Virginia retail sales associate employment contract template
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How Virginia retail sales associate employment contract Differ from Other States
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Virginia is an at-will employment state, and contracts must clarify that either party may terminate employment at any time.
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Virginia imposes specific restrictions on non-compete clauses for low-wage employees, limiting enforceability.
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The Virginia Human Rights Act mandates specific anti-discrimination language that goes beyond federal requirements.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for retail sales associates in Virginia?
A: A written contract is not legally required, but it is advisable to clarify terms and protect both employer and employee.
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Q: Are non-compete clauses enforceable for retail sales associates in Virginia?
A: Non-compete clauses are generally unenforceable for low-wage employees, including many retail sales associates.
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Q: What laws must Virginia retail employment contracts comply with?
A: Contracts must comply with Virginia labor laws, federal employment regulations, and the Virginia Human Rights Act.
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Virginia Retail Sales Associate Employment Contract
This Virginia Retail Sales Associate Employment Contract ("Agreement") is made and entered into as of [Effective Date], by and between [Employer Legal Name], with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").
1. Position and Duties
The Employer hires the Employee as a Retail Sales Associate.
The Employee’s duties include, but are not limited to:
- Providing excellent customer service and engaging with customers in a professional manner.
- Operating Point of Sale (POS) systems accurately and efficiently.
- Processing sales transactions, including cash, credit, and debit card payments in compliance with PCI DSS requirements.
- Handling product returns and exchanges in accordance with Virginia law and store policies.
- Stocking shelves, checking inventory, and ensuring pricing accuracy.
- Executing store promotions and maintaining store cleanliness.
- Complying with store opening and closing procedures.
- Assisting with loss prevention efforts.
- Strict adherence to Employer's customer service policies and Virginia’s laws related to business conduct with customers.
- Mandatory cash handling protocols, security procedures for high-value transactions.
2. Work Location
- Option A: The Employee's primary work location is [Store Address].
- Option B: The Employee may be required to work at other store locations within [Radius] miles of [Store Address]. Reimbursement for travel between locations will be per Virginia law and company policy.
- Option C: Remote training and/or offsite promotional work may be required, subject to Virginia law.
3. Employment Status and Hours
The employment is full-time.
The Employee’s work schedule will be:
- Option A: A minimum of [Minimum Hours] hours and a maximum of [Maximum Hours] hours per week.
- Option B: The standard daily work schedule is [Start Time] to [End Time].
- Option C: Specific shift schedules will be provided in advance by the Employee's supervisor.
Meal and rest breaks will be provided in accordance with Virginia law, including specific provisions for minors if applicable.
Overtime pay will be provided in accordance with federal and Virginia wage and hour laws.
4. Compensation
- Option A: The Employee's hourly wage will be [Hourly Wage] per hour, which is no less than the current Virginia minimum wage.
- Option B: The Employee’s annualized salary will be [Annual Salary].
- Payment will be made [Payment Frequency] via [Payment Method, e.g., direct deposit].
- Option A: The Employee is eligible for commissions as described in [Commission Plan Document].
- Option B: The Employee is eligible for incentives and bonuses as described in [Incentive/Bonus Plan Document].
Pay for mandatory training time and travel time between store locations will be provided in accordance with Virginia law.
On-call shifts, if required, will be compensated per Virginia law.
5. Benefits
- Option A: The Employee is eligible for health, dental, and vision insurance as detailed in the Employer's benefits plan document after [Waiting Period].
- Option B: The Employee is eligible for participation in the Employer's retirement plan as detailed in the plan document after [Waiting Period].
The Employee is eligible for:
- Paid vacation time: [Vacation Time].
- State-mandated sick leave: [Sick Leave].
- Personal leave: [Personal Leave].
- Emergency leave per Virginia requirements.
- Holiday pay for major state/federal holidays observed by the store.
The Employee is eligible for [Employee Discount Percentage]% employee discount on store merchandise and/or a [Uniform Allowance Amount] uniform/clothing allowance.
Eligibility for benefits, waiting periods, and proration of benefits are governed by the Employer’s benefits plan documents.
6. Performance Evaluations
The Employee's performance will be evaluated [Evaluation Frequency].
Performance metrics will include sales volume, customer satisfaction scores, and adherence to upselling protocols.
The Employee is expected to participate in mandatory training on Virginia ABC (Alcoholic Beverage Control) compliance or tobacco sales if the store sells restricted products.
7. Professional Conduct
The Employee is expected to adhere to the Employer's dress code and policies regarding personal appearance.
The Employee is expected to interact with customers and co-workers in a professional and respectful manner.
The Employee is expected to follow established escalation procedures for customer disputes and handling of suspected theft.
The Employee must adhere to all workplace safety guidelines.
The Employee must report any suspected child labor violations.
8. Reporting Structure
The Employee will report directly to [Supervisor Name], [Supervisor Title].
The store chain of command for escalations is outlined in [Store Policy Document].
9. Confidential Information
The Employee agrees to protect the Employer's confidential information, including proprietary pricing information, customer lists, store operational procedures, and loss prevention strategies.
10. Company Property and Data Protection
The Employee will use company-issued devices (such as hand-held POS terminals) appropriately and in accordance with company policy.
The Employee will not use smartphones during work hours except for approved purposes.
The Employee will protect customer financial and personal data consistent with Virginia law and industry standards.
11. Intellectual Property
Any training materials, store manuals, or marketing content produced by the Employee during employment are the property of the Employer.
12. Compliance with Laws
The Employee must comply with all relevant federal, state, and local laws covering retail operations in Virginia, including Truth in Advertising laws and wage and hour laws.
13. Workplace Safety
The Employee must comply with all workplace safety policies as required by Virginia Occupational Safety and Health (VOSH), including emergency procedures, accident reporting, and training on handling hazardous or age-restricted merchandise.
14. Anti-Discrimination and Anti-Harassment
The Employer prohibits discrimination and harassment based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, veteran status, or any other protected category under Virginia and federal law.
The Employee is encouraged to report any incidents of discrimination or harassment to [Reporting Contact Person/Department]. The employer has a strict non-retaliation policy.
15. At-Will Employment
This is an at-will employment relationship, meaning that either the Employee or the Employer may terminate the employment at any time, with or without cause or notice, subject to applicable Virginia law.
16. Termination
- Option A: The Employee is required to provide [Notice Period] days' notice of resignation.
- Option B: No specific notice period is required, but professional courtesy is expected.
The Employer may terminate the Employee's employment immediately for cause, including fraud, theft, violence, or gross misconduct.
Final wage payments will be made in compliance with Code of Virginia § 40.1-29.
The Employee must return all store property and uniforms upon termination.
Information regarding post-termination benefits and COBRA notices will be provided as required.
17. Surveillance
Employees are aware that store security cameras and audio recording may be in use, consistent with Virginia requirements.
18. Non-Compete
Non-compete clauses are restricted for low-wage employees by Virginia law and are not applicable unless legally permissible.
19. Non-Solicitation, Non-Disclosure, and Non-Disparagement
The Employee agrees to refrain from soliciting the Employer's employees or customers for a period of [Duration] after termination.
The Employee agrees not to disclose the Employer's trade secrets or confidential information.
The Employee agrees not to disparage the Employer.
20. Dispute Resolution
Any disputes arising from this Agreement will be resolved through:
- Stepwise complaint reporting to [Designated Contact/Department].
- Mediation in [City, Virginia].
- If necessary, arbitration in [City, Virginia], applying Virginia law.
21. Workers' Compensation
The Employee is eligible for and will participate in Virginia Workers’ Compensation coverage. The employee must report any work-related injuries or illnesses to [Designated Contact/Department].
22. Leave Protections
The Employee is eligible for lawful leave protections such as the Virginia Values Act and federal FMLA, as applicable to retail employment.
23. Training Requirements
The Employee will participate in training on Virginia-specific issues, such as mandatory signage posting, employee rights notifications, and procedures for reporting labor violations to the Virginia Department of Labor and Industry.
24. COVID-19 and Infectious Disease Protocols
The Employee must comply with store policy on PPE, infectious disease protocols, and reporting injuries/illnesses under VOSH adjustments (e.g., COVID-19 requirements).
25. Reasonable Accommodations
The Employer will provide reasonable accommodations for employees with disabilities under the Virginia Human Rights Act. Employees should submit accommodation requests to [Designated Contact/Department].
26. Acknowledgment
The Employee acknowledges receipt of this contract and any required handbook.
27. Amendments, Assignment, and Integration
This Agreement may be amended only by a written agreement signed by both parties.
This Agreement may not be assigned by the Employee.
This Agreement constitutes the entire agreement between the parties.
28. Severability and Modification
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
All provisions are subject to modification to comply with Virginia or federal law.
29. Adaptation
All elements of this contract may be adapted by mutual written agreement and according to changes in Virginia or federal law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Legal Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Employee Legal Name]
Signature: ____________________________
Date: ____________