Rose Pest Solutions
New Employee Information Package
For ENAME, (herein after referred to as “the Employee”) and Rose Pest Solutions (herein after referred to as “the Company”)
HDATE
New Employee Information Check List
Government
W4 (State)
W4 (Federal)
Form I-9 (Employment Eligibility Verification)
Insurance
Enrollment Card
Hospitalization Insurance Authorization to Deduct/Refusal
Employee
In Case Of Emergency
Sales Commissions For Service Personnel
At-Will Employment Agreement
Personal Appearance Standards
Communication
Drug Screen
Theft
Automobile
Automobile Reimbursement
Company Owned Vehicle Insurance Deductible
Abstract Of Driving Record
Automobile Insurance
Rules Regarding The Use Of A Service Vehicle
Service Vehicle Policy
Service
Daily Report Sheets and Service Ticket
Uniforms
Equipment Issued
Responsibility
Work Standards
Material Requisitions
1
Rose Pest Solutions
Hospitalization Insurance
Hospitalization Insurance Deductions
I hereby authorize the company to deduct insurance costs from my payroll check. I understand the company will pay a portion of the single health insurance coverage and I must pay the remainder. If I choose to cover my family, I and not the company will pay the additional insurance cost.
Hospitalization Insurance Refusal
I have been given the opportunity to enroll in the company’s health insurance program but do not desire to do so at this time.
Part Time Employees (Not Eligible For Medical Insurance)
I have been made aware of the fact that the company does not offer health insurance coverage for part time employees.
I understand that as a part time employee, I am not eligible for medical insurance.
In Case Of Emergency
Immediate Family Member:
Name: ______
Address: ______
City: ______State: ______
Phone: ______
Nearest Relative (Not Living With You)
Name: ______
Address: ______
City: ______State: ______
Phone: ______
Additional Name
Name: ______
Address: ______
City: ______State: ______
Phone: ______
Sales Commissions For Service Personnel
For Service Technicians On An Hourly Wage:
3% for applications (short term services less than 6 months),
6% for regular services.
For Service Technicians On Service Commissions:
10% for applications (short term services less than 6 months),
15% for regular services.
Termite and power spraying services will have the cost of all materials used deducted from the total service price prior to issuing commissions.
Car expenses for sales are built into the commissions paid. No additional vehicle expenses for sales will be reimbursed.
“At-Will” Employment Agreement
This “At-Will” employment agreement, made and entered into on HDATE in the State of Illinois, in the County of Cook between Rose Pest Solutions, “the Company”, and ENAME, “the Employee”.
Witnesseth:
Whereas, “the Company” is engaged in the pest control, exterminating, fumigating and termite control
business, which business requires secrecy in connection with the methods and systems employed; and whereas, for the proper protection of “the Company”, it is absolutely necessary and essential ( which necessity “the Employee” expressly recognizes ) that all matters connected with, arising out of, or pertaining to the business of “the Company”, its methods and systems and the names of its customers be kept secret and confidential as good will belonging to “the Company”; and whereas, the territory hereinafter set forth in Paragraph 8 has been solicited by “the Company” through its sales representatives and advertising media, and a valuable and extensive trade has been established thereby at great expense to “the Company”; and whereas “the Employee” desires to be employed by “the Company”, and by virtue of such employment, “the Company” will impart to “the Employee” and “the Employee” will become possessed of the knowledge of the names and lists of customers of “the Company” within the said territory and the methods and systems employed by “the Company”; and
Whereas, “the Company” will sustain great loss and damage if, during the term of this agreement, or for a period of two ( 2 ) years immediately following its termination for any reason whatsoever, “the Employee” should, for him or herself, or on behalf of any other persons, company, partnership or corporation, person, call upon the trade, customers or clientele of “the Company” for the purpose of soliciting or selling any pest control, exterminating, fumigating or termite control services in the territory as set forth herein.
Now, therefore, “the Company” and “the Employee” , in consideration of the covenants and agreements herein contained and in further consideration of the benefits and advantages flowing from each to the other, covenant and agree as follows:
- “The Company” hereby employs “the Employee” as Technician for its office located at: 414 Frontage Rd Northfield, IL 60093.
Compensation Increase or Decrease
2. The compensation of “the Employee” may be increased or decreased at the sole and exclusive option of “the Company”, based upon value to “the Company”.
“At-Will” Employment Agreement
Page 2
Employee Declaration of Devotion
3. “The Employee” agrees that (s)he will at all times faithfully and industriously perform all the duties which “the Company” may require of him/her and that (s)he will devote his/her entire time and attention to the furtherance of the business of “the Company”. “The Employee” will faithfully adhere to and fulfill policies established by “the Company” in the operation of its business and in its relations with its employees and customers. “The Employee” shall forward reports to “the Company” at such times and on such forms as requires. “The Employee” shall have no right whatsoever to make any contracts binding on “the Company”, except contracts for service with customers of “the Company“ at the prevailing rates established by “the Company”.
Employee Responsibility for company Possessions
4. “The Employee” does explicitly understand and agree that all funds received by him or herself on behalf of “the Company” shall be held in trust, and (s)he shall keep a just and true account of the collections received by him or herself from customers of “the Company”. (S)he shall turn in and account for any and all collections or demands, and shall be responsible for any and all technical data, books, equipment, chemicals or other property of “the Company” which may come into his/her possession by reason of this employment. In the event this employment is terminated for any reason whatsoever, “the Employee” shall immediately turn in to “the Company” and account for all such equipment and property and shall be entitled at such termination, only to such sums of money as may be due him/her under the provisions herein.
Company’s Right to Withhold Earnings
5. “the Company” shall and does have the right and authority to withhold any sums of money due to Employee and to apply the same to any indebtedness of “the Employee” owing to “the Company”, such as: money, advances of pay or loans, or equipment not returned.
Employee’s Non-Compete Agreement
6. “The Company” and “the Employee” agree that “the Company” is engaged in the pest control, exterminating, fumigating and termite control business, and has built up and established a valuable and extensive trade in the following described territories: State of Illinois in the counties ofCook, and Lake.
The business connections, clientele and customers of “the Company” have been established and maintained at a great expense to “the Company”. By virtue of this employment, “the Employee” will become familiar with and he possessed of the knowledge of the names and lists of the customers and clientele of “the Company”. “The Employee” , through his/her representation of “the Company”, will become personally acquainted with the customers and trade of “the Company”. “The Company” will sustain great loss and damage if, during the term of this agreement, or for a period of two ( 2 ) years immediately following its termination for any reason whatsoever, “the Employee” should, for him or herself, or on behalf of any other person, persons, company, partnership or corporation call upon the trade, customers or clientele of “the Company” for the purpose of soliciting or selling any pest control, extermination, fumigating or termite control service in the territory as set forth herein.
“At-Will” Employment Agreement
Page 3
“The Employee” hereby expressly covenants and agrees, which covenants and agreements are of the essence of this contract, that (s)he will not, during the term of this agreement and for a period of two ( 2 ) years immediately following the termination of this agreement, for any reason whatsoever, directly or indirectly, for themselves or on behalf of, or in conjunction any other person, persons, company, partnership or corporation:
(6A) call upon any customer or customers of “the Company” solicited or contacted by “the Employee” or whose account was serviced by “the Employee” , pursuant to his/her employment hereunder, for the purpose of soliciting or selling any pest control, exterminating, fumigation or termite control service for the eradication or control of rats, mice, roaches, bugs, vermin, termites, beetles, or other insects within the territory stated in Paragraph 6(E);
(6B) nor will (s)he divert, solicit or take away any such customer or customers of “the Company” or the business or patronage of any such customers of “the Company” for the purpose of selling a service for eradication or control of rats, mice, roaches, bugs, vermin, termites, beetles, or other insects within the territory stated in Paragraph 6(E);
(6C) nor will (s)he call upon, divert or solicit any person, persons, company, partnership or corporation for the purpose of selling any service for the eradication of rats, mice, roaches, bugs, vermin, termites, beetles, or other insects within the territory stated in Paragraph 6(E);
(6D) nor will (s)he service any contracts or accounts for other employers, or for him or herself, anywhere within the territory stated in Paragraph 6(E);
(6E) nor will (s)he be engaged in the lawn or ornamental pest control service, pest control, exterminating, fumigating or termite control business anywhere within fifty ( 50 ) miles from “the Company’s service.
Employers Right to ChangeServiceTerritory
7. “The Employee” recognizes and agrees with “the Company” that in this “At-Will” Employment Agreement between “the Company” and “the Employee” , “the Company” has the right, at any time and for reasons sufficient to “the Company”, to change the territory assigned to “the Employee” , resulting in “the Employee” being changed from the assigned territory to an entirely different territory, and in the event of such change, that the conditions, terms and provisions of this agreement shall pertain and apply in every particular to any territory in which “the Employee” is assigned and has worked for “the Company” during any part of the twelve ( 12 ) month period next preceding the termination of this agreement for any reason whatsoever. “The Employee” does expressly understand and agree that in the event of a change of territory to which (s)he may be assigned by “the Company”, his or her responsibilities and obligations as to each and every covenant as set forth in Paragraph 6 above shall pertain and apply in every particular ( in addition to the territory stated in Paragraph 6 above ) to any territory to which “the Employee” is assigned and has worked for “the Company” during any part of the twelve ( 12 ) month period next preceding the termination of this agreement for any reasons whatsoever.
“At-Will” Employment Agreement
Page 4
Severable and Separate Restrictive Covenants of Paragraphs * ( and its subparagraphs ) and 9
8(A). “The Company” and “the Employee” agree that the restrictive covenants contained in Paragraph 6, or any of its subparagraphs, and Paragraph 7 are severable and separate and the unenforceability of any specific covenant therein shall not affect the validity of any other covenant set forth therein. These covenants on the part of “the Employee” shall be construed as an agreement independent of any other provision in this agreement, and the existence of any claim or cause of action of “the Employee” against “the Company”, whether predicted on this agreement or otherwise, shall not constitute a defense to the enforcement by “the Company” of said covenants.
8(B). “the Employee” acknowledges that, in any action at law or in equity for breach of the covenants set forth in Paragraphs 6 and 7 herein above, damages would be difficult, if not impossible, to predict in advance with certainty. Accordingly, “the Employee” acknowledges and agrees that any violation by him or her of the covenants set forth in said Paragraphs 6 and 7 would cause irreparable damage to “the Company”. Therefore, “the Employee” covenants that, upon the finding by a court of competent jurisdiction that any or all portions of Paragraphs 6 and 7 have been violated by “the Employee” , a judgment in the amount of $15,000.00 shall be entered without delay or defense against “the Employee” , in favor of “the Company”; in addition to which “the Company” shall be entitled to injunctive relief against “the Employee” for the purpose of preventing future and additional violations of those provisions. In addition, “the Employee” shall indemnify, defend and hold harmless “the Company” for any and all reasonable attorney’s fees, costs and other expenses, in connection with the enforcement of any of the terms and provisions of this “At-Will”Employment Agreement.
9. “The Employee” distinctly understands and agrees that the nature of “the Company”’s business, the customer list of “the Company”, the information with respect to the methods and systems used by “the Company” in its business, the training received by “the Employee” , and the information which “the Employee” receives in the form of Technical Bulletins, are all of a confidential nature, and agrees further that the restrictions set forth and contained in Paragraphs 6 and 7 above are reasonable, both with respect to the length of their duration and with respect to the territory included therein.
“The Employee” further agrees that these restrictions are reasonably necessary for the protection of the business and good will of “the Company”. It is specifically understood and agreed by the parties hereto, however, that the obligations of “the Employee” pursuant to the provisions of Paragraph 6 will terminate and cease if, during the time stated, or in the area described therein, “the Company” shall cease to carry on all phases of its business.
Explanation of Termination
10. This is an “at-will” employment relationship
Succession of Agreement
11. The provisions of this agreement shall extend to the successors, surviving corporations and assigns of “the Company” and any purchaser of substantially all of the assets and business of “the Company”. The term “Company” shall be deemed to include any corporation, a majority of the stock of which is owned by “the Company”.
“At-Will” Employment Agreement
Page 5
Mutual Party Agreement
12. This contract includes the entire agreement of the parties and sets forth the entirety of the consideration
to which “the Employee” shall be entitled hereunder, and all of the inducements made to “the Employee” in order to induce him or her to sign and execute this agreement. No alteration, modification, or change of this agreement whatsoever, including any alleged inducement made to “the Employee” to enter into this agreement, shall be claimed unless in writing and executed on behalf of “the Company” by the President and approved by Robert J. Dold and by “the Employee” .
Cumulative Rights
13. All of the rights of “the Company” and “the Employee” hereunder shall be cumulative and not alternative, but a waiver or indulgence on the part of “the Company” or “the Employee” of any rights or entitlement hereunder shall not be construed as a waiver of any other rights or entitlement hereunder by either “the Company” or “the Employee” . No notice shall be required by “the Company” or “the Employee” to enforce strict adherence to all the terms of this agreement.
14. This agreement shall not fail though any part nor clause hereof shall be held indefinite or invalid.
15. “The Employee” certifies that (s)he is over 18 years of age, AND HEREBY ACKNOWLEDGES HAVING READ THE ENTIRE CONTENTS OF THIS “AT-WILL” EMPLOYMENT AGREEMENT BEFORE SIGNING HIS OR HER NAME BELOW.
In witness whereof, “the Company” and “the Employee” have affixed their hands and seals on this, the day and year first above written, “the Company” acting through its authorized officers.
Personal Appearance Standards
General Dress Code Principles
Employees who are involved in inspections and material application must wear the Company uniform with a long sleeved shirt and must wear leather boots or leather shoes during work hours.
Men’s hair must be combed and neatly cut above the collar. Women’s hair must be combed, arranged in a professional and conservative manner and not excessively long so as to be dangerous.
Men may wear moustaches, beards and sideburns, so long as they are kept neat and well trimmed and do not interfere with respiratory equipment nor present a potential contaminant for our food processing clients. We prefer, however, an employee to be clean shaven.
All employees must pay close attention to personal hygiene such as breath and odor. Men may not wear earrings. Women may wear no more than two earrings per ear, appropriate for business, and only attached to the lobe of the ear. No employee may report to work with pierced eyelids, nose, lips or other body parts except as mentioned above.
Athletic caps, jackets or sweaters or other similar attire with the names and/or logos of businesses or organizations other than Rose Pest Solutions are not acceptable at work.
The proper dress for Company functions, state meetings, Purdue conferences or other related functions is the Rose Pest Solutions company uniform, slacks and shirt (no jeans), or skirt and blouse and a jacket or sweater. A tie is recommended.