Texas call center representative employment contract template

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How Texas call center representative employment contract Differ from Other States

  1. Texas employment contracts often include explicit at-will employment statements due to strict state-at-will doctrines.

  2. Texas contracts may include state-specific wage payment frequency and leave policies that differ from other states.

  3. Non-compete and confidentiality clauses in Texas are subject to unique state enforcement rules and limitations.

Frequently Asked Questions (FAQ)

  • Q: Does Texas require a written employment contract for call center representatives?

    A: No, Texas does not require a written contract, but having one helps clarify terms and protect both parties legally.

  • Q: Are there Texas-specific employment laws I should know about for call centers?

    A: Yes, Texas has unique at-will employment, wage, and overtime laws you should address in the contract for compliance.

  • Q: Can non-compete clauses be enforced for call center representatives in Texas?

    A: Texas enforces non-compete clauses, but only if they are reasonable in scope, duration, and geographic limitation.

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Texas Call Center Representative Employment Contract

This Texas Call Center Representative Employment Contract (the “Agreement”) is made and entered into as of this [Date], by and between [Employer Legal Name], a [State of Formation] [Entity Type] with its principal place of business at [Employer Address] (the “Employer”), and [Employee Name], residing at [Employee Address] (the “Employee”).

1. Contact Information

  • Employer:
    • Legal Name: [Employer Legal Name]
    • Address: [Employer Address]
    • Phone: [Employer Phone]
    • Email: [Employer Email]
  • Employee:
    • Name: [Employee Name]
    • Address: [Employee Address]
    • Phone: [Employee Phone]
    • Email: [Employee Email]

2. Job Title and Duties

The Employee is hired as a Call Center Representative. The Employee’s duties include, but are not limited to:

  • Handling inbound and/or outbound customer calls.
  • Providing customer service and resolving customer complaints.
  • Verifying customer information.
  • Data entry and record keeping.
  • Option A: Sales responsibilities, including upselling and cross-selling products/services.
    • Specific sales targets and metrics: [Specify Sales Targets]
  • Option B: No sales responsibilities.
  • Adhering to call scripts and quality standards.
  • Accurately logging call outcomes and customer interactions in [CRM Software Name].
  • Escalating complex issues to supervisors or team leads.
  • Complying with company-specific call handling protocols.
  • Meeting call volume and performance metrics as defined by the Employer.
  • Participating in ongoing training and coaching programs.
  • Compliance with [Company Name]'s privacy and data security policies.

3. Work Location

  • The Employee’s primary work location will be at the Employer’s call center located at: [Call Center Address] in Texas.
  • Option A: Remote Work Provision
    • The Employee may be required or permitted to work remotely from time to time.
    • The Employee is responsible for maintaining a secure work environment compliant with company policies and data security standards, including using a secure VPN.
    • The Employer will provide the following equipment: [List of Equipment, e.g., headset, computer].
  • Option B: No Remote Work.
  • Employee will be responsible for maintaining customer confidentiality and data security at all times.

4. Employment Status and Schedule

  • The Employee’s employment status is full-time.
  • The standard work week is [Number] hours per week.
  • Option A: Fixed Schedule
    • The Employee’s work schedule will be: [Days of the Week], from [Start Time] to [End Time].
  • Option B: Rotating Schedule
    • The Employee’s work schedule will be subject to change based on the needs of the business.
    • Schedule changes will be provided with reasonable notice of [Number] days/hours.
  • Overtime:
    • Overtime work may be required from time to time.
    • All overtime work must be pre-approved by the Employee’s supervisor.
    • Overtime will be compensated at a rate of one and one-half (1.5) times the Employee’s regular rate of pay, as required by the Fair Labor Standards Act (FLSA) and Texas law.
  • Breaks:
    • The Employee is entitled to meal and rest breaks in accordance with Texas Workforce Commission guidelines.
    • Specifically, the Employee is entitled to a [Number] minute meal break and [Number] minute rest breaks.

5. Compensation

  • Option A: Hourly Wage
    • The Employee’s base hourly rate is [Dollar Amount] per hour.
  • Option B: Salary
    • The Employee’s annual salary is [Dollar Amount] per year, payable bi-weekly/monthly.
  • Overtime Pay: As described above in section 4.
  • Payment Method:
    • The Employee will be paid via [Direct Deposit/Check].
  • Pay Frequency:
    • The Employee will be paid [Bi-weekly/Monthly].
  • Option A: Shift Differential
    • The Employee will receive a shift differential of [Dollar Amount or Percentage] for working [Night/Weekend] shifts.
  • Option B: No Shift Differential.
  • Option A: Incentive/Bonus Structure
    • The Employee is eligible for a bonus based on performance metrics, including: [List Metrics, e.g., call volume, quality, first-call resolution rate].
    • The specific terms and conditions of the bonus plan are outlined in [Document Name or Location].
  • Option B: No Incentive/Bonus.
  • Wage Deductions: All deductions from wages will comply with Texas and federal law.
  • Final Paycheck: Upon termination, the Employee will receive their final paycheck in accordance with the Texas Payday Law.

6. Benefits

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

  • Health Insurance: Eligibility and terms are detailed in the employee benefits handbook.
  • Dental Insurance: Eligibility and terms are detailed in the employee benefits handbook.
  • Vision Insurance: Eligibility and terms are detailed in the employee benefits handbook.
  • Life Insurance: Eligibility and terms are detailed in the employee benefits handbook.
  • Paid Time Off (PTO):
    • Vacation: [Number] days per year, accrued according to company policy.
    • Sick Leave: [Number] days per year, accrued according to company policy.
    • Personal Days: [Number] days per year, accrued according to company policy.
  • Holidays: The Employee will be entitled to the following paid holidays: [List of Holidays].
  • Leave of Absence: Subject to eligibility and compliance with applicable Texas and federal laws, including the Family and Medical Leave Act (FMLA).
  • Option A: 401(k)/Retirement Plan: [Describe Plan Details].
  • Option B: No 401(k)/Retirement Plan.
  • Option A: Employee Assistance Program (EAP): [Describe EAP Details].
  • Option B: No Employee Assistance Program.
  • Option A: Tuition Reimbursement/Professional Development: [Describe Details].
  • Option B: No Tuition Reimbursement/Professional Development.
  • Option A: Transportation/Parking Allowance: [Describe Details].
  • Option B: No Transportation/Parking Allowance.

7. Compliance with Policies and Regulations

The Employee agrees to comply with all applicable company policies and procedures, including but not limited to:

  • Customer Privacy: Strict compliance with all applicable privacy laws, including the Texas Identity Theft Enforcement and Protection Act, TCPA, HIPAA (if applicable), and any sector-specific data privacy requirements.
  • Telemarketing Regulations: Compliance with state and federal telemarketing regulations, including Do-Not-Call (DNC) list protocols.
  • Industry Regulations: Compliance with all applicable industry regulations, such as the Fair Debt Collection Practices Act (FDCPA) (if applicable) and Payment Card Industry Data Security Standard (PCI DSS) (if applicable).
  • Call Center Policies: Strict adherence to the company’s specific call center policies, standards, and procedures.

8. Reporting and Performance

  • The Employee will report to [Supervisor Name and Title].
  • The Employee will be required to accurately document all calls and interactions in [CRM Software Name].
  • The Employee will be required to participate in regular team meetings.
  • The Employee’s performance will be evaluated regularly, based on metrics and standards set by the Employer.

9. Code of Conduct and Attendance

  • The Employee is expected to maintain a professional demeanor and adhere to the Employer’s code of conduct at all times.
  • The Employee is expected to be punctual and maintain good attendance.
  • Dress Code: [Describe Dress Code Requirements, e.g., Business Casual] for in-person work or video calls.
  • Quality Monitoring: The Employee acknowledges that calls may be monitored and recorded for quality assurance purposes, in accordance with Texas law.
  • Personal Device Use: The use of personal devices during work hours is [Permitted/Prohibited] subject to company policy.
  • Anti-Harassment and Anti-Discrimination: The Employee is expected to adhere to the Employer’s anti-harassment, anti-discrimination, and workplace violence prevention policies.

10. Confidentiality and Intellectual Property

  • All scripts, training materials, customer data, and call recordings are the property of the Employer and must not be disclosed or used outside of company business.
  • This obligation survives the termination of this Agreement.
  • Any and all intellectual property created by the Employee during the course of their employment shall be owned exclusively by the Employer.

11. Electronic Communication and Monitoring Consent

  • The Employee consents to the monitoring of electronic communications, as permitted by Texas law.

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 the requirements of Texas law.
  • Resignation: The Employee is requested to provide [Number] days' written notice of resignation.
  • Final Paycheck: Upon termination, the Employee will receive their final paycheck in accordance with the Texas Payday Law.
  • Return of Property: Upon termination, the Employee must return all company property in their possession.

13. Grounds for Immediate Termination

The Employer may terminate the Employee’s employment immediately for cause, including but not limited to:

  • Breach of confidentiality.
  • Misuse of data.
  • Fraudulent activity.
  • Gross misconduct.
  • Repeated customer complaints.
  • Unexcused absences.
  • Violation of company policy.
  • Any other action that violates applicable laws or regulations.
  • In cases of serious misconduct, the Employer may be required to report such misconduct to relevant state or industry regulatory bodies.

14. Dispute Resolution

  • The parties agree to make good faith efforts to resolve any disputes arising out of or relating to this Agreement through internal resolution processes.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
  • The venue for any legal action arising out of or relating to this Agreement shall be in [County Name] County, Texas.
  • Option A: Mediation/Arbitration
    • Any dispute that cannot be resolved through internal resolution shall be submitted to [Mediation/Arbitration] in [City, State] before resorting to litigation.
  • Option B: No Mediation/Arbitration Required.

15. Workplace Safety

  • The Employer is committed to providing a safe workplace in compliance with all applicable Texas workplace safety regulations, including OSHA.
  • The Employee is required to report any workplace injuries or hazards to their supervisor immediately.
  • The Employee is responsible for understanding and following all safety procedures and protocols.
  • The Employee is entitled to file workers’ compensation claims in accordance with Texas law.

16. Anti-Harassment and Equal Opportunity

  • The Employer is an equal opportunity employer and prohibits discrimination on the basis of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, disability, veteran status, or any other protected category under Texas or federal law.
  • Any instances of harassment or discrimination should be reported to [Designated Contact Person].
  • The Employer will promptly investigate all reports of harassment or discrimination.

17. Background Checks and Drug Testing

  • Option A: Background Checks/Drug Testing
    • The Employee’s employment is contingent upon satisfactory completion of a background check and/or drug test, in accordance with Texas law.
    • Background checks/drug tests may be conducted periodically throughout the Employee’s employment.
  • Option B: No Background Checks/Drug Testing.

18. Training

  • The Employee is required to complete all required training programs, including but not limited to cybersecurity, customer data privacy, harassment prevention, and call quality.
  • Continued employment is contingent upon successful completion of all required training.

19. Outside Employment and Conflicts of Interest

  • Option A: Restrictions on Outside Employment
    • The Employee is prohibited from working for any competitor of the Employer without the Employer’s prior written consent.
    • The Employee is prohibited from contacting any client or customer of the Employer outside of their job duties.
  • Option B: No Restrictions on Outside Employment.
  • The Employee must disclose any potential conflicts of interest to the Employer immediately.

20. Survivability

  • The provisions of this Agreement relating to confidentiality, intellectual property, and data protection shall survive the termination of this Agreement.

21. Acknowledgment and Agreement

  • The Employee acknowledges that they have read and understand this Agreement and agree to be bound by its terms and conditions.
  • The Employee acknowledges receipt of the employee handbook or policy manual, and agrees to abide by future updates to key company policies, provided that such changes and notification rules comply with Texas law.

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

____________________________

[Employer Representative Name and Title]

[Employer Legal Name]

____________________________

[Employee Name]

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