West Virginia sales representative employment contract template

West Virginia Sales Representative Employment Contract

1. Parties and Effective Date

This Sales Representative Employment Contract (the “Agreement”) is made and effective as of [Date], by and between [Employer Legal Name], a company organized under the laws of West Virginia, with its principal place of business at [Employer Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).

Employer Contact: [Employer Contact Name], [Employer Contact Title], [Employer Phone], [Employer Email]

Employee Contact: [Employee Phone], [Employee Email]

2. Position and Job Description

The Employer hereby employs the Employee as a full-time Sales Representative for West Virginia.

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

• Prospecting for new clients.
• Generating leads and qualifying prospects.
• Making sales calls and presentations to potential clients.
• Closing sales and achieving sales targets.
• Maintaining and developing relationships with existing clients.
• Providing product knowledge and support to clients.
• Attending regional trade shows and industry events within West Virginia.
• Preparing and submitting sales reports as required by Employer.
• Meeting assigned sales quotas and objectives set by the company.
• Accurately recording and managing customer and sales activity in the designated CRM system [CRM System Name].

3. Territory

Option A: The Employee’s sales territory shall consist of the following counties and cities within West Virginia: [List of Counties/Cities].

Option B: The Employee’s sales territory shall consist of the following industry sectors within West Virginia: [List of Industry Sectors].

Option C: The Employee’s sales territory is the entire state of West Virginia.

The Employee is expected to travel within the assigned territory. The approximate expected travel time is [Percentage]%.

4. Work Location and Schedule

Option A: The Employee's primary work location will be the Employer's office located at [Office Address].

Option B: The Employee will work remotely from a location of their choosing within West Virginia.

Option C: The Employee's work location will be a hybrid of in-office and remote work, as determined by the Employer.

The Employee is expected to adhere to the company's standard work schedule of [Start Time] to [End Time], [Days of the Week], which includes mandated meal and rest breaks as required by West Virginia law.

5. Sales Techniques and Reporting

The Employee is required to utilize the following sales techniques and systems:

• [List of Sales Techniques]
• [Required CRM Platform(s)]

The Employee shall submit sales reports on a [Daily/Weekly/Monthly] basis, detailing sales activity, leads generated, and progress towards quotas. The reporting protocol is: [Details of Reporting Protocol].

6. Compensation

The Employee's compensation shall consist of the following:

• Base Salary: A base salary of [Dollar Amount] per [Week/Bi-Week/Month], paid [Weekly/Bi-Weekly], in accordance with West Virginia's Wage Payment and Collection Act.
• Commission:
  • Option A: A commission of [Percentage]% on all qualifying sales.
  • Option B: A commission structure as detailed in Exhibit A attached hereto.
  • Qualifying Sales Definition: A qualifying sale is defined as [Definition of a Qualifying Sale].
  • Commission Payment Timing: Commissions will be paid [Frequency, e.g., monthly] on or before the [Day] of the following month for sales closed during the previous period.
  • Clawback/Chargeback Rules: In the event of a cancelled or refunded sale, the commission paid on that sale may be subject to a clawback or chargeback, as detailed in Exhibit B attached hereto.
• Bonuses: The Employee may be eligible for bonuses based on performance, as determined by the Employer. Details of the bonus structure are: [Bonus Structure Details].

7. Expense Reimbursement

The Employer shall reimburse the Employee for reasonable and necessary business expenses incurred in the performance of their duties, subject to the Employer's expense reimbursement policy.

Allowable Expenses: Include travel, meals, entertainment, and lodging expenses incurred while performing duties.

Required Documentation: The Employee must submit expense reports with supporting documentation (receipts) within [Number] days of incurring the expense.

Reimbursement Timeframe: Reimbursement will be made within [Number] days of the submission of a complete and approved expense report.

8. Benefits

The Employee will be eligible to participate in the Employer's benefits package, which may include:

• Health Insurance: [Details of Health Insurance Coverage]
• Dental Insurance: [Details of Dental Insurance Coverage]
• Vision Insurance: [Details of Vision Insurance Coverage]
• 401(k) or Retirement Savings Plan: [Details of Retirement Plan]
• Paid Time Off (PTO): [Number] days of PTO per year, accrued according to the Employer's policy.
• Sick Leave: [Number] days of sick leave per year, in accordance with West Virginia law.
• Holidays: Paid holidays as designated by the Employer, including relevant West Virginia state holidays.
• Other Perks: [List Other Perks, e.g., Phone Allowance, Laptop, Mileage Reimbursement]

9. Training

The Employer will provide the Employee with the necessary training to perform their duties effectively, including:

• Product Knowledge Sessions: Regular product training sessions will be held to keep the Employee updated on product features and benefits.
• Compliance Training: The Employee will be required to complete compliance training on relevant regulations and company policies.
• Continuing Education: The Employer may provide opportunities for continuing education and professional development.

10. Reporting and Performance Evaluations

The Employee will report directly to [Manager Name], [Manager Title].

Performance Evaluations: The Employee's performance will be evaluated on a [Frequency, e.g., Quarterly] basis.

Written Warnings and Disciplinary Actions: In the event of unsatisfactory performance or violation of company policy, the Employee may be subject to written warnings and disciplinary actions, up to and including termination.

11. At-Will Employment

The Employee's employment with the Employer is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to applicable West Virginia law.

12. Non-Compete and Non-Solicitation

The Employee agrees that during their employment and for a period of [Number] months following the termination of their employment, they will not, directly or indirectly, engage in any business that competes with the Employer's business within the following geographic area: [Geographic Area]. This restriction shall be narrowly tailored to protect the Employer's legitimate business interests, consistent with West Virginia law.

The Employee further agrees that during their employment and for a period of [Number] months following the termination of their employment, they will not solicit the Employer's customers, other employees, or suppliers.

13. Confidentiality and Non-Disclosure

The Employee acknowledges that they will have access to confidential information of the Employer, including trade secrets, pricing strategies, customer lists, proprietary business methods, and sales data.

The Employee agrees to hold such information in strict confidence and not to disclose it to any third party, either during or after their employment with the Employer. This obligation shall survive the termination of this Agreement.

14. Ownership of Leads and Sales Data

All leads, sales data, contact lists, and business relationships developed or accessed by the Employee during their employment shall be the sole and exclusive property of the Employer, including upon termination of this Agreement.

15. Compliance with Laws

The Employee shall comply with all applicable federal, state, and local laws and regulations in the performance of their duties, including but not limited to industry regulations affecting sales in West Virginia, such as [List Relevant Industry Regulations].

16. Equal Opportunity and Anti-Discrimination

The Employer is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, national origin, age, disability, or any other protected characteristic under West Virginia and federal law. The Employee is expected to adhere to the same standards of conduct.

17. Background Checks and Other Requirements

Option A: Employment is contingent upon the successful completion of a background check.

Option B: Employment is contingent upon the successful completion of a driving record check.

Option C: Employment is contingent upon the successful completion of a drug screening.

The Employer will comply with all applicable West Virginia privacy and employment laws regarding such checks.

18. Employee Conduct and Dress Code

The Employee is expected to conduct themselves in a professional and ethical manner at all times.

The Employee is required to adhere to the Employer's dress code, which is [Description of Dress Code].

19. Occupational Health and Safety

The Employee shall comply with all applicable occupational health and safety regulations and guidelines, including safe driving practices and reporting of work-related injuries, in accordance with West Virginia Workers' Compensation laws.

20. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved first through internal grievance procedures, then through mediation or arbitration, and finally through litigation in the courts of West Virginia, if necessary.

21. Company Property

The Employee shall be responsible for the proper use and safekeeping of all company property entrusted to them, including samples, demo inventory, and promotional materials. Upon termination of employment, the Employee shall return all company property to the Employer in good condition.

22. Required Notices

The Employee acknowledges that they have had the opportunity to review this Agreement and consult with legal counsel. The Employer will provide all required notices under West Virginia law.

23. Severability and Entire Agreement

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 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. This Agreement may only be amended by a written instrument signed by both parties.

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

_______________________________
[Employer Legal Name]

By: _______________________________
[Employer Contact Name], [Employer Contact Title]

_______________________________
[Employee Full Legal Name]

Date: _______________________________