New Mexico call center representative employment contract template

New Mexico Call Center Representative Employment Contract

This New Mexico Call Center Representative Employment Contract (the "Agreement") is made and entered into as of [Date] by and between:

• [Employer 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. Employment

• The Employer hires the Employee, and the Employee agrees to be employed by the Employer, as a full-time Call Center Representative.

2. Job Duties

• The Employee's primary job duties include, but are not limited to:
• Handling inbound and outbound customer calls.
• Verifying customer information.
• Resolving customer complaints and escalating issues when necessary.
• Accurately documenting all calls and interactions.
• Adhering to call scripts and company policies.
• Complying with call quality standards.
• Handling sensitive and confidential consumer data in compliance with the New Mexico Data Breach Notification Act.
• Operating call center software and CRM systems.
• Achieving defined performance metrics, including average handle time, first call resolution, and customer satisfaction scores.
• Call Volume Expectations: [Number] calls per day/week.
• Time-Tracking: The Employee is required to accurately log in and out of the call management system for timekeeping purposes.
• Communication Channels: The Employee will be required to communicate with customers via [voice/chat/email/all].
• Multitasking: [Yes/No] The Employee may be required to manage multiple communication channels simultaneously.
• Reporting: The Employee will report to [Supervisor Title] and will participate in team briefings, product or compliance trainings, coaching sessions, and performance reviews.

3. Work Location

• Option A: On-site at [Call Center Facility Address], a call center facility located in New Mexico.
• Option B: Remote/Telecommute from [Employee New Mexico Address].
• The Employee must maintain a secure internet connection and a designated workspace.
• The Employee agrees to adhere to all employer monitoring and call-recording protocols, compliant with New Mexico's one-party consent law for call recording.
• The Employee will use only company-approved equipment and protect client/customer data in compliance with the New Mexico Data Breach Notification Act.

4. Work Schedule

• The Employee's full-time work schedule is [Number] hours per week.
• The Employee's standard workdays are [Days of the Week].
• Shift Pattern: [Fixed/Rotating/Variable].
• Shift Changes: Requests for shift changes must be submitted according to company policy.
• Overtime: Overtime work must be approved in advance by [Supervisor Title]. Overtime will be paid at 1.5 times the Employee's regular rate of pay for hours worked over 40 in a workweek, in compliance with the New Mexico Minimum Wage Act/FLSA.
• Meal and Rest Breaks:
• The Employee is entitled to a 30-minute unpaid meal break if scheduled to work more than 5 consecutive hours.
• The Employee will receive paid rest breaks as consistent with best call center practice.

5. Compensation and Benefits

• Base Hourly Wage: The Employee's base hourly wage is [$ Amount], which meets or exceeds the New Mexico minimum wage.
• Pay Cycle: The Employee will be paid [Bi-weekly/Semi-monthly] via [Direct Deposit/Check].
• Shift Differentials: [Yes/No] If yes, details: [Evening/Weekend/Holiday Pay Amount].
• Call Performance Bonuses: [Yes/No] If yes, details: [Bonus Structure].
• Attendance Incentives: [Yes/No] If yes, details: [Incentive Details].
• Commissions: [Yes/No] If yes, details: [Commission Structure].
• Benefits:
• Eligibility for employer-sponsored health, vision, and dental insurance: [Yes/No/After Waiting Period].
• Eligibility for 401(k) or retirement plans: [Yes/No/After Waiting Period].
• Paid Time Off (PTO): [Amount] days per year.
• Vacation: [Accrual Rate].
• Sick Leave: Accrual rate complies with the Healthy Workplaces Act (minimum of one hour per 30 hours worked).
• Statutory Holidays: [List of Holidays].
• Bereavement Leave: [Number] days.
• Parental Leave: As consistent with company policy and New Mexico law.
• Employee Assistance Program (EAP): [Yes/No].
• Tuition/Job-Related Training Reimbursement: [Yes/No/Details].
• Language Skill Premium: [Yes/No/Amount].
• Transportation Stipends/Remote Work Allowances: [Yes/No/Amount].

6. Confidentiality and Data Privacy

• The Employee agrees to protect all non-public customer data and handle payment information securely.
• The Employee will comply with FERPA/HIPAA regulations if the call center represents covered entities.
• The Employee will adhere to all employer security policies and procedures, which continue after termination of employment.
• The Employee will not store or transmit sensitive customer or company information via personal devices or unsecured channels.
• The Employee understands that unauthorized disclosure or failure to comply with security protocols may result in disciplinary action, up to and including termination.

7. Ownership of Records

• All records, customer lists, scripts, templates, and related materials produced during the Employee's employment are the exclusive property of the Employer.
• The Employee is prohibited from using or reproducing proprietary information for non-employer purposes.
• The Employer may monitor the Employee’s use of generative AI or chat tools in customer communications.

8. Expected Behavior

• The Employee will comply with the Employer's code of conduct and customer service standards.
• The Employee will use professional language and maintain a professional presentation on calls.
• The Employee will adhere to anti-harassment and anti-discrimination guidelines, as defined by the New Mexico Human Rights Act.
• The Employee will maintain attendance punctuality.
• The Employee will comply with grooming/presentation standards for call center video or in-person shifts.
• The Employer has a zero-tolerance policy for abusive conduct toward customers or coworkers.
• Regular performance reviews will be conducted.
• The Employer will follow progressive discipline procedures for poor attendance, performance, or policy violations.

9. Non-Solicitation

• The Employee agrees not to solicit company clients/customers or coworkers for a period of [Number] months after termination of employment.

10. Background Check and Drug Screening

• Option A: A background check and drug screening [are/are not] required as a condition of employment.
• If required: The process, timing, and employee consent will comply with the New Mexico Fair Credit Reporting Act and "Ban-the-Box" rules.

11. Workplace Safety

• The Employer will maintain a safe workplace in compliance with the NM Occupational Health & Safety Act, including ergonomic support for desk jobs, procedures for workplace injuries, and reporting requirements.
• The Employer will provide workers’ compensation coverage.
• The Employer will follow community transmission protocols for communicable illnesses, where applicable.

12. 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 New Mexico law.

13. Termination/Resignation

• The Employee is expected to provide at least [Number] weeks' notice of resignation.
• Upon termination, the Employee will receive final pay and unused PTO payout in accordance with New Mexico labor law.
• The Employee will return all company equipment upon termination.

14. Dispute Resolution

• Any disputes arising out of or relating to this Agreement will be resolved through [Internal Complaint Procedures/Escalation to New Mexico Human Rights Bureau/Mediation/Arbitration].
• This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico. Jurisdiction shall be in [County] County, New Mexico.

15. Anti-Retaliation

• The Employer prohibits retaliation against employees for making whistleblower complaints or wage/hour claims.

16. Entire Agreement

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
• The Employer may amend company policies upon written notice to the employee.

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

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Signature: ____________________________

Date: ____________________________