This is an agreement between an employer and an employee outlining the terms and
conditions of employment, such as compensation and benefits. The agreement also
contains several covenants, including a non-disclosure and confidentiality provision that
prohibits the employee from disclosing the company’s confidential information and two
non-solicitation provisions that prohibit the employee from soliciting the company’s
customers and/or other employees for a specified period of time after termination. The
agreement also contains an arbitration provision and an attorneys’ fee clause. This
employment agreement should be retained by the human resources department and
kept in the employee’s personnel file.
SALESPERSON EMPLOYMENT AGREEMENT
THIS SALESPERSON EMPLOYMENT AGREEMENT (this “Agreement”) is made and
entered into as of__________ ____, ______ by and between ____________________
(“Employer”) and ___________________ (“Employee”).
WHEREAS, Employer wishes to hire Employee on the terms and conditions of this Agreement;
WHEREAS, Employee wishes to work for Employer as provided on the terms and conditions of
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other
good and valuable consideration as set forth herein, Employer and Employee hereby agree as
1. DESCRIPTION OF DUTIES
A. Name of Position. Employee shall be employed in the capacity of a Salesperson.
B. Essential Job Functions and Duties. The essential job functions or duties of this
position are as follows:
[DESCRIBE ESSENTIAL JOB FUNCTIONS].
C. Additional Responsibilities: Employee shall also perform such other duties in the
ordinary course of business as performed by other persons in similar such positions, as
well as such other reasonable duties as may be assigned from time to time by
D. Duty of Loyalty and Best Efforts: Employee shall devote Employee's best efforts and
substantially all of Employee's working time to performing the duties on behalf of
Employer. Employee shall provide services during the hours that are scheduled by
Employer. Employee shall be prompt in reporting to work at the assigned time.
E. Place and Hours of Employment: Employee agrees that his/her duties shall be rendered
at Employer’s business premises or at such other places as Employer may require. Full
time service from Employee is expected, which requires a minimum of (__) hours per
A. Base Compensation: Employee shall receive a salary of
____________________________________ per [HOUR/WEEK/MONTH] payable
in equal installments in accordance with the ordinary and customary payroll practices
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of Employer. Employer shall deduct or withhold from compensation any and all sums
required for federal income and social security taxes, as well as all state or local taxes.
B. Commission: As additional compensation for services to be rendered under this
Agreement, Employee shall be entitled to commission income on the following basis:
[DESCRIBE BASIS OF COMMISSIONS].
C. Expense Reimbursement: Employee shall be entitled to reimbursement of all
reasonable expenses authorized and reasonably incurred in the performance of his/her
duties under this Agreement, subject to reasonable expense reimbursement policies as
may be instituted from time to time by Employer. To receive reimbursement,
Employee shall timely provide Employer with an itemized account of all expenditures
D. Salary Adjustments: Employer may, at times, adjust salaries depending on Employee’s
performance, overall performance of Employer, and other competitive factors.
A. Insurance: To the extent offered and maintained by Employer, Employee shall be
entitled to participate in Employer’s medical and dental plans, life and disability
insurance plans, and retirement plans, pursuant to their terms and conditions.
Employee shall be entitled to participate in any other benefit plan offered by Employer
to its employees during the term of this Agreement, other than stock option or stock
incentive plans. Nothing in this Agreement shall be construed as requiring Employer or
any affiliate of Employer to offer or maintain any particular employee benefit plan or
program or preclude Employer from terminating same from time to time.
B. Vacation: Employee shall be entitled to weeks of vacation for each year of full
employment, exclusive of legal holidays, as long as the scheduling of Employee's
vacation does not interfere with Employer’s normal business operations.
Employee’s employment with Employer is “at will”. “At will” is defined as allowing
either Employee or Employer to terminate their employment agreement at any time, for
any reason permitted by law, with or without cause, and with or without notice.
A. Non-Disclosure Proprietary or Confidential Information: Employee agrees not to use,
disclose, or communicate proprietary or confidential information about Employer, its
operations, customers, or any other proprietary or confidential information, that relates
to Employer’s business. Employee understands that any breach of this provision, or of
any other confidentiality or non-disclosure agreem