Massachusetts call center representative employment contract template

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How Massachusetts call center representative employment contract Differ from Other States

  1. Massachusetts imposes strict wage and hour requirements, including daily overtime calculations that may exceed federal or other states’ laws.

  2. State law mandates robust anti-discrimination policies and requires regular sexual harassment prevention training for all employees.

  3. Massachusetts enforces comprehensive paid sick leave accrual, which can be more generous than policies found in many other states.

Frequently Asked Questions (FAQ)

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

    A: No, a written contract is not legally required, but it provides clear terms and helps protect both parties’ interests.

  • Q: Does Massachusetts law require specific breaks for call center employees?

    A: Yes, employees working more than 6 hours must receive a 30-minute meal break, as mandated by Massachusetts law.

  • Q: Are non-compete clauses enforceable in Massachusetts call center employment contracts?

    A: Non-compete clauses are permitted but subject to strict regulations and must meet reasonableness standards under state law.

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Massachusetts Call Center Representative Employment Agreement

This Massachusetts Call Center Representative Employment Agreement (the "Agreement") is made and effective as of [Date] by and between:

[Employer Name], a [State] [Entity Type, e.g., Corporation], with a principal place of business at [Employer Address] ("Employer"), and

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

Position

The Employer hereby employs the Employee as a Call Center Representative.

The Employee accepts such employment and agrees to perform the following duties:

  • Answering inbound customer calls.
  • Making outbound follow-up calls as assigned.
  • Providing telephone customer support based on defined scripts and procedures.
  • Entering call details into designated CRM systems.
  • Managing sensitive customer information according to company and regulatory protocols.
  • Complying with rules for call monitoring and quality assessment.
  • Adhering to call performance metrics (such as average handle time, call volume, customer satisfaction rating).
  • Engaging in required training and coaching sessions.

Work Location

Option A: The Employee's primary work location will be the Employer’s call center located at [Call Center Address] in Massachusetts.

Option B: The Employee will perform their duties remotely from a location within Massachusetts approved by the Employer.

  • The Employee is responsible for providing and maintaining a suitable workspace.
  • The Employer will provide and maintain computer hardware and a secure phone system.
  • The Employee will maintain a high-speed internet connection and noise reduction equipment as needed.
  • The Employee will comply with all data privacy requirements under Massachusetts law, including encryption, record retention, and secure disposal of customer data.

Hours of Work

The Employee's standard full-time hours will be [Number] hours per week.

Option A: The Employee's shift schedule will be [Days of Week], from [Start Time] to [End Time].

Option B: The Employee's shift schedule will be determined by the Employer, with reasonable notice provided to the Employee.

The Employee will be entitled to a [Length] minute lunch break and Massachusetts-mandated rest periods.

Procedures for scheduling, shift swaps, and mandatory overtime will be as outlined in the Employer's policy handbook.

  • Overtime will be compensated at not less than one and one-half times the regular rate for hours exceeding 40 in a workweek, in accordance with Massachusetts law.

Compensation

Option A: The Employee's wage will be [Dollar Amount] per hour.

Option B: The Employee's salary will be [Dollar Amount] per week.

The Employee will be paid [Frequency, e.g., weekly, bi-weekly] via [Payment Method, e.g., direct deposit].

Overtime pay will be calculated and paid in accordance with Massachusetts law.

Option A: A shift differential of [Dollar Amount] per hour will be paid for hours worked between [Start Time] and [End Time].

Option B: The Employee may be eligible for incentives based on call volume or quality scores, as outlined in the Employer's incentive plan.

Option C: The Employee may be eligible for sales commissions as outlined in a separate sales commission agreement.

The Employer complies with all applicable Massachusetts minimum wage laws or living wage ordinances.

Benefits

The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:

  • Health insurance
  • Dental insurance
  • Vision insurance
  • Paid sick leave (accrued and used in compliance with the Massachusetts Earned Sick Time Law)
  • Paid vacation and personal days
  • Massachusetts statutory holidays
  • Family and medical leave under the federal FMLA and the Massachusetts Paid Family and Medical Leave (PFML) Act (including employee contribution deductions)
  • Option A: Commuter/transit benefits (MBTA pass reimbursement)
  • Retirement plan eligibility (401(k), pension, or similar)
  • Tuition assistance or ongoing customer service training
  • Employee assistance program

Timekeeping and Overtime

The Employee is responsible for accurately recording their time worked using the Employer's timekeeping system.

All meal and rest breaks must be recorded in accordance with Massachusetts law.

The Employee must accurately record all overtime hours worked.

Procedures for timekeeping, missed punches, and automatic deductions are detailed in the Employer's policy handbook, in compliance with Massachusetts law.

Job Performance Standards

The Employee must adhere to all call scripts and procedures.

The Employee must accurately document all calls.

The Employee must not falsify call records or engage in any prohibited behaviors.

The Employee must uphold all quality assurance guidelines.

Customer Privacy

The Employee must maintain the confidentiality of all customer information.

The Employee is prohibited from recording calls except as permitted by company policy and Massachusetts law (M.G.L. c. 272, §99, requires two-party consent).

The Employee consents to employer-initiated call monitoring and recording, subject to applicable laws.

Confidentiality

The Employee must protect all confidential company and customer information, including personal data, in compliance with the Massachusetts Standards for the Protection of Personal Information (201 CMR 17.00).

The Employee must notify the Employer immediately of any suspected data breaches or unauthorized disclosures.

Reporting and Escalation

The Employee will report to [Supervisor Name], [Supervisor Title].

The Employee will follow the Employer's established procedures for escalating customer complaints or technical issues.

The Employee is expected to participate in team meetings, coaching sessions, and performance reviews.

Anti-Harassment and Anti-Discrimination

The Employer is committed to providing a workplace free of harassment and discrimination.

The Employee must adhere to the Employer's anti-harassment and anti-discrimination policies.

The Employee must report any instances of harassment or discrimination to [Contact Person/Department].

The Employer complies with the Massachusetts Fair Employment Practices Act and relevant MCAD procedures.

Protected categories include gender identity, sexual orientation, military status, and genetic information.

Attendance and Punctuality

The Employee is expected to maintain regular attendance and punctuality.

The Employee must report any absences or tardiness in accordance with the Employer's policy.

Consequences for excessive absenteeism or tardiness are outlined in the Employer's progressive discipline policy.

Employment-at-Will

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 the terms of this Agreement and Massachusetts law.

Upon termination, the Employee's final pay will be provided in accordance with Massachusetts law (immediate upon involuntary discharge, next scheduled payday upon voluntary resignation as under M.G.L. c. 149, §148).

The Employee must return all company property (headset, computer, ID badge, company manuals) upon termination.

Termination

The Employer may terminate the Employee's employment for cause, including but not limited to gross misconduct, serious breach of privacy, or falsification of records.

The Employer may also terminate the Employee's employment due to layoffs or position elimination.

Option A: Upon termination, the Employee will receive severance pay in accordance with the Employer's severance policy.

Continuation of benefits will be governed by the Employer's policy and applicable law.

Wage Theft Prevention

The Employer complies with all Massachusetts wage theft laws, wage assignment restrictions, and prohibitions of deductions except where expressly allowed.

Workers' Compensation

The Employee is eligible for workers' compensation benefits in the event of a workplace injury.

The Employee must report any workplace injuries to [Contact Person/Department] immediately.

Occupational Safety and Health

The Employer complies with all applicable Massachusetts Occupational Safety and Health regulations, including ergonomic workstation standards, evaluation of repetitive motion risks, and employer-provided "micro-breaks" for voice strain.

Training

The Employee will participate in required call center-specific training, such as anti-escalation techniques, emergency evacuation (for on-site), adapting to software upgrades, and refresher courses in customer service.

Intellectual Property

The Employee acknowledges that all customer data, call scripts, and internal documentation are the intellectual property of the Employer.

Non-Solicitation/Non-Disclosure/Non-Compete

Option A: The Employee agrees to the terms of the attached Non-Solicitation and Non-Disclosure Agreement.

Option B: The Employee agrees to the terms of the attached Non-Compete Agreement. (Note: Massachusetts law strictly limits the enforceability of non-competes. If included, it must comply with the Massachusetts Noncompetition Agreement Act, including advance notice, paid consideration, and limitations on duration, geographic scope, and functional scope.)

Option C: No Non-Solicitation, Non-Disclosure or Non-Compete agreement is required.

Dispute Resolution

The Employer and Employee agree to attempt to resolve any disputes arising out of or relating to this Agreement through internal escalation and mediation before resorting to litigation.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

Venue for any disputes arising under this Agreement shall be in the state or federal courts located in Massachusetts.

Equal Opportunity and Accommodation

The Employer is an Equal Opportunity Employer.

The Employer will provide reasonable accommodations to qualified individuals with disabilities in accordance with applicable law, including the Massachusetts Pregnant Workers Fairness Act.

Policies and Procedures

The Employee must comply with the Employer's code of conduct, social media policy, and telework policy (if applicable).

The Employee must use company communication systems properly and avoid unauthorized personal use.

The Employee is prohibited from making unauthorized phone recordings or contacting customers outside of work channels.

Employee Acknowledgment

The Employee acknowledges receipt of required posters and information regarding Massachusetts employee rights (wage, earned sick time, PFML).

The Employee acknowledges receipt of the Employer’s employee handbook and all relevant policies.

The Employee confirms that they have read and understood this Agreement and all attached documents.

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]

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