California customer service representative employment contract template

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How California customer service representative employment contract Differ from Other States

  1. California mandates stronger employee protections, including overtime, meal/rest breaks, and minimum wage rules that often exceed federal standards.

  2. Non-compete clauses are largely unenforceable in California, unlike many other states, and cannot restrict future employment opportunities.

  3. Employers in California must adhere to strict harassment and discrimination laws, requiring detailed policies and workplace training.

Frequently Asked Questions (FAQ)

  • Q: Is meal and rest break compliance mandatory in California?

    A: Yes. California law requires specific meal and rest breaks, and failing to provide them may result in significant penalties.

  • Q: Can a California customer service representative contract include a non-compete clause?

    A: No. Non-compete clauses are generally unenforceable in California, protecting employees’ rights to change jobs freely.

  • Q: What at-will employment disclaimer should appear in a California contract?

    A: California contracts should clearly state that employment is at-will and can be terminated by either party at any time.

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California Customer Service Representative Employment Agreement

This California Customer Service Representative Employment Agreement (the “Agreement”) is made and effective as of [Date] by and between [Employer Name], a [State of Incorporation] corporation, with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Position

Employee is hired as a Customer Service Representative.

Work Location:

  • Option A: In-Person at [Worksite Address].
  • Option B: Remote, with expectations to [describe remote work expectations, e.g., maintain a dedicated workspace, attend virtual meetings].
  • Option C: Hybrid, with work location as [Worksite Address] and remote work as needed or scheduled.
  • Option D: Primarily located at [Worksite Address], but employee may be required to travel to other locations in California to perform their work.

2. Job Duties

Employee will perform the following duties:

  • Responding to customer inquiries via phone, email, or live chat.
  • Managing customer complaints and resolutions.
  • Adhering to customer satisfaction protocols.
  • Documenting all customer interactions in CRM or designated systems.
  • Processing orders, returns, or account changes.
  • Collecting customer feedback.
  • Participating in ongoing training focused on product knowledge, soft skills, and compliance.
  • Maintaining a professional manner consistent with company policy.
  • Other duties as assigned.

3. Performance Metrics and Quality Assurance

Employee's performance will be evaluated based on the following metrics:

  • First call resolution rate target: [Percentage].
  • Response time targets: [Specific timeframes].
  • Case closure rates: [Number/timeframe].
  • Call monitoring requirements: [Frequency and metrics].
  • Minimum survey satisfaction scores: [Score range].

4. Reporting Line and Meetings

Employee will report to [Supervisor Name/Title].

Scheduled team meetings: [Frequency, e.g., Daily, Weekly] at [Time].

Ongoing coaching and calibration sessions will be conducted [Frequency, e.g., Bi-weekly, Monthly].

5. Employment Status and Work Schedule

Employment is full-time.

Regular work schedule:

  • Option A: [Number] hours per week, [Shift hours], Monday through Friday.
  • Option B: [Number] hours per week, [Shift hours], including evening/weekend/public holiday rotations as needed.

Meal and rest breaks: In accordance with California Wage Order 4.

Overtime eligibility: In accordance with California law (daily and weekly overtime, double time).

Timekeeping: Employee must accurately record all hours worked using [Timekeeping system]. Clock-in/out procedures: [Specific procedures].

6. Compensation

Pay structure:

  • Option A: Hourly, at a rate of [Dollar amount] per hour. Overtime rate: One and one-half times the regular rate of pay. Double-time rate: Two times the regular rate of pay.
  • Option B: Salaried, at an annualized wage of [Dollar amount]. Overtime is [eligible/not eligible] and will be paid as required by California law.

Wage payment: Wages will be paid [Frequency, e.g., Bi-weekly] via [Method of payment, e.g., Direct deposit].

Wage statement information: As required by California Labor Code.

Incentive programs:

  • Option A: Performance-based bonus program with details in Appendix A.
  • Option B: Attendance bonus program with details in Appendix B.

Commissions or bonuses: [Applicable/Not Applicable], see Appendix C for details.

7. Benefits

Employer will provide the following benefits:

  • Health, dental, and vision insurance.
  • Paid sick leave: Minimum 24 hours per year or equivalent, per California Healthy Workplaces, Healthy Families Act of 2014.
  • Vacation and holiday pay: Accrual and usage policies outlined in the Employee Handbook. Observed holidays: [List of observed holidays].
  • Paid rest breaks and meal periods.
  • Retirement plans: [401(k) plan, other retirement plans].
  • Commuter/transit aid: [Description of aid] (for in-person roles).
  • Telecommuting stipends and reimbursement: [Description of stipend and reimbursement policy] (if remote).
  • Education or professional development: [Description of program for customer service skills].
  • EAP and mental health resources.

8. Mandatory Disclosures

Wage Theft Prevention Act notice: Provided to Employee.

At-will status: Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.

Policy on Lactation Accommodation: Employer has a policy on lactation accommodation, which is provided to Employee.

Notice of Workers' Compensation Insurance Carrier: [Insurance Carrier Name], Policy Number: [Policy Number].

9. Training Obligations

Employee is required to participate in the following training programs:

  • Anti-harassment training: [Frequency].
  • Diversity and inclusion training: [Frequency].
  • Service etiquette training: [Frequency].
  • Call quality training: [Frequency].
  • ADA accommodations for customers: [Frequency].

10. Confidentiality

Employee agrees to maintain strict privacy and confidentiality regarding customer information (including PII and payment data), company procedures, and system access, in accordance with CCPA and applicable federal data privacy rules.

11. Remote Work Environment (If Applicable)

If working remotely, Employee agrees to:

  • Maintain confidentiality protocols.
  • Secure access to CRM and telephony platforms.
  • Use equipment provided by Employer.
  • Submit reimbursement requests for eligible business expenses (internet, phone, equipment maintenance) compliant with California Labor Code 2802.

12. Conduct Standards

Employee agrees to:

  • Adhere to company dress code (if in-person).
  • Maintain professional communication.
  • Uphold non-disparagement and respectful treatment of customers, colleagues, and supervisors.
  • Maintain zero tolerance for rudeness or inappropriate disclosure of customer/company information.

13. Anti-Discrimination and Anti-Harassment Policy

Employer maintains a strict anti-discrimination, equal employment, and anti-harassment policy in accordance with California's FEHA, prohibiting discrimination and harassment based on race, color, religion, sex, gender, gender expression, sexual orientation, national origin, age, disability, and all other protected classes. Employee is required to participate in regular anti-harassment training (AB 1825, SB 1343).

14. Non-Competition

Non-compete provisions are expressly omitted, as California prohibits non-compete clauses for this position. However, Employee acknowledges the restrictions on the use of confidential customer or company information after termination, as outlined in Section 17.

15. Termination of Employment

Voluntary Resignation: Employee must provide [Number] days' written notice of resignation.

Company-Initiated Separation: Employer may terminate employment at any time, consistent with at-will employment.

Final Wage Payment: Final wages will be paid within California-mandated timelines.

Return of Company Property: Employee must return all company property upon termination.

Exit Interviews: Employee agrees to participate in an exit interview if requested.

Compliance with required notices: COBRA, final wage statement, unemployment insurance information will be provided upon termination.

16. Dispute Resolution

The parties agree to prioritize internal complaint processes, followed by mediation/arbitration, with California law and local court jurisdiction governing any disputes arising under this Agreement.

17. Workplace Safety

Employer maintains policies regarding workplace safety, ergonomic and safe work environments (Cal/OSHA), access to restrooms and breaks, emergency procedures for onsite/remote work, and sexual harassment prevention.

18. Acknowledgement of Workplace Posters and Policies

Employee acknowledges receipt and understanding of all required workplace posters and policies as mandated by California law (including Paid Sick Leave, Minimum Wage, Whistleblower, and Gender Equity notices).

19. Reporting Legal or Regulatory Violations

Employee is obligated to report any potential legal or regulatory violations witnessed in customer interactions. Employer has a process for escalating threats or abuse received by frontline staff.

20. Trade Secrets and Intellectual Property

Employee acknowledges that customer lists, unique scripts, and internal troubleshooting procedures constitute trade secrets, intellectual property, and proprietary information of the Employer. Employee agrees to protect such information during and after employment.

21. Acknowledgement

By signing below, the Employee acknowledges that they have read, understand, and agree to the terms and conditions of this California Customer Service Representative Employment Agreement.

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

Date: [Date]

[Employee Name]

Signature: ____________________________

Date: [Date]

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