Florida call center representative employment contract template

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How Florida call center representative employment contract Differ from Other States

  1. Florida has no state income tax, affecting payroll deductions and employee net pay compared to many other states.

  2. Employment in Florida is generally 'at-will', but state law includes specific protections against retaliation and discrimination.

  3. Florida law requires specific minimum wage and break time regulations, which may differ from federal or other states’ requirements.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for call center representatives in Florida?

    A: A written contract is not legally required, but it is strongly recommended for clarity and to protect both parties.

  • Q: What is the minimum wage for call center representatives in Florida?

    A: As of 2024, Florida’s minimum wage is $12.00 per hour, which may be higher than the federal minimum wage.

  • Q: Can a Florida call center representative be terminated without cause?

    A: Yes. Employment is generally 'at-will', allowing termination with or without cause, unless otherwise specified by contract.

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Florida Call Center Representative Employment Agreement

This Florida Full-Time Call Center Representative Employment Agreement (the "Agreement") is made and effective as of [Effective Date] by and between:

[Employer Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"), and

[Employee Full Legal Name], residing at [Employee Address] ("Employee").

1. Job Title and Description:

  • The Employer hereby employs the Employee as a Call Center Representative.
  • The Employee's core duties include, but are not limited to:
    • Handling inbound and outbound customer calls.
    • Following scripts and call flows.
    • Providing product/service information.
    • Resolving customer issues and complaints.
    • Documenting call outcomes accurately and completely.
    • Updating CRM systems in a timely manner.
    • Adhering to call quality and compliance scripts.
    • Meeting established call volume and performance targets.
    • Escalating issues per established protocol.
    • Participating in training sessions and team meetings.
    • Maintaining strict customer confidentiality.

2. Essential Qualifications:

  • The Employee must possess the following essential qualifications:
    • Excellent written and verbal communication skills.
    • Minimum typing speed of [Typing Speed] words per minute.
    • Demonstrated ability to multi-task effectively.
    • Proficiency in relevant call center platforms, including [CRM System Name].
    • [Option A:] Fluency in [Language] required.
    • [Option B:] Bilingual in [Language 1] and [Language 2] preferred.

3. Reporting Structure and Team Collaboration:

  • The Employee will report directly to [Supervisor Name], [Supervisor Title].
  • The Employee is expected to collaborate daily with their assigned team and participate actively in team meetings.

4. Work Location:

  • [Option A: On-site] The Employee's primary work location is on-site at the Employer's facility located at [Facility Address]. The Employee must adhere to all facility security and access protocols.
  • [Option B: Remote] The Employee will perform their duties remotely. The Employer will provide the Employee with the following equipment: headset, computer, and access to secure internet.
    • The Employee is responsible for maintaining a secure home office environment and adhering to all Employer data privacy requirements under Florida law.
    • The Employee consents to call recording for quality assurance and training purposes, in accordance with Florida's two-party consent law.
  • [Option C: Hybrid] The Employee will work under a hybrid schedule of in-office and remote days. Details of this hybrid work arrangement will be discussed and agreed upon separately.

5. Employment Classification and Work Hours:

  • The Employee's employment classification is full-time.
  • The Employee's scheduled weekly hours will be a minimum of [Number] hours.
    • The Employee's work schedule will be as follows: [Specific Work Schedule].
    • [Option A:] Shift bidding/assignment policies will be determined by seniority.
    • [Option B:] The Employer may adjust the Employee's schedule based on operational needs with reasonable notice.
    • The Employee may be required to work weekends and holidays as operationally required.
    • The process for shift swaps/coverages is as follows: [Shift Swap Process].

6. Meal and Rest Breaks:

  • [Option A: Breaks Provided] The Employee will be provided with a [Duration] minute unpaid meal break and two [Duration] minute paid rest breaks during each full workday.
    • The timing of these breaks will be determined by the Employee's supervisor in accordance with operational needs.
  • [Option B: No Mandatory Breaks] The Employer is not obligated to provide meal or rest breaks under Florida law, however, the employee is permitted to take brief respites from their workstation.
  • The Employee is required to accurately track their time using the Employer's [Time Tracking Method] system.
  • The Employee is expected to maintain punctuality and regular attendance.

7. Overtime:

  • The Employee is [Exempt/Non-Exempt] from overtime pay under the Fair Labor Standards Act (FLSA) and Florida law.
  • [If Non-Exempt]: Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked in excess of 40 in a workweek.
    • Overtime work must be pre-approved by the Employee's supervisor.

8. Compensation:

  • The Employee's compensation will be at a rate of [Dollar Amount] per hour.
  • The Employee's compensation will be paid [Frequency of Payment: e.g., biweekly] via [Method of Payment: e.g., direct deposit].
  • The pay cycle will be [Pay Cycle Details].

9. Incentive/Commission Program:

  • [Option A: Incentive Program] The Employee is eligible to participate in the Employer's incentive program, based on the following performance metrics: [Performance Metrics].
    • Eligibility and payout schedules are outlined in the Incentive Program Document.
    • The Employer reserves the right to modify or terminate the incentive program at any time.
    • The incentive program includes a clawback clause under which any previously paid bonus may be reclaimed in cases of fraud, gross misconduct, or termination.
  • [Option B: No Incentive Program] The Employee is not eligible for any incentive or commission program.

10. Benefits:

  • The Employee is eligible for the following benefits, subject to the terms and conditions of the respective plans:
    • Health insurance: Eligibility and waiting periods apply.
    • Dental insurance: Eligibility and waiting periods apply.
    • Vision insurance: Eligibility and waiting periods apply.
    • Life insurance: Eligibility and waiting periods apply.
    • 401(k) or retirement plan: Eligibility and vesting periods apply.
    • Paid time off (PTO): Accrual based on company policy.
      • Vacation time: [Number] days per year.
      • Sick days: [Number] days per year.
      • Personal days: [Number] days per year.
    • Company-observed holidays: [List of Holidays].
    • Family leave (per FMLA): Subject to eligibility requirements.
    • Florida-specific leave policies: Including [Details of Relevant Policy, e.g., domestic violence leave].
    • [Option: Employee Assistance Program (EAP)]: Details available upon request.

11. Training and Certification:

  • The Employee is required to complete the following training and certification programs:
    • Initial onboarding training.
    • Compliance training, including telemarketing regulations and PCI-DSS if handling payment information.
    • Refresher courses on updated scripts or product information.
    • [Mandatory Fees]: The employer will cover training related costs and fees, if any.

12. Confidentiality and Data Protection:

  • The Employee acknowledges that they will have access to confidential information, including personal information, customer records, proprietary scripts, and call recordings.
  • The Employee agrees to maintain the strict confidentiality of all such information and to comply with all applicable data protection laws, including Florida's Security of Confidential Personal Information Act.
  • If medical information is discussed, the Employee will adhere to HIPAA regulations.
  • If payment data is discussed, the Employee will adhere to PCI regulations.

13. Company Property:

  • All physical and digital property provided to the Employee by the Employer remains the property of the Employer.
  • The Employee is prohibited from retaining or using customer or business data without authorization.
  • Upon termination of employment, the Employee must return all company property, including computers, mobile devices, and any other materials containing confidential information.

14. Behavioral and Performance Standards:

  • The Employee is prohibited from using abusive or discriminatory language in the workplace or during customer interactions.
  • The Employee must maintain professional conduct during all calls and interactions.
  • The Employee's calls will be monitored for quality assurance (QA) purposes.
  • The Employee must adhere to all anti-spam and do-not-call list requirements in accordance with Florida and federal Telephone Consumer Protection Act (TCPA) regulations.
  • The Employee must adhere to the Employer's policy on workplace harassment and inclusion.

15. At-Will Employment:

  • The 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 applicable law.
    • The Employee may resign by providing [Number] days' written notice to the Employer.
    • The Employer may terminate the Employee's employment at any time, with or without cause.
    • [Option A: Severance Pay] In the event of involuntary termination without cause, the Employee may be eligible for severance pay as outlined in the company's severance policy.

16. Grounds for Immediate Dismissal:

  • The following are grounds for immediate dismissal:
    • Gross misconduct.
    • Violation of data privacy policies.
    • Breach of security policies.
    • Falsification of records.
    • Excessive absenteeism.
    • Customer abuse.
  • [Option: Progressive Discipline] The Employer follows a progressive discipline process, which may include written warnings and suspensions prior to termination, except in cases of the listed grounds for immediate dismissal.

17. Call Monitoring and Recording Consent:

The Employee expressly consents to call monitoring and recording by the Employer, in accordance with Florida Statutes Section 934.03, for training, quality assurance, and regulatory compliance purposes.

18. Dispute Resolution:

  • The Employer encourages the Employee to utilize the internal grievance process for resolving workplace disputes.
  • [Option A: Mediation/Arbitration] The Employer prefers mediation or arbitration as a means of resolving disputes arising out of this Agreement.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action arising out of this Agreement shall be brought in the state or federal courts located in [County Name] County, Florida.

19. Non-Solicitation and Non-Disclosure:

  • During the term of employment and for a period of [Number] months following termination, the Employee agrees not to solicit the Employer's customers or employees.
  • The Employee agrees not to disclose any confidential information belonging to the Employer, including customer lists, pricing information, or proprietary technology.
  • The above restrictions are reasonable in scope, duration, and geographic area and are necessary to protect the Employer's legitimate business interests.

20. Anti-Discrimination:

  • The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or any other characteristic protected by applicable federal, state, or local law.
  • The Employer prohibits sexual harassment and workplace violence. The Employee is encouraged to report any incidents of discrimination or harassment to [Contact Person/Department].

21. Occupational Safety:

  • The Employer is committed to providing a safe and healthy work environment in compliance with OSHA and Florida Department of Health requirements.
  • The Employee is required to report any workplace injuries or hazards to their supervisor immediately.
  • The Employer provides workers' compensation coverage as required by Florida law.
  • The Employer will provide reasonable accommodations to qualified individuals with disabilities as required by the Americans with Disabilities Act (ADA).

22. Computer/IT Usage and Security:

  • The Employee is prohibited from unauthorized use of the Employer's computer systems.
  • The Employee must adhere to the Employer's personal device use policies (BYOD).
  • The Employee must follow all security protocols for handling customer information.
  • Violations of computer/IT usage and security policies may result in disciplinary action, up to and including termination.

23. Telemarketing Compliance:

The Employee must comply with all applicable Florida telemarketing, robocall, and do-not-call requirements, including the Florida Telemarketing Act. The Employee is responsible for ensuring they avoid unlawful solicitation.

24. Identification, Background Checks, and Eligibility to Work:

  • The Employee must provide valid identification and proof of eligibility to work in the United States as required by law.
  • The Employee consents to a background check as a condition of employment.

25. Amendment, Severability, Assignment, and Entire Agreement:

  • This Agreement may be amended or modified only by a written instrument signed by both parties.
  • If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • This Agreement may not be assigned by the Employee without the prior written consent of the Employer.
  • 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.

26. Employer's Right to Reassign Duties and Adjust Schedules:

The Employer reserves the right to reassign duties, adjust schedules, or update scripts as necessitated by business changes, with reasonable advance notice to the Employee.

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

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Signature: ____________________________

Date: ____________________________

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