Custom Canine Unlimited

Company Employment Terms


1  PURPOSE

Provide each employee with standardized company terms as it relates to employment with Custom Canine Unlimited, LLC (the Company). Due to license requirements, contractual agreements, the nature of business, and the clientelle that the Company conducts business with and for an environment of structure, uniformity, and good moral standing is paramont. These umbrella company employment terms are necessary to continue business.

2  DUTY OF LOYALTY AND BEST EFFORTS

Employee shall devote all of his/her working time, attention, knowledge, and skills to Custom Canine Unlimited, LLC (Employer) business interests and shall do so in good faith, with best efforts, and to the reasonable satisfaction of the Employer. Employee understands that they shall only be entitled to the compensation, benefits, and profits as set forth in this job description.

Employee agrees to refrain from any interest, of any kind whatsoever, in any business competitive to Employer’s business. The Employee further acknowledges they will not engage in any form of activity that produces a “conflict of interest” with those of the Employer unless agreed to in advance and in writing.

3  COMPENSATION TERMS

The Compnay will pay each employee on the 1ST and 15th of each month with pay periods ending 5 days prior to each pay date by Direct Deposit. The Company shall deduct or withhold from compensation any and all sums required for federal income and social security taxes, as well as all state or local taxes now applicable or that may become applicable to Employee or Employer in the future based upon Federal and state tax forms submitted by employee.

3.1      Expense Reimbursement

Employee shall be entitled to reimbursement of any expenses where prior authorization was granted by the Company according to the Company Policy and Procedure Manual. In order to receive reimbursement, Employee must timely provide the Company with an itemized account of all expenditures, along with suitable receipts therefore.

3.2      Salary Adjustments

Salary adjustments may occur and are based on the value contributed by Employee to the Company. While salary adjustments are primarily based on merit, the Company may at times adjust salaries depending on overall company performance, and/or the cost of living changes to salaries of similarity started employees in the company or industry.

4   BENEFITS

4.1      Insurance

The Company will supply My Ideal Doctor® benefits to all full-time employees after 90 days of consecutive employment where the employee is in good standing. Part-time employees have the option to opt into My Ideal Doctor® benefits at their own costs.

4.2      Licenses and Standards

Employee is obligated to maintain all required licenses and standards necessary for the carrying out the functions and duties set forth in their Job Description. The Company may, at its discretion, assist with payment for those licenses or standards which both parties consider to be essential to performance of the job.

4.3      Paid Time Off

The Company offers paid time off to each full-time employee. Refer to the Employee Policy and Procedure Manual for specifics. Benefits accrual and use may begin for all eligiable employees that have been employed for 90 consecutive days and are in good. 

During the probationary period all employees may only be late 2 (times) or not report to work 1 (time) to a schedule work period.  On the third late or second failure to report, employment is automatically terminated.  

5   COVENANTS

5.1      Policy and Procedures

Employee agrees to adhere by all of the policies, procedures, rules and regulations set forth by the Company. These policies, procedures, rules and regulations include, but are not limited to, those set forth within the Company Policy and Procedures Manual, any summary benefit plan descriptions, or any other personnel practices or policies or other company forms. To the extent that if any of the Company’s policies, procedures, rules and regulations conflict with the terms of this document, the specific Policy and Procudure will control.

5.2      Confidentiality

Employee acknowledges that during his/her employment he/she will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records, and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s business and product processes, methods, customer lists, accounts and procedures. Employee agrees that he/she will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of his/her employment or at any time thereafter, except as required in the course of my employment with the Company. All files, records, documents, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether he/she prepared them or otherwise coming into his/her possession, shall remain the exclusive property of the Company. He/she shall not retain any copies of the foregoing without the Company’s prior written permission. Employee further agree that he/she will not disclose the terms of any agreement between the Company and the Employee to any person without the prior written consent of the Company and shall at all times preserve the confidential nature of his/her relationship to the Company and of the services hereunder.

5.3      Non-Compete

Employee hereby agrees not to directly or indirectly compete with the business of the Company and its successors and assignees during the period of employment and for a period of 2 years following termination of employment and notwithstanding the cause or reason for employment end. Furthermore, employee is not to contact any clientele of the Company, directly or indirectly unless expressly dictacted in writing or for job performance.

The term “non-compete” as used herein shall mean that employee shall not own, manage, operate, consult or to be employed in a business substantially similar to or competitive with the present business of the Company or such other business activity in which the Company may substantially engage during the term of employment and for the term specifically stated above. These terms shall extend to all geographic areas that the Company has conducted business, has conducted work, has clientelle, or is working on gaining business, work, or clientelle in the 12 months preceding the employee’s termination with the Company.

5.4      Non-Recruit Covenant

Employee agrees not to recruit any of the Company’s employees for the purpose of any outside business either during or for a period of 2 years after Employee’s tenure of employment with the Company. Employee agrees that such effort at recruitment also constitutes a violation of the non-solicitation covenant set forth above.

5.5       “At Will” Employment

Employee acknowledges that my employment with the Company is “at will.”

The term “At Will” is defined as allowing either Employee or the Company to terminate the Employment Agreement at any time, for any reason permitted by law, with or without cause and with or without notice.

5.6      Notify Management

All employees agree to abide by the legal and ethics policies of the Company as well as the Company’s other rules, regulations, policies and procedures. The Company intends to comply in full with all governmental laws and regulations as well as any ethics code applicable to our profession. In the event that Employee is aware of Employer, or any of its officers, agents or employees, violating any such laws ethics codes, rules, regulations, policies or procedures, Employee agrees to bring forth all such actual and suspected violations to the attention of Employer immediately so that the matter may be properly investigated and appropriate action taken.

6   PROPERTY RIGHTS

6.1      Customers or Clientele

Employee agrees that any customers or clientele generated by any employee pursuant to employment with the Company are the customers and clientele of the Company.

6.2      Records and Accounts

Employee agrees that all records and accounts maintained during the course of employment are the property of the Company, shall remain current and be maintained at the Company’s place of business.

6.3      Return Upon Termination

Employee agrees that upon termination they will return to the Company all of the Company’s property, including, but not limited to, intellectual property, trade secret information, customer lists, operation manuals, employee handbook, records and accounts, materials subject to copyright, trademark, or patent protection, customer and the Company information, credit cards, business documents, reports, automobiles, keys, passes, uniforms, equipment, and security devices.

6.4      Copyrights, Inventions and Patents

Employee understands that any copyrights, inventions or patents created or obtained, in part or whole, by Employee during the course of this Agreement are to be considered “works for hire” and the property of the Company. Employee assigns to the Company all rights and interest in any copyright, invention, patents or other property related to the business of the the Company.

7 INDEMNIFICATION FOR THIRD PARTY CLAIMS

Employee hereby agrees to indemnify, defend, save, and hold harmless the Company, its shareholders, officers, directions, and other agents (other than Employee) from and against all claims, liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses which arise out of or are related to the Employee’s performance of this Agreement, failure to perform job functions or duties as required, or result form conduct while engaging in any activity outside the scope of this Agreement, before, during or after the termination of this Agreement.

Employee understands that this obligation of indemnification survives the expiration or termination of this Agreement.

8   MEDIATION AND BINDING ARBITRATION

The Company and Employee agree to first mediate and may then submit to binding arbitration any claims that they may have against each other, of any nature whatsoever, other than those prohibited by law or for workers compensation, unemployment or disability benefits, pursuit to the rules of the American Arbitration Association. Employee agrees to sign the attached Agreement to Mediate/Arbitrate claims as a conditions of employment.

9   LIMITATION OF DAMAGES

Employee agrees and stipulates that any remedies they may have for the breach of any employment related obligation, whether under law or by way of contract, shall be limited to the equivalent of six (6) months salary of Employee where allowed by law. This limitation is inclusive of any claims for special damages, general damage, compensatory damage, loss of income, emotional damage, or punitive damages.

10  ATTORNEYS’ FEES AND COSTS

Employee and the Company agree that should any action be instituted by either party against the other regarding the enforcement of the terms of this agreement, the prevailing party will be entitled to all of its expenses related to such litigation including, but not limited to, reasonable attorneys’ fees and costs, both before and after judgment.

11  MISCELLANEOUS PROVISIONS

11.1       Accuracy of Representations

Employee understands that any projections regarding the financial status or potential for growth of the Company are matters of opinion only and do not constitute a legally binding representation. Employee agrees that they have had the opportunity to conduct due diligence of Employer and are satisfied with the representations that have been made.

11.2      Notices

Employee agrees that any notices that are required to be given under this Agreement shall be given in writing, sent by certified mail, return receipt requested, to the principal place of business of the Company or residence of the Employee as set forth herein.

11.3       Entire Agreement

This Agreement represents the complete and exclusive statement of the employment agreement between the Company and Employee. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by the parties concerning their employment agreement.

11.4      The Effect of Prior Agreements or Understandings

This Agreement supersedes any and all prior Agreements or understandings between the parties, including letters of intent or understanding, except for those documents specifically referred to within this Agreement.

11.5      Modifications

Employee and the Company agree that this writing, along with those Agreements referred to within it, including, but not limited to, the Policy and Procedure Manual, constitutes the entirety of the Employment Agreement between the parties. Any modifications to this Agreement may only be done in writing and must be signed by the CFO of the Company.

11.6      Severability of Agreement

To the extent that any provision hereof is deemed unenforceable, all remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect.

11.7      Waiver of Breach

The waiver by the Company of a breach of any provision of this Agreement by Employee shall not operate as a waiver of any subsequent breach by the Employee. No waiver shall be valid unless placed in writing and signed by the CFO of the Company.

11.8      Ambiguities Related to Drafting

The Company and Employee agree that any ambiguity created by this document will not be construed against the drafter of same.

11.9      Choice of Law, Jurisdiction and Venue

Employee agrees that this Agreement shall be interpreted and construed in accordance with the laws of the State of Georgia and that should any claims be brought against Employer related to terms or conditions of employment it shall be brought within a court of competent jurisdiction within the county of Jackson, Georgia. Employee also consents to jurisdiction of any claims by the Company related to the terms or conditions of employment by a court of competent jurisdiction within the county of Jackson, Georgia.

11.10      Drug-Free Work Place

Employee agrees and understands that it is the policy of the Company to maintain a drug-free work place. The Company reserves the right to conduct periodic drug testing on a regularly scheduled basis for all employees. Refusal to submit to testing or testing positive for illicit drugs or controlled substances that the Company was not made aware of prior will result in immediate termination.

11.11       Criminal History

The Company reserves the right to conduct periodic Criminal History checks. Employee agrees to immediately inform Employer of any and all criminal or civil actions taken out against him/her. Employment is contingent upon employee maintaining no feloneous criminal history, no misdemeanor offenses related to theft or dishonesty, a pattern that does not display a disregard for the law, or any criminal or civil litigation that brings discredit or an adverse look upon employer or clients.

11.12       Probationary Period

                       An employee’s first ninety (90) days of employment are on a trial basis and are     
                       considered a continuation of the employment selection process. The ninety (90) day
                       probationary period provides the Company an opportunity to observe and evaluate
                       the capacity of the employee, which includes the employee’s ability to satisfactorily
                       perform the essential functions of his or her job; and to observe and evaluate the
                       employee’s work habits and conduct, including attendance and the employee’s
                       relationship with coworkers and superiors.

                       During this probationary period, the Company may terminate employment  
                       immediately, with or without cause and with or without notice. Likewise, the
                       employee may also terminate his or her employment with the Company at any time,
                       with or without notice and with or without cause.

                      This 90 day probationary period is not a term of employment and is not intended,
                      nor does it, impact the at will nature of the relationship between the Company and
                      the employee.

11.13       Statute of Limitations

Employee has a one year statute of limitation for the filing of any requests for mediation, or arbitration, or for any lawsuit related to this Agreement or the terms and conditions of their employment. If said claim is filed more than one year subsequent to Employee’s last day of employment it is precluded by this provision, regardless of whether the claim had accrued at that time or not.

11.13       Attorney Review

Employee warrants and represents that Employee in executing his Agreement has had the opportunity to rely on legal advice from an attorney of Employee’s choice, so that the terms of this Agreement and their consequences could have been fully read and explained to Employee by an attorney and that Employee fully understands the terms of this Agreement.

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Custom Canine Unlimited https://www.customcanineunlimited.com
Signature Certificate
Document name: Company Employment Terms
Unique Document ID: 6e6cadb8b5ca8da7f25086724acfe6095cd6207b
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2016-06-20 07:01:31 EDTCompany Employment Terms Uploaded by AJ Vargas - ajvargas@customcanineunlimited.com IP 166.102.118.213