Terms and Conditions of Employment with Texas Diligent Staffing
1. Employer of Record
I acknowledge that my employer of record for my initial job assignment and any subsequent assignments is Texas Diligent Staffing. The applicable terms and conditions of this original job application apply to both my initial and any future assignments unless changed and/or modified by Texas Diligent Staffing in writing. If any provision of this job application is deemed unenforceable, such determination will not affect the validity of any other provisions, and the unenforceable provision will be adjusted to reflect the intent of the original provision to the greatest extent allowed by law.
2. At-Will Employment and Termination
I understand that my employment with Texas Diligent Staffing is "at-will," meaning it can be terminated at any time, with or without cause, and with or without notice, either by me or Texas Diligent Staffing, in accordance with Texas law. I acknowledge that job abandonment, with or without notice, may lead to immediate termination. To be eligible for temporary job assignments, I must register my availability for work daily with Texas Diligent Staffing. Failure to register may affect my eligibility for unemployment compensation, in line with Texas Workforce Commission guidelines. I understand that my employment terminates at the end of each workday unless I am informed otherwise.
3. Safety
As an employee of Texas Diligent Staffing, I agree to wear and use all safety equipment provided by the company, its customers, or equipment I own for any job assignment. I understand that failure to comply with safety regulations may result in suspension or termination of my employment. If I believe any job assignment is unsafe, I am required to immediately report this to my supervisor and Texas Diligent Staffing. In the event of a work-related injury or illness, I must report it immediately to my direct supervisor and Texas Diligent Staffing in order to receive medical attention through the designated Workers' Compensation network.
I understand that Texas law governs Workers’ Compensation, and I agree to look solely to Texas Diligent Staffing’s Workers' Compensation coverage in case of injury or illness during a job assignment. By signing this agreement, I waive and release any claims against Texas Diligent Staffing’s customers regarding injuries sustained while on assignment. I am not waiving any claims under Texas Diligent Staffing's Workers' Compensation policy.
4. Drug Testing
As an employee of Texas Diligent Staffing, I consent to drug and alcohol testing when required for any job assignment, in compliance with Texas Health & Safety Code. I agree that the results of such tests may be shared with Texas Diligent Staffing and its customers, provided that such sharing complies with applicable privacy laws. A positive drug test or refusal to submit to testing may result in the termination of my employment at the sole discretion of Texas Diligent Staffing.
5. Workplace Conduct
I understand that I am expected to maintain professional behavior at all times while on a job assignment with Texas Diligent Staffing. This includes showing respect to co-workers, supervisors, and customers. I am aware that misconduct, including but not limited to profanity, harassment, theft, or tardiness, may result in disciplinary action, up to and including termination, as per Texas law and Texas Diligent Staffing policies.
6. Benefits
I understand that my employment with Texas Diligent Staffing does not include fringe benefits, including health insurance, paid time off, or retirement benefits, unless otherwise provided for in writing.
7. Dispute Resolution
Texas Diligent Staffing and I agree that any dispute arising out of or relating to this Employment Agreement, including termination, breaches of contract, or violations of rights under federal, state, or local law, shall be resolved by binding arbitration, as governed by the Federal Arbitration Act. Arbitration will be conducted by the American Arbitration Association in accordance with its Employment Arbitration Rules. If arbitration is found to be unenforceable, both parties agree to resolve any disputes through a bench trial (trial by judge) rather than a jury trial, as permitted under Texas law.
8. Representative Actions
I understand that I may only be represented by others in legal actions against Texas Diligent Staffing if I provide written consent. Similarly, I agree not to represent others in legal claims without obtaining their written permission. This clause is subject to Texas Labor Code and relevant federal laws regarding collective or class action suits.
9. Filing Claims
Any claims arising out of or related to this Employment Agreement, including but not limited to breaches or alleged violations of rights, must be filed with the appropriate authorities within thirty (30) days from the date of the incident, in compliance with applicable Texas law.
10. Transportation
I agree that it is my sole responsibility to arrange transportation, whether public or private, to my assigned job location. Texas Diligent Staffing will not be responsible for any commuting expenses.
11. Release of Employment Records
By signing this agreement, I authorize Texas Diligent Staffing to maintain and release certain records related to my employment, including this application, I-9 forms, and drug test results, to third parties such as Texas Diligent Staffing's customers, in accordance with applicable privacy laws. Additionally, I authorize Texas Diligent Staffing to contact my current and previous employers to verify employment history, wages, and performance, as per the Texas Workforce Commission's guidelines.