Virginia sales representative employment contract template
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How Virginia sales representative employment contract Differ from Other States
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Virginia requires prompt payment of post-termination commissions, specifically within 14 days of becoming due, under the Virginia Sales Representative Act.
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Virginia law provides sales representatives with the right to recover exemplary damages and attorney's fees if employers fail to pay earned commissions.
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Non-compete and non-solicitation clauses in Virginia are subject to state-specific judicial scrutiny, which may differ from enforcement in other states.
Frequently Asked Questions (FAQ)
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Q: Is a written contract required for sales representatives in Virginia?
A: A written contract is highly recommended, though not strictly required, to clearly outline terms and ensure protection under Virginia law.
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Q: What happens if my commission is not paid after contract termination in Virginia?
A: You can pursue the unpaid commission in court and may recover exemplary damages plus attorney’s fees under Virginia law.
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Q: Are non-compete clauses enforceable in Virginia sales representative contracts?
A: Non-compete clauses are enforceable only if they are reasonable in time, geography, and scope under Virginia state law.
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Virginia Sales Representative Employment Contract
This Virginia Sales Representative Employment Contract (the “Agreement”) is made and entered into as of this [Date] by and between [Company Name], a [State] corporation with its registered office at [Company Address, City, State, Zip Code], hereinafter referred to as the "Company," and [Employee Name], residing at [Employee Address, City, State, Zip Code], hereinafter referred to as the "Sales Representative."
1. Position
Option A: The Sales Representative is hired as a full-time Sales Representative.
Option B: The Sales Representative is hired as a [Part-Time/Contract] Sales Representative. (Note: If contract, ensure proper independent contractor classification under Virginia law.)
The Sales Representative’s primary responsibilities include, but are not limited to: lead generation, client acquisition, relationship management, negotiation, closing of sales, post-sale services, client reporting, and attainment of sales targets.
2. Territory/Region
Option A: The Sales Representative's territory shall be [Specific Geographic Territory within Virginia].
Option B: The Sales Representative's territory shall be the entire state of Virginia.
Option C: The Sales Representative’s territory shall include Virginia and [List of other states/regions].
The Sales Representative will primarily focus on the [Specific Industry/Market Segment] market.
3. Reporting Structure
Option A: The Sales Representative will report directly to the [Job Title of Supervisor].
Option B: The Sales Representative will report directly to the [Name of Supervisor].
The Sales Representative will be part of the [Name of Sales Team] team and will collaborate with the [Marketing/Operations/Customer Support] department(s) as needed.
4. Work Location & Travel
Option A: The Sales Representative’s principal work location is [Company Office Address in Virginia].
Option B: The Sales Representative will primarily work remotely.
The Sales Representative is expected to travel [Percentage/Frequency] for in-person sales activities. Daily activity logging in [CRM System Name] is required.
5. Employment Type and Working Hours
Option A: The Sales Representative is employed on a full-time basis.
Option B: The Sales Representative is employed on a part-time basis.
The Sales Representative’s standard workweek is 40 hours per week, Monday through Friday, [Start Time] to [End Time]. Overtime pay will be provided in accordance with the Virginia Wage Payment Act and the federal FLSA for hours worked in excess of 40 per week. Virginia does not mandate meal or rest breaks, but the Company provides [Number] paid [Length] minute break(s) and [Length] unpaid lunch break.
6. Compensation
Option A: The Sales Representative will receive a base salary of [Salary Amount] per year, payable [Frequency].
Option B: The Sales Representative will receive a base salary of [Salary Amount] per year, payable [Frequency], plus commissions as outlined below.
The commission structure is as follows: [Commission Percentage] of [Gross/Net] sales, calculated [Calculation Method]. Commissions are accrued [Time of Accrual] and paid [Payment Trigger]. The sales quota is [Quota Details]. Wage deductions will only be made as required by Virginia law.
7. Benefits
The Sales Representative is eligible for the following benefits, subject to the terms and conditions of the applicable plans:
- Health insurance
- Dental insurance
- Vision insurance
- Voluntary employee retirement plan (401(k) or similar)
- Paid time off (vacation, sick leave, personal days)
- [Number] Paid holidays according to the Company’s Virginia holiday schedule
- Business expense reimbursement (mileage at [IRS Rate/Company Rate] per mile, client entertainment, telecommunications, and material costs).
- Company-provided [Vehicle/Laptop/Phone]
8. Training
The Sales Representative will be required to complete training on [Specific Sales Compliance Training Topics, e.g., Fair Business Practices, Licensing for Regulated Industries]. The Company will provide regular product training. The Sales Representative must comply with all industry-specific regulations, including anti-bribery, consumer protection, and data privacy obligations applicable in Virginia.
9. Intellectual Property
All client data, leads, sales reports, and proprietary materials generated or accessed by the Sales Representative are the property of the Company and must be returned upon termination. The Sales Representative agrees to comply with the Virginia Uniform Trade Secrets Act.
10. Confidentiality
The Sales Representative agrees to maintain the confidentiality of the Company’s confidential information, including sales strategies and client databases, both during and after employment.
11. Non-Solicitation
During the term of employment and for a period of [Number] months following termination, the Sales Representative shall not solicit the Company’s clients, prospects, or employees in Virginia for competing services. This clause is narrowly tailored to comply with Virginia law.
12. Non-Competition
Option A: The Company does not require a non-compete agreement.
Option B: The Sales Representative agrees not to engage in any business activity directly competitive with the Company’s business within [Geographic Area, e.g., specific Virginia counties] for a period of [Number] months following termination. This clause is narrowly defined and compliant with Virginia law, as applicable. (Note: Review enforceability in light of current Virginia law, especially regarding lower-wage employees).
13. Business Conduct
The Sales Representative agrees to adhere to the Company’s code of conduct, anti-bribery, and anti-discrimination policies, in compliance with Virginia and federal law, including the Virginia Human Rights Act and Title VII. The Company has a zero-tolerance policy for harassment, retaliation, or bias.
14. CRM and Data Protection
The Sales Representative is required to use the Company's CRM system, [CRM System Name], and comply with all data entry, reporting, and data protection policies, including Virginia data privacy requirements.
15. Licensing/Registration
Option A: This position does not require any specific Virginia state sales licensing or registration.
Option B: The Sales Representative is required to maintain a valid [Specific License, e.g., Insurance Sales License] in good standing with the [Virginia Regulatory Agency].
16. At-Will Employment
The Sales Representative's employment is at-will, meaning that either the Sales Representative or the Company may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to the following:
- Voluntary Resignation: The Sales Representative shall provide [Number] days' written notice of resignation.
- Termination by Company: The Company may terminate the Sales Representative's employment for cause, with immediate effect, or without cause, with [Number] weeks' notice or severance pay in lieu of notice.
- Final Wage Delivery: Final wages will be paid in accordance with the Virginia Payment of Wage Law.
17. Performance Improvement Plan (PIP)
Failure to meet sales quota or targets may result in a performance improvement plan tailored to the sales environment.
18. Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be resolved through [Internal Grievance Procedures/Mediation/Arbitration]. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Exclusive venue for any legal action shall be in the state or federal courts located in Virginia.
19. Workers’ Compensation, Unemployment Insurance, and Occupational Health and Safety
The Company provides workers' compensation and unemployment insurance coverage as required by Virginia law. The Sales Representative will comply with all applicable occupational health and safety regulations.
20. Inventions and Ownership
Any inventions or customer relationships developed solely or jointly by the Sales Representative during the course of employment are the property of the Company, as per Virginia law. The Sales Representative agrees to assist in documenting or registering such intellectual property as necessary.
21. Sales Metrics Review, Forecasting, and Meetings
The Sales Representative will participate in regular sales metrics reviews, sales forecasting, and sales meetings/regional conferences as required by the Company.
22. Equal Opportunity and Anti-Harassment
The Company is an equal opportunity employer and prohibits harassment based on race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic under Virginia and federal law. The Sales Representative should report any violations of this policy to [Designated Contact/Department]. The company provides reasonable accommodations for qualified individuals with disabilities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Company Name]
By: [Name of Authorized Representative]
Title: [Title of Authorized Representative]
[Employee Name]
Signature: ____________________________
Date: ____________________________