New York customer service representative employment contract template

New York Customer Service Representative Employment Contract

This New York Customer Service Representative Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between:

[Employer Legal Name], a [State] [Business Type] with a principal place of business at [Employer Address], hereinafter referred to as “Employer,”

and

[Employee Full Legal Name], residing at [Employee Address], hereinafter referred to as “Employee.”

Position and Duties

The Employer hereby employs the Employee as a Customer Service Representative.

The Employee accepts such employment and agrees to faithfully perform the duties of the position.

The Employee’s duties shall include, but not be limited to:

Answering customer inquiries by phone, email, chat, and in person.

Responding to customer complaints and service requests.

Updating customer records accurately and efficiently.

Processing customer orders and returns promptly.

Troubleshooting service problems and escalating as needed.

Adhering to company communication protocols consistently.

Using customer relationship management (CRM) systems and other specialized software.

Escalating complex customer issues to [Position Title, e.g., Supervisor].

De-escalating tense customer interactions using approved techniques.

Working to achieve individual and team customer satisfaction targets.

Up-selling or cross-selling products and services (if applicable).

Documenting all customer interactions accurately and thoroughly.

Complying with call recording and monitoring policies.

Adhering to data privacy and information security standards.

Reporting Structure

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

Option A: Daily check-ins are required with the supervisor.

Option B: Weekly team meetings are mandatory.

Option C: Call reviews will be conducted [Frequency, e.g., bi-weekly].

Option D: Participation in quality assurance programs is required.

Workplace Location

The Employee’s primary workplace will be located at [Physical Address in New York].

Option A: Hybrid work arrangement is available, subject to company policy.

Option B: Remote work is permitted, subject to separate agreement.

Option C: On-site presence is required [Number] days per week.

Option D: The employee will adhere to scheduled breaks in accordance with New York labor law.

Option E: The Employer will provide the following equipment: [List of Equipment, e.g., Headset, Computer, Phone].

Employment Classification and Hours

The Employee is classified as a full-time employee.

Standard work hours are [Number] hours per week, Monday through Friday.

Daily work schedule: [Start Time] to [End Time].

Meal break: [Duration] minutes.

Other breaks: [Duration] minutes.

Overtime eligibility: [Exempt/Non-Exempt].

Overtime will be paid at 1.5 times the regular hourly rate for hours worked over 40 in a workweek, as required by New York law.

The employee must record all hours worked accurately in [Timekeeping System].

Compensation

The Employee will be paid at a rate of [Hourly Wage or Annual Salary] [per hour/annually].

Pay frequency: [Frequency, e.g., Bi-weekly].

Payment method: [Method, e.g., Direct Deposit].

Option A: Shift differential of [Amount] per hour for evening shifts.

Option B: Shift differential of [Amount] per hour for weekend shifts.

Option C: Shift differential of [Amount] per hour for holiday shifts.

Option D: Performance-based bonuses may be awarded based on [Criteria, e.g., Customer Satisfaction Scores].

Option E: Commission will be paid according to the attached commission schedule.

Employee Benefits

The Employee is eligible for the following benefits, subject to eligibility requirements:

Health insurance: [Details, e.g., Medical, Dental, Vision] (waiting period: [Duration]).

New York Paid Family Leave.

Paid sick leave (accrued at a rate of one hour per 30 hours worked, as required by NY law).

Statutory holidays (including New York-specific holidays).

Paid/unpaid time off policy.

Eligibility for vacation accrual: [Details].

Eligibility for overtime: [Details].

Transit/commuter benefits (if applicable under NYC law).

Retirement plan options: [Details, e.g., 401(k)].

Training and Certification

The Employee will be required to complete the following training:

Onboarding training.

Regular refresher courses.

Complaint handling training.

Compliance with state and federal consumer protection laws.

Mandated sexual harassment prevention training per NY State and NYC requirements.

Workplace Conduct

The Employee is expected to adhere to the following standards of conduct:

Adherence to anti-discrimination and harassment policies consistent with the New York State Human Rights Law and NYC Human Rights Law.

Commitment to diversity and inclusion.

Non-retaliation.

Professionalism in customer interactions.

Dress code: [Details].

Punctuality.

Essential language proficiency: [Languages].

Data Privacy and Confidentiality

The Employee agrees to safeguard personal customer information under New York privacy laws and federal statutes.

The Employee is prohibited from unauthorized access, recording, altering, or sharing of customer data.

These obligations continue after employment ends.

Intellectual Property

All written materials, communications, scripts, call recordings, or procedural documentation created as part of customer service operations are the property of the Employer.

Technology Use and Monitoring

The Employee’s use of company IT systems and telecommunication devices is subject to company policy.

The Employee acknowledges that calls may be monitored and recorded for quality assurance purposes, with their consent provided under NY wiretapping law (one-party consent).

Conflicts of Interest

The Employee must disclose any secondary employment or outside relationships that may impact objectivity in customer service.

Non-Solicitation and Non-Disclosure

The Employee agrees not to solicit the Employer's customers or employees or use the Employer’s trade secrets for a period of [Duration] after termination of employment. This restriction is narrowly tailored, reasonable, and justified by the Employer's legitimate business interests, and complies with current New York legal standards concerning non-compete agreements as of June 2024, specifically ensuring its limited scope and duration.

At-Will Employment

This is an at-will employment relationship. Either party may terminate the employment at any time, with or without cause or notice, subject to compliance with applicable laws.

Termination Procedures

Termination may occur for cause, resignation, or layoff.

Upon termination, the Employee must return all company property.

The Employee will receive information regarding COBRA/state continuation health coverage.

The Employee will be paid all final wages in compliance with New York law, including any accrued but unused paid time off.

The employee may be eligible for unemployment benefits subject to NY State regulations.

Workers’ Compensation and Occupational Safety

The Employer complies with New York workers’ compensation laws.

The Employee must report any on-the-job injury or emotional distress immediately.

Reasonable accommodations will be provided for disabilities.

Mental health resources are available to employees.

Dispute Resolution and Governing Law

Any disputes arising from this Agreement will be addressed through [Dispute Resolution Process, e.g., Mediation, Arbitration].

This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

[Forum Selection, e.g., New York courts] shall be the exclusive venue for any legal action.

Industry-Specific Requirements

[If applicable, list any industry or sector-specific requirements, regulatory compliance, licenses, or certifications].

Required Notices and Acknowledgments

The Employee acknowledges receipt of the following:

Employee Handbook.

Timekeeping policy.

Social media policy.

Safety procedures.

Notice under NY Wage Theft Prevention Act (listing regular and overtime rates of pay, payday, allowances).

Annual sexual harassment policy (signed acknowledgment attached).

Additional Provisions

[Optional or adjustable sections for tailoring job-specific customer service metrics, unique product/service knowledge requirements, employer branding or service philosophy statements, and accommodation for multi-lingual or culturally competent service].

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

____________________________

[Employer Representative Name], [Employer Representative Title]

____________________________

[Employee Full Legal Name]