A-Plus Home Health Agency, LLC

5311 Northfield Rd., Ste 420, Bedford Heights, OH 44146

This AGREEMENT, entered into today between A-Plus Home Health Agency, LLC (the Employer and/or the Company), and yourself (the Employee). 

 

WHEREAS the Employer intends to hire the Employee for the position stated below

and the Employee desires to provide their services on the conditions set forth.

NOW, IN CONSIDERATION of promises and other good and valuable consideration the parties agree to the following:

I. Position; Employment Period

The Employer hereby employs the Employee and the Employee hereby agrees to serve in such capacity, for the period beginning on the date stated below and ending on the date on which the Employee's employment is terminated in accordance with paragraph 6 below (Amendment and Termination) The Employer agrees to hire the Employee AT-WILL

AT-WILL means this Agreement may be terminated at any time by either the Employee or Employer. After termination by any of the Parties, neither will have any obligation other than the non-disclosure of the Employer's proprietary information as outlined in Section XII and any non-compete listed in Section XIII.

a. Employee's Termination. The Employee shall have the right to terminate this Agreement at any time, with or without cause by providing at least 14 days' notice. If the Employee should terminate this Agreement, he or she shall not be entitled to any severance, benefits, or any form of compensation beyond his/her last day of employment. Failure to provide at least a 14-day advance notice of intent to terminate this contract will result in the Employee's rate of pay being decreased to a default pay rate equal to the Ohio Minimum Wage rate of pay. This default rate will be applied to all of the hours of compensation included on the Employee's final pay.

b. Employer's Termination. The Employer shall have the right to terminate this Agreement at any time with or without cause, explanation or notice. Furthermore, any violation, breach, or infraction of any of the terms set forth in this Agreement shall constitute cause for the Employer to terminate this Agreement. If the Employer should terminate this Agreement, the Employee shall not be entitled to any severance, benefits, or any form of compensation beyond his/her last day of employment.

II. Performance of Duties & Compliance The Employee agrees that during the Employment Period he shall devote his/her full business time to the business affairs of the Company and shall perform his/her duties faithfully and efficiently subject to the direction of the CEO of the Company; provided that the foregoing shall not limit or prevent the Employee from serving on the board of directors of charitable organizations or other business corporations not in competition with the Company. The Employee shall not be assigned duties and responsibilities that are not generally within the scope and character associated or required of other employees of similar rank and position. In carrying out the duties and responsibilities of their position, the Employee agrees to adhere to any and all policies, procedures, rules, regulations and codes of conduct as administered by the Employer. In addition, the Employee agrees to abide by

all local, county, State, and Federal laws while employed by the Employer. If the Employee does not adhere to this Agreement, including any task or obligation that is related to the responsibilities of their position, the Employer may terminate this Agreement with or without notice.

III. Compensation Subject to the following provisions of this Agreement, during the Employment Period the Employee shall be compensated for his services as follows:

a As compensation for the services provided, the Employee shall be paid according to the dollar amount and frequency stated on the final, executed version of this document.

IV. Pre-Employment Fees The Employee hereby agrees to pay for all pre-employment fees by direct payroll deduction. The fees include, but are not limited to:

a) Drug Screening/Physical Examination: $100-$150

b) BCI/FBI background check: $32-$85

c) Driver's Abstract: $8 and up depending on state of driver's license (NMT employees only)

d) Training Classes (i.e., CPR, Medication Administration, Inservices, etc.,): TBD

These fees will be added together and the total will be split into up to four payments. Each payment will be deducted from the Compensation paid to the Employee. The repayment schedule may be re-determined at the sole discretion of the CEO, at any time and for any reason without cause, explanation or notice. At any time, the CEO retains the right to accelerate the re-payments of the total fee amount for any reason without cause, explanation or notice causing the total amount to become due sooner than stated above, and/or all at once. Certain reasons for acceleration include, but are not limited to:

- Termination of the Agreement or resignation of the Employee

- Occurrence of an event or events resulting in disciplinary action being taken against the Employee

- Suspension of the Employee

- In the event the Employee defaults on a single re-payment

V. Confidentiality During and after the Employment Period the Employee understands and agrees to keep any and all information confidential regarding the Company, business plans, inventions, any Company documents and/or documentation, any documents and/or documentation pertaining to the Company or its subsidiaries, designs, products, services, processes, trade secrets, copyrights, trademarks, customer information, customer lists, prices, analytics data, costs, affairs, and any other information that could be considered proprietary to the Employer ("Confidential Information" The Employee will not divulge or appropriate to his/her own use or to the use of others any Confidential Information or that of any of its subsidiaries, obtained by the Employee while employed by The Company or any of its subsidiaries. The Employee understands that disclosure of any such Confidential Information, either directly or indirectly, shall result in litigation with the Employer eligible for equitable relief to the furthest extent of the law, including but not limited to, filing claims for losses and/or damages. In addition, if it is found that the Employee divulged Confidential Information to a third (3rd) party with the Employer shall be entitled any and all reimbursement for their legal and attorney's fees.

a) Post Termination. After the Employee has terminated their employment with the Employer, the

Employee shall be bound to Section V of this Agreement for a period of 2 Years ("Confidentiality Term") If the Confidentiality Term is beyond any limit set by local, State, or Federal laws, then the Confidentiality Term shall be the maximum allowed legal time-frame.

VI. Non-Compete During the term of employment, the Employee understands that he or she will be subject to learning proprietary information, including trade secrets, which could be applied to competitors of the employer. Therefore, in order to protect the fiduciary interests of the Employer, the Employee agrees to the following

Communicating with related business owners, partners, members, officers, or agents concerning the Company and its Confidential Information and that of its subsidiaries and/or; Soliciting any customer, client, affiliate, vendor, or any other relationship of the Employer for the Employee's personal gain or for the personal gain of a competitor of the Employer. This Non-Compete shall be in effect for 2 years following the date of the Employee's termination.

VII. Remedies If at any time the Employee violates to a material extent any of the covenants or agreements set forth in paragraph V or VI the Company shall have the right to terminate all of its obligations to make further payments under this Agreement. The Employee acknowledges that the Company would be irreparably injured by a violation of paragraph V or VI and agrees that the Company shall be entitled to an injunction restraining the Employee from any actual or threatened breach of paragraph V or VI or to any other appropriate equitable remedy without any bond or other security being required.

VIII. Employee's Role The Employee shall not have the right to act in the capacity of the Employer. This includes, but is not limitedto, making written or verbal agreements with any customer, client, affiliate, vendor, or third (3rd) party.

IX. Attendance The Employee must appear at the Employee's assigned workplace location at the time scheduled. If the Employee does not appear, for any reason, on at least 2 separate occasions in a 12-month calendar period the Employer has the right to terminate this Agreement immediately without notice. Termination for the reasons set forth under this paragraph will result in the Employee's rate of pay being decreased to a default pay rate equal to the Ohio Minimum Wage rate of pay. This default rate will be applied to all of the hours of compensation included on the Employee's final pay.

X. Employer Property From time to time it may be necessary for the Employer to issue Property to the Employee to fulfill job requirements. For purposes of this Agreement "Property" shall include items such as motor vehicles, uniforms, communication devices, phones, tools, computers, laptops, I.D. badges and any other equipment or items issued by the Employer. Any such Property issued to the Employee by the Employer shall remain the sole property of the Employer. Upon termination or cancellation of this Agreement, the Employee must agree to return all Company- owned or Company-issued Property by the final day of employment or the date of termination. Furthermore, the Employee must agree to return any or all company-owned Property at any other time the Employer so requests. The cost of unreturned or damaged items may be deducted from any compensation owed to the Employee. If such compensation is not enough to cover the cost of unreturned or damaged Property the Employee may be subject to further collection efforts.

XI. Disability If for any reason the Employee cannot perform their duties, by physical or mental disability, the Employer may terminate this Agreement by giving the Employee a written or verbal notice.

XII. Amendment and Termination

This Agreement may be amended or cancelled by mutual agreement of the parties without the consent of any other person and, so long as the Employee lives, no person, other than the parties hereto, shall have any rights under or interest in this Agreement or the subject matter hereof. The Employment Period shall terminate as of the earliest of: (a) The date of termination according to the terms of Paragraphs I, II and IX of this Agreement; or (b) The date of cancellation of this Agreement by mutual agreement of the parties (b) The date on which the Employee's death occurs; or (c) The date on which the Company gives notice to the Employee if such termination is for Cause or Disability. 1. For purposes of this Agreement, "Cause" means the Employee's gross misconduct resulting in material damage or non-material damage to the Company, or the Employee's willful or unintentional material breach or non-material breach of this Agreement.

XIII. Notices All notices that are to be sent under this Agreement shall be done verbally or in writing and to be delivered via text message or Certified Mail (return receipt) to the following mailing mobile phone numbers and addresses:

Employer:  A-Plus Home Health Agency, LLC, 5311 Northfield Rd. Ste 420, Bedford Heights, OH 44120

Employee: As state below

The aforementioned mobile phone numbers and addresses may be changed with the act of either party providing

XIV. Successors This Agreement shall be binding upon, and inure to the benefit of, the Company and its successors and assigns and upon any person acquiring, whether by merger, consolidation, purchase of assets or otherwise, all or substantially all of the Company's assets and business.

XV. Severability This Agreement shall remain in effect in the event a section, paragraph or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section. In such case, the affected provision or section shall be enforced as so limited.

XVI. Waiver of Contractual Right

If the Employer or Employee fails to enforce a provision or section of this Agreement, it shall not be determined as a waiver or limitation. Either party shall remain the right to enforce and compel the compliance of this Agreement to its fullest extent.

XVII. Governing Law This Agreement shall be governed under the laws in the State of Ohio.

XVIII. Entire Agreement. This Agreement, along with any attachments or addendums, represents the entire agreement between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between the Employer and Employee.