New York call center representative employment contract template

New York Call Center Representative Employment Contract

This Full-Time Call Center Representative Employment Contract (the “Agreement”) is made and entered into as of [Date] (the “Effective Date”), by and between [Company Name], a company organized and existing under the laws of [State], 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 Call Center Representative.

• Option A: The Employee agrees to perform the following duties:
  • Handling inbound and outbound calls.
  • Managing customer service inquiries.
  • Complaint resolution.
  • Providing product and service information.
  • Updating customer records.
  • Adhering to call scripts and quality standards.
  • Meeting call volume and service metrics.
  • Escalating issues as appropriate.
  • Managing call documentation in CRM systems.
  • Adhering to confidential information protocols for client and organizational data.
  • Following up with clients when required.
  • Complying with company and industry communication standards.
• Option B: Specific duties will be assigned by the Employee’s supervisor or manager. The Employee will report to [Supervisor Name], [Supervisor Title]. Daily performance expectations will be communicated by the supervisor. The Employee will participate in ongoing product, service, or process training specific to the call center function.
• Option C: The Employee's job description is attached as Exhibit A and is incorporated herein by reference.

2. Work Location

The primary work location is the Employer’s designated call center or authorized remote/hybrid work arrangement within New York State.

• Option A: The Employee’s primary work location is [Call Center Address].
• Option B: The Employee is authorized to work remotely subject to the Employer’s remote work policies.
  • Equipment Provided: [List of Equipment].
  • Secure Network Usage: Employee must use a secure network.
  • Call Recording Procedures: The Employer will record calls per New York law.
  • Compliance with Privacy Laws: Employee must comply with New York privacy and wiretapping laws.
  • Monitoring Protocols: The Employer will monitor employee performance.

3. Employment Status & Work Schedule

This is a full-time employment position.

• Option A: The standard workweek is [Number] hours per week, [Days of the Week] from [Start Time] to [End Time].
• Option B: Shift scheduling policies will be provided by the employee’s supervisor. The employee may be subject to on-call requirements as necessary.
• Option C: The Employee is entitled to meal and rest breaks in accordance with New York Labor Law. [Specify Break Schedule]

4. Overtime

Overtime provisions are in accordance with New York law.

• Option A: Overtime will be paid at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek.
• Option B: Overtime requires pre-approval from [Manager Title].
• Option C: Timekeeping and record-keeping procedures are outlined in the Employee Handbook.

5. Compensation

The Employee will be compensated as follows:

• Option A: The Employee’s wage is [Dollar Amount] per [Hour/Year].
• Option B: Overtime will be paid in accordance with New York Labor Law.
• Option C: The Employee is/is not eligible for shift differentials: [Specify Shift Differentials].
• Option D: Pay frequency is [Weekly/Bi-Weekly/Semi-Monthly].
• Option E: Payment method is [Direct Deposit/Check].
• Option F: The Employee is/is not eligible for performance-based commissions or bonuses: [Specify Commission/Bonus Structure].

6. Benefits

The Employee is eligible for the following benefits:

• Medical, dental, and vision insurance: [Specify Coverage Details].
• New York short-term disability: [Specify Coverage Details].
• Paid family leave: [Specify Coverage Details].
• Paid sick leave: [Specify per NYC/NYS law].
• Vacation accrual: [Specify Accrual Method].
• Holidays: [List of Recognized Holidays].
• Commuter/transit benefits: [Specify Benefits].
• Employee Assistance Program (EAP): [Specify Access Details].
• Training and upskilling opportunities: [Specify Opportunities].
• Tuition reimbursement: [Specify Details, if applicable].

7. Workplace Safety and Conduct

The Employer is committed to providing a safe and respectful workplace.

• Option A: The Employer maintains workplace safety, ergonomics, and stress management programs.
• Option B: The Employer has anti-harassment and anti-bullying policies including hotline and reporting provisions.
• Option C: These policies are outlined in the Employee Handbook and available upon request.

8. Confidentiality

The Employee agrees to maintain the confidentiality of sensitive information.

• Option A: The Employee will handle private customer data, call recordings, account information, financial or medical data, etc. with utmost care.
• Option B: The Employee will adhere to third-party privacy policies and comply with relevant state and federal regulations (e.g., TCPA, HIPAA, GLBA).
• Option C: A confidentiality agreement is attached as Exhibit B and is incorporated herein by reference.

9. Technology Use and Security

The Employee’s use of technology must comply with the Employer’s security policies.

• Option A: Personal device use during calls is prohibited unless authorized.
• Option B: The Employee must ensure secure storage and transmission of data.
• Option C: The Employee must adhere to the Employer’s information security protocols.
• Option D: The Employee acknowledges and consents to call monitoring and recording under NY law.

10. Attendance and Punctuality

The Employee is expected to adhere to the Employer’s attendance and punctuality policy.

• Option A: Tardiness and absence procedures are outlined in the Employee Handbook.
• Option B: Reporting timelines for absences are [Specify Timelines].
• Option C: Progressive discipline for attendance issues may occur.
• Option D: Provisions are in place for emergency and weather-related disruptions.

11. Professional Behavior

The Employee is expected to maintain professional behavior.

• Option A: Standards for call handling etiquette and script compliance are outlined in training materials.
• Option B: Consequences for deviations from these standards will be implemented.

12. Non-Compete and Non-Solicitation

The Employee agrees to certain restrictions on post-employment activities.

• Option A: The Employee will not solicit clients of the Employer for a period of [Number] months following termination of employment.
• Option B: The Employee agrees to a confidentiality and non-disparagement clause.
• Option C: Non-compete and non-solicitation agreements are attached as Exhibit C and is incorporated herein by reference.

13. Call Center Recording and Monitoring

The Employee acknowledges and consents to call recording and monitoring.

• Option A: The Employer uses call center recording and monitoring technology.
• Option B: The Employee consents to monitoring and recording of calls.
• Option C: The Employer will provide disclosures required under New York’s call monitoring laws.
• Option D: Procedures for employee access to monitoring records are outlined in the Employee Handbook.

14. Employee Classification

The Employee is classified as an employee and not an independent contractor.

15. Dispute Resolution

Any disputes arising out of this Agreement will be resolved as follows:

• Option A: The parties agree to first attempt to resolve disputes through negotiation and mediation.
• Option B: If mediation is unsuccessful, the parties may pursue arbitration or statutory claims in New York state courts.
• Option C: Venue for any legal action shall be [County], New York.
• Option D: New York law governs this agreement.

16. Termination

Employment may be terminated under the following conditions:

• Option A: The Employee may resign voluntarily with [Number] weeks’ notice.
• Option B: The Employer may terminate the employment with or without cause, subject to applicable laws.
• Option C: Compliance with New York’s Wage Theft Prevention Act (WTPA) will occur for final pay.
• Option D: Benefit continuation (e.g., COBRA) will be offered.
• Option E: The Employer will provide a reference letter upon request.
• Option F: The Employee must return all company property upon termination.

17. Equal Opportunity Employment

The Employer is an equal opportunity employer.

• Option A: The Employer does not discriminate based on race, creed, color, national origin, gender, sexual orientation, gender identity, disability, marital status, military status, age, or any other protected category under New York State Human Rights Law, New York City Human Rights Law, and federal law.
• Option B: The Employer has internal complaint resolution procedures.
• Option C: The Employer provides reasonable accommodations for employees with disabilities.

18. At-Will Employment

Employment is at-will unless otherwise modified by collective bargaining or other agreement.

19. Amendment

The Employer reserves the right to amend policies or procedures with required notice, except as otherwise restricted by law or collective agreement.

20. Compliance with Laws

The Employer complies with all applicable New York laws, including child labor laws if employing minors, and any unique requirements for call centers handling regulated industries.

21. Union Membership

If the call center is unionized, applicable collective bargaining agreements will apply.

22. Training and Certification

The Employee must meet all training, certification, and upskilling requirements unique to the call center sector.

23. Mandatory Workplace Postings

The Employee acknowledges receipt of all mandatory workplace postings, rights pamphlets, and WTPA annual notice of pay rate and hours.

24. Remote Work Compliance

If the Employee is working remotely or hybrid, they must comply with monitoring, security, and data handling policies, as well as reimbursement for necessary business expenses in line with New York labor regulations.

By signing below, the parties acknowledge that they have read, understood, and agree to the terms and conditions of this Agreement.

____________________________

[Employer Representative Name]

[Employer Representative Title]

[Company Name]

____________________________

[Employee Name]

Date: [Date]