Employment Agreement with a Manager of a Retail Paper and Products Store
Employment Agreement made on the _____ day of ____________, 20_____,
between ________________ (Name of Manager) , _____________________________
__________________________ (street address, city, county, state, zip code) ,
referred to herein as Manager , and ___________________ (Name of Store Owner) , a
corporation organized and existing under the laws of the state of ______________, with
its principal office located at _______________________________________________
_________________________ (street address, city, county, state, zip code) ,
referred to herein as Employer .
F or and in consideration of the mutual covenants contained in this Agreement,
and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Employment of Manager
Employer hereby employs Manager, and Manager enters into the employment of
Employer as of ___________________ (commencement date) , for a five (5) year term
as the Manager of a Retail Paper and Products Store owned by Employer and known
as ___________________ ( name of store) which is located at ___________________
________________________ (street address, city, county, state, zip code) .
2. Compensation
Employer shall pay Manager and Manager shall accept from Employer as full
compensation for all services to be rendered by Manager $___________ per month on
the _____day of each month that Manager is in the employ of Employer .
3. Price and Inventory Control
A. Manager shall have charge of the above-indicated store, stock, and
fixtures located and contained in such store and shall supervise the sale of
merchandise at prices fixed by Employer .
B. Sales shall be made for cash or credit, and on making such sales, whether
for cash or credit, Manager shall make a complete and accurate record of each
sale on the forms supplied to him from time to time by Employer .
4. Manager’s Duty to Keep Accounts
A. Manager shall daily report to Employer at its home office on the forms
supplied Manager by Employer all cash sales, credit sales, exchanges, returns,
checks, and money orders received, cash received, cash disbursed, and such
other matters as Employer may from time to time direct or request.
B. All reports to be sent to Employer under the provisions of this section must
be personally checked and signed by Manager.
C. All cash, checks, and money orders received in the store shall be
deposited daily in the depository designated by Employer to the account of
Employer , and a duplicate of such deposit slip shall be sent to the home office of
Employer with Manager’s daily report.
D. All merchandise received, transferred to any other store, or returned to the
manufacturer shall be reported daily to the home office of Employer on special
merchandise report forms. Allowance made to a customer for any reason
whatsoever shall be reported to the home office of Employer and shall only be
made after such customer shall have signed a receipt, which receipt shall
immediately be mailed to the home office accompanying the report of that day.
5. Drawing Account
Manager shall not make any expenditures without the consent of Employer ,
provided, however, that Manager may, out of cash receipts, make payment for freight
and expense charges, and pay disbursements, which shall not exceed $________ for
any one item.
6. Contracting for Employer
Manager shall not, without the written consent of Employer , negotiate or enter
into any contract whatsoever, oral or in writing, for any work or for the purchase of
merchandise for the store, in Manager own name or the name of Employer , or in the
name of the store.
7. Approval of Expenditures
All proposed contracts requiring the expenditure of money or the assumption of
any obligation must be first submitted to and approved by a duly authorized officer of
Employer in writing.
8. Inventory
Manager shall, whenever required by Employer, take inventory of the stock on
hand in the store that he manages.
9. Best Efforts
Manager shall devote her whole time, energy, and attention to the performance
of the duties under this Agreement, subject at all times to the direction and control of
Employer , and Manager shall promptly obey and comply with all rules, regulations, and
orders that may from time to time be issued by Employer .
10. Other Employment
Manager shall not directly or indirectly represent or be engaged by or be in the
employ of any other person, firm, corporation, or other entity, or be engaged or
interested in any other business or enterprise whatsoever while Manager is in the
employ of Employer .
11. Security
A. Manager shall be responsible for the daily opening and closing of the store
and for the retention of the key or keys to the store.
B. With the exception of delegating the task of opening or closing the store or
the retention of the key or keys for the store to the assistant manager, Manager
shall not permit any employee of the store to carry the key or keys for the store or
to have access to the store except during the usual business hours.
12. Manager’s Responsibility
A. Manager shall be responsible to Employer for all merchandise,
furnishings, and fixtures now in the store or that may, after the effective date of
this Agreement, be placed in the store.
B. If, on any inventory taken, there shall be a shortage of merchandise, cash,
stock, or fixtures, Manager shall immediately on discovery of such shortage
render a report to the home office of Employer , and if the loss is thought to have
been caused by theft, Manager shall report the suspected theft to the police.
13. Confidential Reports
Manager shall at all times keep secret all information of Employer’s customers'
list and information concerning customers, and Manager shall not divulge any
confidential information in relation to the business of Employer to any person, firm,
corporation, or other entity.
14. Vacation and Holidays
Manager s hall be entitled to ______ (number) days of paid vacation each year
during the term of this Agreement, the time for such vacation to be determined by
mutual agreement between Employer and Manager. Manager shall also be entitled to
six (6) paid holidays per year, said holidays to be determined by mutual agreement
between Employer and Manager
15. Termination
A. I t is agreed by the parties that Manager may terminate this Agreement on
one month's notice at the end of any month by Manager’s giving to Employer at
the home office one month's written notice of her intention to terminate her
employment. Notwithstanding the foregoing, Manager agrees to continue this
Agreement for a reasonable period of time until a replacement for her may be
hired and trained for this position.
B. In the event of any violation by Manager of any of the terms of this
Agreement, Employer may terminate Manager’s employment without notice and
with compensation to Manager only to the date of such termination.
C. It is further agreed that any breach or evasion of any of the terms of this
Agreement by either party will result in immediate and irreparable injury to the
other party and will authorize recourse to injunction and or specific performance
as well as to all other legal or equitable remedies to which such injured party may
be entitled under this Agreement.
16. Termination for Disability
A. Notwithstanding anything herein to the contrary, Employer has the option
to terminate this Agreement if Manager shall, during the term of this Agreement,
become permanently disabled as the term permanently disabled is fixed and
defined in this Section. Such option shall be exercised by Employer giving notice
to Manager by certified or registered mail, addressed to her at _______________
_____________________________________ (street address, city, state, zip
code) , or at such other address as Manager shall designate in writing, of
Employer's intention to terminate this Agreement on the last day of the month
during which such notice is mailed. On the giving of such notice, this Agreement
shall cease on the last day of the month in which the notice is so mailed, with the
same force and effect as if such last day of the month were the date originally set
forth in this Agreement as the termination date of this Agreement.
B. For the purposes of this Agreement, Manager shall be deemed to have
become permanently disabled , if, during any year of the term of this Agreement,
because of ill health, physical or mental disability or for other causes beyond
Manager's control she shall have been continuously unable or unwilling or shall
have failed to perform her duties under this Agreement for _______ (number)
consecutive days, or if, during any year of the term of this Agreement, Manager
shall have been unable or unwilling or shall have failed to perform her duties for a
total period of _______ (number) days, irrespective of whether or not such days
are consecutive. For the purposes of this Agreement, the phrase any year of the
term of this Agreement is defined to mean any 12-calendar-months period
commencing on _____________ ( date) , and terminating on ______________
(date) , during the term of this Agreement.
17. Termination Pay
If Manager’s services with Employer should terminate, Manager will not receive
any termination pay other than the salary that is due her up to the date of the
termination of her services.
18. No Waiver
The failure of either party to this Agreement to insist upon the performance of any
of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving
any such terms and conditions, but the same shall continue and remain in full force and
effect as if no such forbearance or waiver had occurred.
19. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance
with the laws of the State of ______________.
20. Mandatory Arbitration
Notwithstanding the foregoing, and anything herein to the contrary, any dispute
under this Agreement shall be required to be resolved by binding arbitration of the
parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected
shall arbitrate said dispute. The arbitration shall be governed by the rules of the
American Arbitration Association then in force and effect.
21. Entire Agreement
This Agreement shall constitute the entire agreement between the parties and
any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in
this Agreement.
22. Modification of Agreement
Any modification of this Agreement or additional obligation assumed by either
party in connection with this Agreement shall be binding only if placed in writing and
signed by each party or an authorized representative of each party.
23. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may
not be assigned or transferred to any other person, firm, corporation, or other entity
without the prior, express, and written consent of the other party.
24. Compliance with Laws
In performing under this Agreement, all applicable governmental laws,
regulations, orders, and other rules of duly-constituted authority will be followed and
complied with in all respects by both parties.
25. In this Agreement, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.
26. Counterparts
This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and
the same instrument.
WITNESS our signatures as of the day and date first above stated.
_______________________
(Name of Employer)
________________________ By: _______________________
(P rinted Name of Manager) _______________________
________________________ (P rinted Name & Office in Corporation)
(Signature of Manager) _______________________
(Signature of Officer)