Wisconsin sales representative employment contract template

Wisconsin Sales Representative Employment Contract

This Wisconsin Sales Representative Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Employer Full Legal Name], a [State] [Entity Type] with its principal place of business at [Employer Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).

1. Employment

• The Employer hereby employs Employee as a Sales Representative, and Employee hereby accepts such employment, subject to the terms and conditions hereinafter set forth.
• Option A: This is a full-time employment agreement.
• Option B: This is a part-time employment agreement.

2. Job Responsibilities

• Employee shall perform the following duties and responsibilities:
• Prospecting for new clients and generating leads.
• Conducting client meetings and product/service presentations.
• Managing sales pipeline and providing accurate forecasts.
• Preparing and delivering quotes and proposals.
• Closing sales and achieving sales targets/quotas.
• Providing post-sale account management and customer service.
• Building and maintaining strong customer relationships.
• Maintaining accurate records in the company's CRM system.
• Submitting regular reports to designated supervisors/sales managers.
• Attending company and sales training sessions.
• Participating in marketing and promotional events.
• Submitting timely expense reports.

3. Territory and Travel

• Employee's sales territory shall be:
• Option A: Geographically defined as [Geographic Area, e.g., Southeastern Wisconsin].
• Option B: Sector-based, focusing on [Industry Sector, e.g., Healthcare].
• Option C: Assigned accounts: [List of Assigned Accounts].
• Employee is expected to travel within the territory and may be required to travel [Frequency, e.g., Regularly, Occasionally] for in-state, multi-state, or national sales activities.

4. Work Hours and Commitment

• Employee's position is a full-time position. Employee is expected to work [Number] hours per week.
• The standard work schedule is [Days of the week], from [Start Time] to [End Time].
• Overtime eligibility will be determined in accordance with Wisconsin labor laws.
• The Employer's policy regarding compensatory time is: [Comp Time Policy].
• Employee is entitled to a [Duration] lunch break and [Number] rest breaks per day.
• Option A: Remote work is not permitted under this agreement.
• Option B: Remote work is permitted subject to the Employer's remote work policy.

5. Compensation

• Employee's compensation shall consist of the following:
• Base Salary: [Dollar Amount] per [Pay Period, e.g., year, month].
• Commission: [Commission Rate] of [Sales Amount/Revenue].
  • Commission is earned upon [Triggering Event, e.g., Invoice Payment].
  • Clawback provisions: [Clawback Terms, e.g., Commission may be clawed back if a sale is cancelled within X days].
  • Option A: Residual commissions will be paid on renewal business.
  • Option B: Residual commissions will not be paid on renewal business.
  • Commissions will be paid [Payment Frequency, e.g., Monthly].
  • Outstanding commissions upon termination will be paid as follows: [Terms for Payout of Commissions Upon Termination].
• Bonus/Incentive Plan: Employee may be eligible for bonuses based on achieving sales goals as defined in [Bonus Plan Document].
• Method of Payment: [Direct Deposit, Check].
• Travel Expenses: Employee will be reimbursed for reasonable travel expenses incurred in the performance of their duties, subject to the Employer's expense reimbursement policy.
• Entertainment and Client Gifts: Reimbursement for client entertainment and gifts will be provided subject to Employer's policy and pre-approval requirements.
• Option A: A company car will be provided.
• Option B: Mileage reimbursement will be provided at the rate of [Rate] per mile.
• Option C: A technology/professional expense allowance of [Dollar Amount] per [Pay Period] will be provided.

6. Benefits

• Employee shall be eligible for the following benefits, subject to the terms and conditions of the Employer's benefit plans:
• Health Insurance
• Dental Insurance
• Vision Insurance
• Retirement Plan [401k, Other]
• Paid Vacation: [Number] days per year.
• Sick Leave: [Number] days per year.
• Family and Medical Leave: As provided under the Family and Medical Leave Act (FMLA) and Wisconsin Family and Medical Leave Act (WFMLA).
• Personal Days: [Number] days per year.
• Bereavement Leave: As per company policy.
• Observed Wisconsin Public Holidays: [List of Holidays].
• Option A: Sales contests and incentive trips may be offered.
• Option B: Recognition programs will be in place.

7. Reporting and Performance Reviews

• Employee shall report directly to [Supervisor Title].
• Employee's performance will be reviewed [Frequency, e.g., Annually, Semi-Annually].
• Performance expectations are defined in [Performance Expectations Document].
• Procedures for addressing underperformance, including performance improvement plans, will be as follows: [Performance Improvement Plan Procedures].

8. Confidentiality

Employee acknowledges that they will have access to confidential information, including, but not limited to, proprietary product information, pricing strategies, customer lists, and business strategies. Employee agrees to hold such information in strict confidence and not to disclose it to any third party, consistent with Wisconsin's Uniform Trade Secrets Act.

This confidentiality obligation shall continue after the termination of employment.

9. Intellectual Property

All intellectual property, including sales materials, customer lists, and market research, developed or acquired by Employee during their employment shall be the sole property of the Employer.

10. Conflicts of Interest

Employee agrees to avoid all conflicts of interest, including self-dealing, acceptance of unauthorized incentives from customers or suppliers, and participation in competing businesses without the Employer's written consent.

11. Non-Solicitation

During the term of employment and for a period of [Number] months following termination of employment, Employee shall not solicit, directly or indirectly, any customers or employees of the Employer. This restriction is limited to [Geographic Area].

12. Non-Compete

• Option A: There is no non-compete clause in this agreement.
• Option B: Employee agrees that during the term of employment and for a period of [Number] months following termination of employment, Employee will not engage in any business that directly competes with the Employer within [Geographic Area]. This restriction is ancillary to employment, reasonable in scope, time, and geography, and no broader than necessary to protect the Employer's legitimate business interests under Wisconsin law. This provision is supported by adequate consideration and is designed to protect the Employer's confidential information and customer relationships.

13. At-Will Employment and Termination

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 or notice, subject to the following:

• Grounds for dismissal include: [List of Grounds, e.g., Performance, Misconduct].
• Minimum notice period: [Number] days.
• Severance pay or benefits: [Severance Terms].
• Payout of accrued commissions or bonuses on separation: [Terms for Payout of Commissions/Bonuses Upon Termination].
• Employee shall return all company property and confidential information upon termination.

14. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through negotiation, and if unsuccessful, through mediation or arbitration in [City, Wisconsin], before resorting to litigation. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin.

15. Compliance with Laws

Employee agrees to comply with all applicable federal and state employment laws, including anti-discrimination laws, anti-harassment laws, workplace safety laws, and the Wisconsin Fair Employment Act.

16. Authorization to Work

Employee represents and warrants that they are authorized to work in the United States and possess any required Wisconsin-specific licenses or registrations required for sales in regulated industries.

17. Company Property

Employee shall be responsible for the safeguarding of company property, including mobile phones, laptops, samples, and demo equipment. Employee shall use such property only for authorized business purposes and shall return all such property upon termination of employment.

18. Compliance with Standards

Employee shall comply with all relevant marketing and advertising standards, anti-bribery/anti-kickback statutes, the Wisconsin Consumer Act, and any industry or product-specific regulations.

19. Business/Travel Expenses

Employee is eligible for reimbursement of reasonable business and travel expenses incurred in connection with their duties, subject to the Employer's expense reimbursement policy. Eligibility for advance payments, documentation requirements, maximum reimbursements, and approval processes are detailed in [Expense Reimbursement Policy Document].

20. Customer Information and Data Privacy

Employee shall use company customer information databases only for authorized business purposes and shall not download, share, or retain sensitive data in violation of data privacy and security laws. Employee's conduct on social media and electronic communications must comply with Employer's policy.

21. Amendments and Waivers

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

22. Full 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, between the parties with respect to such subject matter.

23. Severability

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

24. Assignment

This Agreement may not be assigned or delegated by Employee without the prior written consent of Employer.

25. Signatures

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

[Employer Full Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Employee Full Legal Name]

[Employee Signature]