This Agreement is entered into between Full Spectrum Behavior Analysis LLC (referred to as FSBA) and {rbtFull} (referred to as Employee). The parties agree as follows:
1. AT WILL EMPLOYMENT: FSBA and the Employee agree that the Employee’s employment with FSBA will be “at-will,” meaning that the Employee is free to resign, and subject to the conditions of this Agreement, FSBA is free to terminate the Employee’s employment at any time, with or without Cause (for any reason or no reason).
2. Employee will provide timely and appropriate behavioral services as needed by FSBA. Employee will comply with the direction provided by his/her supervisor in providing ABA services to FSBA’s clients. Employee will provide his/her own necessary equipment and pay all of his/her expenses, including travel.
3. PAYMENT FOR SERVICES: Pursuant to this Agreement, FSBA will pay Employee the greater of state or federal minimum wage plus time and a half for hours worked over forty in a calendar week or, if greater, FSBA will pay Employee for the services provided and invoiced to each of FSBA’s Medicaid or Med Waiver Clients and FSBA’s private insurance clients not affiliated with the Medicaid program at the rate of ${rbtPay} per hour.
4. Employee understands and agrees that Employee is not an agent of FSBA. Employee understands and agrees that Employee is not entitled to any of the benefits FSBA may provide to other employees, except as explicitly stated in this Agreement. It is understood that FSBA does not agree to use Employee exclusively or guarantee to refer any number of clients or any level of total compensation. Employee will not be entitled to receive any vacation or illness payments, or to participate in any plans, arrangements, or distributions by FSBA pertaining to any bonus, stock option, profit sharing, insurance, or similar benefits for FSBA's other employees, except as may be explicitly stated in this Agreement.
5. Employee agrees to provide services in a non-discriminatory manner and shall not discriminate based upon race, gender, religion, age, disability, or national origin, and will comply with all State and Federal Laws regarding same.
6. Employee represents that Employee is fully familiar with the requirements of Florida law and the Health Insurance Portability and Accountability Act of 1996, HIPAA, as a result of Employee’s professional education and training. Employee agrees to protect the Client’s privacy in accordance with State law and the Health Insurance Portability and Accountability Act of 1996, HIPAA.
7. Employee acknowledges that both prior to and during the term of this Agreement Employee may develop, acquire or be furnished by others confidential proprietary information, ideas, concepts, improvements, discoveries, inventions, marketing information or customer information relating to FSBA’s business interests (all such information and information relating to the services performed by Employee hereunder being referred to hereinafter as “Confidential Information”). Employee recognizes that the protection of the Confidential Information against unauthorized use and disclosure is of critical importance to FSBA and, therefore, in addition to other duties and obligations that may be imposed by law, agrees: (a) Employee will not, and will not permit any of its employees, agents or affiliates, at any time, either during the term of this Agreement or thereafter, directly or indirectly, to make any independent use of, or disclose to any other person or organization, any of the Confidential Information, without the prior express written consent of FSBA; and (b) Upon termination of this Agreement, Employee will promptly deliver to FSBA all Confidential Information, including but not limited to all Client information and medical records, formulas, processes, sales and customer information, letters, notes, notebooks reports, studies and documents, and all copies thereof, which are in the possession of or under the control of Employee.
8. The parties understand and agree that this written agreement incorporates all of the mutual promises by each and no separate understanding, promises or representation have been made upon which either party has relied to enter into this agreement.
9. Offer is contingent on Employee passing all screening and onboarding requirements.
10. Full Spectrum Behavior Analysis may rescind this offer at any time during the onboarding process.