuses: The Employee may be eligible for sales incentives, bonuses, or awards based on Vermont territory performance.
  • Discretionary Compensation: Any discretionary compensation is at the sole discretion of the Employer.

6. Benefits

  • The Employee is eligible for the following benefits:
    • Group Health Insurance: [Describe options compliant with Vermont ACA standards].
    • Dental and Vision Insurance: [Describe options].
    • Retirement Plan: [Describe plan details].
    • Paid Vacation: [Number] days per year, accrued [Accrual Method] with [Carryover Rules] compliant with Vermont vacation laws.
    • Paid Sick Leave: [Number] days per year, accrued [Accrual Method] compliant with Vermont Earned Sick Time Rules.
    • Paid Holidays: [List paid holidays, reflecting Vermont’s regional practice].
    • Paid Family and Medical Leave: [If applicable, describe plan details].
    • Unemployment Insurance: The Employee is eligible for Vermont unemployment insurance.
    • Workers’ Compensation: The Employee is covered by Vermont Workers’ Compensation.
    • Expense Reimbursement: [Describe reimbursable expenses: travel, mileage, cell phone, home office supplies, per diem].

7. Intellectual Property & Customer Data

  • All customer lists, catalogs, sales strategies, customer relationship records developed or accessed in Vermont are the sole property of the Employer.
  • The Employee must comply with all Vermont privacy and data security laws.

8. Confidentiality

  • The Employee shall maintain strict confidentiality regarding all Vermont-based business information, trade secrets, and customer data, both during and after employment.
  • This confidentiality obligation survives termination of this Agreement.

9. Restrictive Covenants

  • The Employee acknowledges Vermont’s limitations on non-compete agreements per 21 V.S.A. §495k.
    • Option A: Non-Solicitation: During the term of employment and for a period of [Number] months following termination, the Employee shall not solicit clients of the Employer within [Specific Geographic Area within Vermont] with whom the Employee had contact during the [Number] months preceding termination.
    • Option B: Non-Disclosure: The Employee shall not disclose any of the Employer's confidential information or trade secrets to any third party.
  • Any restrictive covenants are narrowly tailored to protect the Employer’s legitimate business interests and comply with Vermont law.

10. Compliance with Laws

  • The Employee shall comply with all applicable laws and regulations, including the Vermont Anti-Discrimination and Fair Employment Practices Act, which prohibits discrimination based on gender, race, color, national origin, religion, sex, sexual orientation, gender identity, veteran status, age, disability, pregnancy, and all other Vermont-protected categories.
  • The Employer is committed to equal employment opportunity and prohibits harassment.
  • The Employee must report any suspected policy violations per Vermont procedures.

11. Company Property

  • The Employee shall use company property, including [List Property: laptop, phone, samples, sales materials], responsibly and return it to the Employer upon termination of employment.
  • The Employee must maintain accurate physical and digital records for audit by the Employer or Vermont regulators.

12. Termination

  • The Employee’s employment is at-will, as permitted by Vermont law, unless otherwise agreed in writing.
    • Voluntary Resignation: The Employee may resign by providing [Number] days’ written notice.
    • Company-Initiated Dismissal: The Employer may terminate the Employee’s employment at any time, with or without cause.
    • Layoff/Redundancy: The Employer may terminate the Employee’s employment due to layoff or redundancy.
    • Final Wage Payment: Final wage payment will be made within [48 Hours/Next Regular Payday] as required by Vermont statute.
    • Return of Property: Upon termination, the Employee must return all company property and confidential materials.
    • Severance: [If applicable, describe severance policy].

13. Dispute Resolution

  • Any disputes arising under this Agreement shall be resolved as follows:
    • Internal Escalation: First, the parties will attempt to resolve the dispute internally.
    • Mediation: If internal resolution fails, the parties will participate in mediation with a mutually agreed Vermont mediator.
    • Arbitration/Litigation: If mediation fails, the parties may pursue arbitration or litigation in [Specified Vermont County].
    • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont.
    • Jurisdiction: The parties consent to the jurisdiction of Vermont state courts.

14. Miscellaneous

  • Any amendment to this Agreement must be in writing and signed by both parties.
  • This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

15. Vermont Sales Regulations & Rights

  • The Employee shall comply with all Vermont sales tax collection, licensing/registration, and advertising regulations.
  • The Employee is entitled to notification of commission due on termination and timely payment of all earned commissions under Vermont 9 VSA §2556.
    • Post-Termination Commission Payment: [Describe timing, calculation, and dispute process for unpaid commissions].

16. Occupational Health & Safety

  • The Employee shall comply with all Vermont occupational health and safety regulations.
  • Emphasis is placed on safe driving and travel practices.
  • The Employee is covered by the Employer’s liability insurance policies.

17. Employee Handbook

  • This agreement is supplemented by the company’s Employee Handbook, if applicable.

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

____________________________

[Employer Name]

By: ____________________________

[Employer Representative Name and Title]

____________________________

[Employee Full Legal Name]

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