New Mexico customer service representative employment contract template

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How New Mexico customer service representative employment contract Differ from Other States

  1. New Mexico requires Spanish-language notices for employees with limited English proficiency, unlike many other states.

  2. At-will employment is enforced in New Mexico, but contracts should reference state-specific exceptions for wrongful termination.

  3. Non-compete agreements for customer service roles in New Mexico are subject to stricter limitations than in many other states.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for customer service representatives in New Mexico?

    A: No, a written contract is not required by law but is highly recommended to clarify terms and protect both parties.

  • Q: Does New Mexico have special requirements for at-will employment clauses?

    A: Yes, at-will clauses in New Mexico should specify recognized exceptions, such as public policy and implied contract doctrines.

  • Q: Can restrictive covenants be included in customer service representative contracts in New Mexico?

    A: Restrictive covenants are permitted but must be reasonable and meet stricter enforceability standards in New Mexico.

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New Mexico Customer Service Representative Employment Agreement

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

1. Position

The Employer hires the Employee as a Customer Service Representative.

Job Duties: Employee shall perform the following duties:

  • Responding to customer inquiries via phone, email, and chat.
  • Managing complaint resolution.
  • Providing product or service information.
  • Processing orders and returns.
  • Escalating unresolved issues to supervisors.
  • Maintaining accurate customer records in compliance with New Mexico’s Personal Information Privacy Act.
  • Adhering to call handling, scripting, and time management standards.

Required Skills: Communication, conflict de-escalation, and data entry. Bilingual (English/Spanish) fluency, if applicable:

  • Option A: Not Required
  • Option B: Required

Reporting Structure: Employee will report to [Supervisor Name], [Supervisor Title].

Performance Reviews: Employee will participate in regular performance reviews, call quality monitoring, and periodic customer service training.

2. Work Location

Primary Work Location: [Company Address in New Mexico].

Work Arrangement:

  • Option A: In-Person
  • Option B: Hybrid (specify days in office: [Days])
  • Option C: Remote

Remote Work Requirements (if applicable):

  • Data security protocols.
  • Customer privacy adherence.
  • Provision and return of company equipment.
  • Compliance with company IT and confidentiality policies.

3. Employment Status

The Employer hires the Employee for a full-time position.

Work Hours:

  • Standard Weekly Hours: [Number].
  • Scheduling Requirements: [Specify schedule, including potential for variable shifts].
  • Break and Meal Periods: In accordance with NMSA 1978, § 50-4-2.
  • Overtime Eligibility: Non-exempt. Overtime will be paid at 1.5x the regular rate for hours worked over 40 in a workweek, as per the New Mexico Minimum Wage Act.

4. Compensation

Salary/Hourly Rate: [Dollar Amount] per [Hour/Year].

Pay Schedule: [Frequency of pay, e.g., Bi-weekly].

Overtime Pay: As per New Mexico law, overtime will be paid at 1.5x the regular rate.

Bonuses/Incentives:

  • Option A: Attendance Bonus: [Dollar Amount/Details].
  • Option B: Customer Satisfaction Incentives: [Details].
  • Option C: Team-Based Performance Bonus: [Details].
  • Option D: No Bonuses/Incentives.

5. Benefits

Health Insurance:

  • Option A: Employer-Sponsored Health Insurance.
  • Option B: No Employer-Sponsored Health Insurance.

Dental Insurance:

  • Option A: Employer-Sponsored Dental Insurance.
  • Option B: No Employer-Sponsored Dental Insurance.

Vision Insurance:

  • Option A: Employer-Sponsored Vision Insurance.
  • Option B: No Employer-Sponsored Vision Insurance.

Paid Vacation: [Number] days per year.

New Mexico Mandated Sick Leave: As per the Healthy Workplaces Act.

Personal Days: [Number] days per year.

Leave of Absence: In accordance with New Mexico and federal law (FMLA).

Paid Holidays: [List of Paid Holidays].

Additional Benefits:

  • Option A: Tuition Reimbursement: [Details].
  • Option B: Language Skill Pay Differential: [Details].
  • Option C: None.

Eligibility and Enrollment: Employee is responsible for enrolling in benefits within specified timeframe.

Benefit Modification: Employer reserves the right to modify benefits.

6. Ownership of Work Product

All customer interactions, customer information, templates, scripts, product and customer databases, and business procedures are the property of the Employer.

7. Confidentiality

Employee shall maintain the confidentiality of all customer information and proprietary Employer systems.

Return/Deletion of Customer Data: Upon termination, employee will return or delete all customer data as per company policy, referencing New Mexico data breach notification requirements (NMSA 1978, § 57-12C).

Employee will not disclose or use customer information outside of legitimate business tasks.

8. Code of Conduct

Employee shall maintain professional conduct with customers.

Employee shall not disparage the company.

Use of personal devices for work communications is [Permitted/Prohibited]. If permitted, security controls must be in place.

9. Anti-Discrimination/Harassment

Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, or any other characteristic protected by New Mexico Human Rights Act (NMSA 1978, § 28-1).

10. Termination

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

Notice of Termination (if applicable):

  • Option A: The Employer will provide [Number] days written notice of termination.
  • Option B: No notice will be provided.

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

Involuntary Dismissal: Including for cause, misconduct, or unsatisfactory performance.

Layoff: Due to business needs.

Final Wages: Employer will comply with New Mexico law regarding timely payment of final wages.

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

Eligibility for Severance/Outplacement/Rehire: Based on reason for separation and company policy.

11. Non-Competition/Non-Solicitation

Non-Compete: Generally unenforceable in New Mexico.

Non-Solicitation/Non-Disclosure: Employee agrees not to solicit the Employer's customers or disclose confidential information, as permitted by law.

12. Dispute Resolution

Internal Complaint Procedure: [Details].

Mediation: Parties agree to engage in good-faith mediation.

Arbitration: Parties may agree to voluntary arbitration.

Governing Law: This Agreement shall be governed by the laws of the State of New Mexico.

Venue: [Specify County] County, New Mexico.

13. Modifications

Employer reserves the right to change work processes, customer service policies, and amend job descriptions or schedules with notice, compliant with New Mexico labor standards.

14. Whistleblower Protection

Employee has rights under New Mexico’s Whistleblower Protection Act.

Reporting Unethical/Illegal Activity: [Specify reporting avenues].

15. Workplace Safety

Employee shall comply with the New Mexico Occupational Health and Safety Act and employer’s safety policies.

Specific Policies: Including protection from abusive customers, anti-violence policies, and stress management measures.

16. Training

Employee will complete mandatory training on local consumer protection laws, company-specific product knowledge, and customer privacy.

17. Acknowledgment

Employee acknowledges receipt and understanding of all handbooks, policies, and code of conduct.

18. Local Ordinances

[Specify any applicable city or county ordinances].

19. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

20. Modification

This Agreement may be modified only by a written instrument signed by both parties.

21. Signatures

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

_________________________

[Employee Signature]

[Employee Printed Name]

_________________________

[Employer Signature]

[Employer Printed Name and Title]

22. Retention of Records

Employer will retain employment records in compliance with New Mexico statutory requirements.

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