West Virginia retail sales associate employment contract template

West Virginia Retail Sales Associate Employment Agreement

This West Virginia Retail Sales Associate Employment Agreement (the “Agreement”) is made and effective as of [Date] by and between [Company Name], a [State] corporation with its principal place of business at [Company Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Employment

Option A: The Employer hereby employs the Employee as a full-time, non-exempt, hourly Retail Sales Associate.

Option B: The Employer hereby employs the Employee as a part-time, non-exempt, hourly Retail Sales Associate.

2. Job Duties and Responsibilities

The Employee's primary duties and responsibilities include, but are not limited to:

• Providing exceptional customer service and assistance.
• Actively engaging in sales activities and achieving sales targets.
• Restocking and facing merchandise on shelves and displays.
• Operating cash registers and point-of-sale (POS) systems accurately.
• Opening and closing the store according to established procedures.
• Participating in loss prevention activities and security protocols.
• Assisting with visual merchandising and in-store promotions.
• Maintaining the cleanliness and organization of the sales floor.
• Conducting inventory counts and basic recordkeeping tasks.
• Complying with all company policies, procedures, and promotional programs.

3. Work Location

Option A: The Employee's primary work location shall be at [Store Address].

Option B: The Employee may be required to work at other store locations within [City/County, WV] as needed.

Option C: Remote work is not permitted for this position.

4. Work Schedule

Option A: The Employee's regular work schedule will be approximately [Number] hours per week, on [Days of the week], between the hours of [Start Time] and [End Time]. Specific shift assignments will be determined by the Employer and may vary.

Option B: The Employee's work schedule will vary based on business needs and will be communicated at least [Number] days in advance. Employee is expected to be available to work evenings, weekends and holidays.

Shift swaps and scheduling changes must be approved by the Employee’s supervisor in accordance with company policy.

5. Compensation

Option A: The Employee's hourly wage shall be [Dollar Amount] per hour.

Option B: The Employee's hourly wage shall be [Dollar Amount] per hour during the first [Number] days of employment, and thereafter increased to [Dollar Amount] per hour, dependent on satisfactory job performance.

The Employee is eligible for overtime pay at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over forty (40) in a workweek, in accordance with federal and West Virginia law.

The Employee will be paid [Weekly/Bi-Weekly] via [Direct Deposit/Check]. Payday is [Day].

6. Commission/Incentives/Bonuses

Option A: The Employee is eligible for commission/incentive/bonus based on [Specific criteria, e.g., individual sales targets, team performance]. The calculation method and timing of payment are detailed in the attached [Commission/Incentive Plan Document].

Option B: The Employee is not eligible for commission, incentives or bonuses.

Commissions/bonuses earned but not yet paid at the time of termination will be paid on the next regular payday following termination, provided the earning criteria have been fully met.

7. Benefits

Option A: The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:

• Health Insurance (eligibility after [Number] days)
• Dental Insurance (eligibility after [Number] days)
• Vision Insurance (eligibility after [Number] days)
• Paid Time Off (PTO) (accrual rate: [Details])
• 401(k) Plan (eligibility after [Number] months)
• Employee Discount ([Percentage])
• Uniform Allowance ([Dollar Amount] per [Frequency])

Option B: The Employee is not eligible for benefits other than those required by law.

8. Leave Policies

The Employee is entitled to leave in accordance with applicable federal and West Virginia laws, including the Family and Medical Leave Act (FMLA) if eligible, jury duty leave, voting leave, and military leave.

Requests for leave must be submitted to [Supervisor/Manager Name] in accordance with company policy.

Bereavement Leave: [Number] days of paid bereavement leave will be provided upon the death of an immediate family member.

9. Reporting Structure

The Employee will report to [Supervisor/Manager Name], [Job Title].

Performance evaluations will be conducted [Frequency, e.g., annually].

10. Company Policies

The Employee is required to adhere to all company policies, including but not limited to:

• Dress Code/Uniform Requirements: [Details]
• Grooming Standards: [Details]
• Personal Device Use: [Details]
• Customer Interaction Standards: [Details]
• POS Usage Protocols: [Details]

11. Cash Handling, Security, and Loss Prevention

The Employee must follow all company procedures for cash handling, security, and loss prevention, including reporting any suspected theft or fraud.

The Employee must adhere to company policies for handling returns, refunds, voids, coupons, discounts, and gift cards.

12. Safety and OSHA Compliance

The Employee must comply with all applicable safety and Occupational Safety and Health (OSHA) procedures, including those related to backroom safety, slip and fall prevention, and lifting guidelines.

13. Customer Confidentiality

The Employee must maintain the confidentiality of customer information and comply with all applicable privacy policies and data protection laws.

14. Equal Opportunity Employment and Anti-Harassment

The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, sex, religion, national origin, disability, age, genetic information, or any other protected category under federal or West Virginia law.

Any complaints of discrimination or harassment should be reported to [HR Contact Name/Department].

15. Child Labor Laws

The Employer complies with all applicable child labor laws and minimum age requirements.

16. Confidential Information

The Employee acknowledges that they may have access to confidential business information, including proprietary merchandising techniques, customer lists, sales data, and marketing plans.

The Employee agrees not to disclose any confidential information to third parties without the Employer's prior written consent.

17. Property Return

Upon termination of employment, the Employee must return all company property, including uniforms, tools, and equipment.

The Employer may deduct the cost of unreturned or damaged items from the Employee's final paycheck, provided the Employee has given written authorization for such deduction in accordance with West Virginia law.

18. Non-Solicitation/Non-Disparagement/No-Moonlighting

The Employee agrees not to solicit the Employer’s customers or employees for a period of [Number] months following termination of employment.

The Employee agrees not to disparage the Employer, its products, or its employees.

The Employee agrees not to engage in any outside employment that creates a conflict of interest with the Employer.

19. Termination

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 and with or without notice, subject to any applicable company policy.

Upon termination, the Employee will receive their final paycheck on or before the next regular payday, in accordance with West Virginia law.

The Employee must return all company property upon termination.

The Employee is required to provide [Number] weeks' notice of resignation.

20. Disciplinary Procedures

The Employer may take disciplinary action against the Employee for any violation of company policy or unsatisfactory job performance.

Disciplinary action may include verbal warnings, written warnings, suspension, or termination.

The Employee has the right to appeal any disciplinary action in accordance with company policy.

21. Compliance with Laws

The Employee agrees to comply with all applicable federal, state (including the West Virginia Division of Labor rules), and local laws, ordinances, and health department regulations.

22. Workers' Compensation

The Employee is covered by workers' compensation insurance in accordance with West Virginia law.

23. Drug-Free Workplace

Option A: The Employer maintains a drug-free workplace. The Employee may be required to submit to pre-employment and/or post-incident drug testing in accordance with company policy.

Option B: The Employer does not require drug testing.

24. Training Programs

The Employee is required to participate in initial and ongoing training programs, including product knowledge, safety procedures, cashier operations, anti-harassment, loss prevention, and workplace safety.

25. Grievance Procedures

Any grievances or complaints should be addressed initially with the Employee’s supervisor. If unresolved, the Employee may follow the formal grievance procedure outlined in the company handbook.

26. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia. Any legal disputes arising under this Agreement shall be resolved in the state or federal courts located in [County, WV].

27. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

28. Amendment

This Agreement may be amended only by a written instrument signed by both parties.

29. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Employee acknowledges that they have received, read, and understand this Agreement and all attached policies, and agree to be bound by its terms and conditions.

____________________________
[Employee Name]

____________________________
[Date]

____________________________
[Employer Representative Name]

____________________________
[Employer Representative Title]

____________________________
[Date]