Delaware customer service representative employment contract template

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How Delaware customer service representative employment contract Differ from Other States

  1. Delaware requires all final paychecks, including earned commissions and bonuses, to be paid no later than the next regular payday.

  2. Delaware has specific state-mandated anti-discrimination protections that exceed federal standards and must be included in employment terms.

  3. Non-compete clauses in Delaware must be reasonable and not overly restrictive, with particular limitations for low-wage workers.

Frequently Asked Questions (FAQ)

  • Q: Is at-will employment recognized in Delaware?

    A: Yes, Delaware is an at-will employment state unless otherwise stated in the contract, allowing either party to terminate employment at any time.

  • Q: Does Delaware law require meal and rest breaks for customer service representatives?

    A: No, Delaware does not require employers to provide meal or rest breaks, but it is recommended to outline any policies in the contract.

  • Q: Do I need to include specific anti-harassment policies in the contract?

    A: Including anti-harassment policies is strongly recommended to comply with Delaware law and foster a safe workplace environment.

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Delaware Customer Service Representative Employment Contract

This Delaware Customer Service Representative Employment Contract ("Agreement") is made and entered into as of [Date], by and between [Employer Name], a company organized and existing under the laws of Delaware, with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

1. Position

  • The Employer hires Employee as a full-time Customer Service Representative.
    • Option A: This is a new position.
    • Option B: This is a replacement position for [Previous Employee Name].

2. Job Responsibilities

  • Employee will perform the following duties, among others:
    • Answering customer inquiries via phone, email, chat, and in-person (if applicable).
    • Documenting all customer interactions in the company’s CRM or case management system.
    • Problem-solving and complaint resolution.
    • Escalating issues to appropriate personnel when necessary.
    • Handling returns and processing refunds or exchanges.
    • Product/service troubleshooting.
    • Adhering to company customer service standards, scripts, and quality assurance metrics.
    • Participating in ongoing product and service training.
    • Collecting and reporting customer feedback.
    • Upselling or cross-selling as directed.
    • Managing confidential customer information per company and legal requirements.
    • Compliance with all relevant company communication policies.
    • Other duties as assigned.

3. Required Skills

  • Employee represents that they possess the following skills:
    • Proficiency in relevant CRM platforms ([CRM Platform Name]).
    • Proficiency in call center software ([Call Center Software Name]).
    • Proficiency in telephony systems.
    • Data entry accuracy.
    • Excellent verbal and written communication skills.
    • Conflict de-escalation techniques.

4. Reporting Requirements

  • Employee will report directly to [Supervisor Name], [Supervisor Title].
    • Option A: Performance will be reviewed [Review Frequency, e.g., quarterly, annually].
    • Option B: Performance will be evaluated based on the following benchmarks: call handling time, customer satisfaction scores, first contact resolution rates.
    • Employee will provide [Frequency, e.g., daily, weekly] reports on [Report Content, e.g., call volume, resolution rate].
    • Employee will participate in scheduled team meetings, training sessions, and quality calibration reviews.

5. Work Location

  • Employee's primary work location will be at [Company Address in Delaware].
    • Option A: Remote work is permitted under the following conditions: [Remote Work Policy]. This includes compliance with Delaware's home-based work safety and data security norms.
    • Option B: This position is entirely on-site.
    • The Employer will provide the following equipment and IT support: [List of Provided Equipment].
    • Employee will adhere to the following protocols for secure handling of customer data outside the physical office: [Data Security Protocols].

6. Employment Type and Work Hours

  • Employee's employment is full-time.
    • Employee's work hours will be [Number] hours per week, scheduled as follows: [Specific Work Schedule].
    • Option A: Employee will work a fixed shift.
    • Option B: Employee will work a rotating shift.
    • Option C: Employee will work a flexible shift, subject to Employer approval.
    • Lunch and rest break schedules will comply with Delaware law and company policy. Employer provides [Break Policy, e.g., 30-minute unpaid lunch, two 15-minute paid breaks].
    • Overtime work requires prior approval from [Approving Manager/Department]. Overtime will be paid at 1.5x the regular rate.

7. Compensation

  • Employee's compensation will be [Dollar Amount] per [Hour/Year].
    • Payment will be made [Payment Frequency, e.g., bi-weekly, semi-monthly] on [Day of the Week/Month]. Payments will be made in accordance with the Delaware Wage Payment and Collection Act.
    • Overtime pay will be at 1.5x the regular rate for hours worked over 40 in a workweek.
    • Option A: Employee is eligible for a shift differential of [Dollar Amount] for night/weekend/holiday work.
    • Option B: Employee is eligible for performance bonuses or incentives tied to customer satisfaction or productivity metrics, as determined by the Employer.
    • Option C: Employee is eligible for commissions or upselling bonuses.
    • Wage deductions will only be made in compliance with Delaware law, for legal or written employee-authorized categories only.

8. Benefits

  • Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
    • Health insurance.
    • Dental insurance.
    • Vision insurance.
    • Option A: Short-term disability insurance.
    • Option B: Long-term disability insurance.
    • Life insurance.
    • Retirement plan/401(k) eligibility.
    • Paid time off (PTO), including vacation, sick leave (as per company policy), personal days, and bereavement leave. The Employer provides [Number] days of vacation per year, and [Number] days of sick leave per year.
    • Paid/unpaid holidays: [List of Holidays].
    • Option A: Parental leave (specify any provided beyond state or federal mandates): [Parental Leave Policy]. Delaware has no maternity or paternity leave mandate.
    • Option B: Employee Assistance Program (EAP).
    • Option C: Training/reimbursement for customer service certifications as relevant to the role.

9. Company Equipment

  • Employee will use company-provided equipment, including [List of Equipment].
    • Employee is responsible for the proper use, maintenance, and return of all company equipment.
    • Employee must report any technical issues to [IT Department/Contact Person].

10. Data Privacy and Confidentiality

  • Employee will handle customer data, including [Types of Data].
    • Employee will comply with Delaware’s data breach and disclosure laws, as well as the company’s policies regarding customer PII.
    • Employee is restricted from sharing customer data internally or externally, except as required for job duties and in compliance with company policy.

11. Intellectual Property and Work Product

All scripts, training materials, customer interaction improvements, or other job-related innovations created by Employee are the property of the Employer.

12. Conduct and Appearance

  • Employee will adhere to the following conduct and appearance standards:
    • Dress code for in-person work: [Dress Code Description].
    • Dress code for remote work: [Dress Code Description].
    • Professional communication protocols.
    • Adherence to language, courtesy, and empathy standards in all customer interactions.
    • Compliance with anti-harassment, anti-discrimination, and equal opportunity mandates (including Delaware-protected categories).
    • Procedures for reporting harassment or discrimination per Delaware's Department of Labor requirements.

13. At-Will Employment

Employee's employment is at-will, as recognized under Delaware law. This means that either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable legal requirements.

14. Termination

  • Voluntary Resignation: Employee must provide [Number] days written notice of resignation.
    • Employer-Initiated Termination:
      • For Cause: Employer may terminate employment for cause.
      • Without Cause: Employer may terminate employment without cause.
      • Layoffs/Position Elimination: Employer may terminate employment due to layoffs or position elimination.
    • Final Paycheck: Employee's final paycheck will be provided in accordance with Delaware law (next regular payday for resignation, next business day following discharge).
    • Severance: [Severance Policy, e.g., Employee is/is not eligible for severance pay].
    • COBRA Notice: Employee will receive a COBRA notice regarding continuation of health insurance coverage.
    • Return of Property: Employee must return all company property and confidential materials upon termination.

15. Non-Solicitation and Non-Disclosure

  • Employee agrees not to solicit the Employer's customers or employees for a period of [Number] months following termination of employment.
  • Employee will maintain the confidentiality of the Employer's confidential information, including trade secrets and customer data.

16. Non-Compete

  • [Option A: Include a narrowly scoped non-compete clause]: Employee agrees not to work for a direct competitor of the Employer within a [Number] mile radius for a period of [Number] months following termination of employment, but solely in a capacity that directly competes with the specific customer service functions performed for the Employer.
  • [Option B: State that there is no non-compete agreement]: There is no non-compete agreement associated with this employment.

17. Dispute Resolution

  • Any disputes arising out of or relating to this Agreement will be resolved as follows:
    • Internal Grievance Process: Employee will first attempt to resolve the dispute through the Employer's internal grievance process.
    • Mediation/Arbitration: If the dispute is not resolved through the internal grievance process, the parties agree to [Mediation/Arbitration] before resorting to court action.
    • Governing Law and Venue: This Agreement will be governed by and construed in accordance with the laws of the State of Delaware. The venue for any legal action will be in [County Name] County, Delaware.
    • Compliance with Delaware Law: This agreement is intended to comply with Delaware’s Wage Payment and Collection Act, employment discrimination laws, and data security regulations.

18. Workplace Notices and Postings

The Employer will maintain all required workplace notices and postings in compliance with Delaware labor regulations.

19. Safety and Accommodations

  • The Employer will adhere to OSHA state safety requirements for call centers or office work.
  • The Employer will provide reasonable accommodations for disabilities under both the federal ADA and the Delaware Equal Accommodations Law.

20. Training

Employee will participate in mandatory training for sexual harassment prevention, workplace safety, and company customer service policies.

21. Call Recording and Monitoring

Employee acknowledges that customer calls may be recorded and monitored for quality assurance and training purposes. Employee will disclose this to customers in accordance with Delaware's one-party consent recording law.

22. Policy Adjustments and Reassignment

All terms of this Agreement are subject to adjustment for business needs. Employee may be reassigned to different customer service channels (inbound, outbound, technical support, etc.) based on company requirements.

23. Acknowledgment

Employee acknowledges receipt and understanding of the Employer's employee handbook and relevant customer service policies.

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

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Name]

Signature: ____________________________

Date: [Date]

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