Workforce Brokers
9 S Peachtree St
Norcross, GA, 30071
Telephone: 678-886-1046
Fax: 678-262-3610

EMPLOYMENT AT-WILL AGREEMENT

                This Employment At-Will Agreement ("Agreement") is made and entered into by and between Workforce Brokers, a Georgia Limited Liability Company having offices at Workforce Brokers, 9 S Peachtree St, Norcross, GA 30071, and   
* Workforce Brokers Employee]("Employee")


an individual residing at:  
* [Employee  ADDRESS]

                WHEREAS, Workforce Brokers is engaged in the business of commercial construction staffing and desires to retain the services of the Employee to work at construction sites upon the terms and conditions provided herein; and Workforce Brokers’s business is that of placing employees with third party businesses (referred to collectively as “Workforce Brokers’s Clients” or individually as “Workforce Brokers Client”); and

               WHEREAS, Employee is currently placed or desires to be placed from time to time at the direction of Workforce Brokers with one or more of Workforce Brokers's Clients as an at-will hourly employee of Workforce Brokers upon the terms and conditions provided herein,

NOW, THEREFORE, in consideration of mutual covenants contained herein, the parties agree as follows:

1.No Interference.  Employee hereby represents and warrants to Workforce Brokers that Employee is free to enter into this Agreement and has no prior or other obligations or commitments to any third party which would or might interfere with the acceptance or the full, uninhibited and faithful performance of the services to be provided hereunder.

                2.At-Will Employment.

2.1 Employee is at-will employee of Workforce Brokers, with an employment start date effective on the date and time of the work start date with one of Workforce Brokers’s Clients. Employee acknowledges and agrees that he shall be an employee of Workforce Brokers during the term of any assignment and shall be responsible to advise Workforce Brokers promptly of concerns, problems, complaints, legal matters or other questions that Employee has concerning his employment, status or work treatment while on an assignment. Employee shall remain an employee of Workforce Brokers during the course of an assignment and shall not be deemed an employee of the Workforce Brokers Client or entitled to or eligible to participate in any benefits offered by the Workforce Brokers Clients its employees.

2.2 Employee is hired by Workforce Brokers as an at-will hourly employee. There is no fixed term for employment or contract for employment for any specified period of time. The employee acknowledges and agrees that assignments from Workforce Brokers to one or more of Workforce Brokers ’s Clients shall not alter or affect the at-will employment status of the Employee with regard to any assignment or change in assignments.  The Employee may terminate his employment at will and for any reason.  Workforce Brokers may terminate Employee at-will at any time and for any reason in accordance with Georgia law governing at-will employees. Nothing in this Agreement, the Employee Handbook, or Arbitration Agreement alters the Employee’s status as an at-will employee of Workforce Brokers.

                3.Pay.

3.1 Employee shall only be paid for actual hours worked as evidenced by a properly completed time sheet.  Employee agrees and understands that time records of Workforce Brokers or Workforce Brokers’s Clients shall be conclusive as to the time approved by Workforce Brokers Client and worked by Employee. The Employee may call in and confirm the time records that have been submitted.

3.2 The Employee acknowledges and agrees that any deductions from pay for reimbursement of advances, fines for being late or failing to appear for an assignment, drug testing charges, or equipment purchases pre-approved by the Employee and/or required by an Workforce Brokers Client may be deducted from the Employee pay with notice, in accordance with the pay deductions in the Employee Handbook.

3.3 The Employee acknowledges and agrees that conduct on a job site may be detrimental to Workforce Brokers.  The Employee acknowledges and agrees that (1) damaging equipment or property of Workforce Brokers Clients or Workforce Brokers; or (2) failing to appear for an assignment at the specified day and time harms the contractual relationship between Workforce Brokers and Workforce Brokers Clients, and increases costs. The Employee agrees to reimburse Workforce Brokers for such damage caused by the Employee, failing to appear, or being habitually late for assignments in accordance with the fine schedule in the Employee Handbook.

3.4 Employee acknowledges and agrees that Workforce Brokers  has the sole power, authority and responsibility to negotiate or discuss with Workforce Brokers Clients the rate of payment at which services are to be performed. Employee acknowledges that payment rates involve sensitive and confidential information. Therefore, Employee hereby agrees not to divulge pay rates to any third party, including Workforce Brokers Clients, employees of Workforce Brokers Clients, managers or other Employees. If the Workforce Brokers Client downgrades the Employee pay class based on performance, that rate of pay will be the rate of pay for the Employee; provided however, that no deductions, fines, penalties, or pay class changes will result in the Employee being paid less than the minimum wage amount set by state or federal law.

                4.Assignments.

4.1 Assignment to another employment position at Workforce Brokers after a given assignment ends is based upon the Employee reporting after any assignment with any Workforce Brokers Client has ended. Employee understands and agrees that he will notify Workforce Brokers by email   (info@workforcebrokers.com) or text (678-886-1046) or fax (678-262-3610) or report in person to Workforce Brokers immediately upon the end of an assignment and report whether he is available for another assignment.  Employee understands that he may lose unemployment benefits with Workforce Brokers if he fails to report he is available for another assignment after the end of his work assignment with an Workforce Brokers Client.

4.2 Employee shall provide Workforce Brokers with one business day prior notice of Employee’s intention to terminate any assignment received by Workforce Brokers. Employee understands that the Workforce Brokers Client may reduce the length of any assignment at any time. Therefore, no advance notice of termination of an assignment from the Workforce Brokers Client or from Workforce Brokers is required. It is understood that, subject to the aforementioned notice provisions applicable to Employee, employment is at the mutual consent of both Employee and Workforce Brokers, and is at-will.

                5.Confidential Information.

5.1 Definition. Employee acknowledges that Workforce Brokers's operations, techniques, forms, documents, computer printouts, invoices, methods of doing business, clients, Independent Contractors, computer data, customer lists, databases and Workforce Brokers's accounts receivable are trade secrets and confidential information (herein "Confidential Information").

5.2 Duty to Preserve Confidential Information. Employee may receive certain Confidential Information during the term of this Agreement. Employee agrees to preserve the confidentiality of such information, and to make every effort to ensure that the confidentiality of such information is not compromised by any action or omission of Employee. Employee specifically agrees that he will not at any time, whether during or subsequent to the term of Employee's employment by Workforce Brokers, in any fashion, form, or manner, unless specifically consented to in writing by Workforce Brokers, either directly or indirectly, use or divulge, disclose, or communicate to any person, firm, or corporation, in any manner whatsoever, any Confidential Information of any kind, nature or description.

5.3 Specific Prohibitions. Employee shall not:

5.3.1 Disclose, grant, assign, license, sell, give away, or otherwise transfer to any third party, or develop, produce, promote, or otherwise exploit any idea, proprietary information, trade secret or Confidential Information, the knowledge of which Employee obtains by reason of Employee's relationship with Workforce Brokers hereunder,

5.3.2 Remove from Workforce Brokers's business premises any original or any copy of any Workforce Brokers document or form, including, without limiting the generality of the foregoing, computer data, computer printouts, or all or any portion of the Confidential Information, or

5.3.3 Undertake planning for or organization of any business activity competitive with Workforce Brokers's business or combine or join with other Employees, Independent Contractors, representatives for the purpose of organizing any such competitive business activity.

5.4 Return of Confidential and Order Material. Upon the termination of Employee's employment with Workforce Brokers hereunder, Employee will immediately return to Workforce Brokers any Confidential Information in Employee's possession or control.

                6.Non-Competition Covenant.

6.1. Specific Prohibitions. During the time of Employee employment by Workforce Brokers, and for a period of One Hundred and Eighty (180) days following termination of employment, however caused (whether your employment is terminated by you or Workforce Brokers and whether with or without cause or in breach of this Agreement) either individually or in partnership or jointly or in conjunction with any person as principal, agent, Independent Contractor, shareholder or in any other manner whatsoever carry on be engaged in or be concerned with or interested in or advise, lend money to, guarantee the debts or obligations of or permit your name or any part thereof to be used or employed by any person engaged in or concerned with description of aspect of business in which Employee is engaged within a Two Hundred (200) mile radius of where Workforce Brokers is conducting business at the time of your termination of employment. 

6.2. Prohibition on Working Directly for Workforce Brokers Clients. Employee specifically agrees to not work directly for any Workforce Brokers Client for a period of One Hundred and Eighty (180) days following termination of employment, however caused (whether your employment is terminated by you or Workforce Brokers and whether with or without cause or in breach of this Agreement) within a Two Hundred (200) mile radius of where Workforce Brokers is conducting business at the time of your termination of employment. 

6.3. Non-Solicitation of Clients. Employee agrees to not, without the prior written consent of Workforce Brokers, at any time during your employment with Workforce Brokers or for a period of One Hundred and Eighty (180) days from the termination of your employment however caused (whether your employment is terminated by you or Workforce Brokers and whether with or without cause or in breach of this Agreement), either individually or through any company controlled by you and either on your own behalf or on behalf of any person competing or endeavoring to compete with Workforce Brokers, directly or indirectly solicit, endeavor to solicit or gain the custom of, canvass or interfere with any person who is a Workforce Brokers Client as of the date of termination of your employment or use your personal knowledge of or influence over any such client to or for your own benefit or that of any other person competing with Workforce Brokers.

6.4. Non-Solicitation of Employees. Employee agrees to not, without the prior written consent of Workforce Brokers, at any time during your employment with Workforce Brokers or for a period of One Hundred and Eighty (180) days from the date of termination of your employment however caused (whether your employment is terminated by you or Workforce Brokers and whether with or without cause or in breach of this Agreement), either individually or through any company controlled by you and either on your behalf or on behalf of any other person competing or endeavoring to compete with Workforce Brokers, directly or indirectly solicit for employment, or endeavor to employ or to retain as an employee, independent contractor or agent, any person who is an Employee of Workforce Brokers as of the date of termination of your employment or was an Employee of Workforce Brokers at any time during One Hundred and Eighty (180) days prior to the termination of your employment.

6.5. Conduct Detrimental to Workforce Brokers. Employee agrees to not, without the prior written consent of Workforce Brokers, at any time during your employment with Workforce Brokers or for a period of One Hundred and Eighty (180) days from the date of termination of your employment however caused (whether your employment is terminated by you or Workforce Brokers and whether with or without cause or in breach of this Agreement), either individually or through any company controlled by you and either on your behalf or on behalf of any other person competing or endeavoring to compete with Workforce Brokers, directly or indirectly act or conduct himself in any manner which is contrary to the best interests of Workforce Brokers.

6.6. Irreparable Harm. Employee recognizes that immediate and irreparable damage will result to Workforce Brokers if Employee breaches any of the terms and conditions of this Section 6 and, accordingly, Employee hereby consents to the entry by any court of competent jurisdiction of an injunction against him to restrain any such breach, in addition to any other remedies or claims for money or damages which Workforce Brokers may seek.  Employee represents and warrants to Workforce Brokers his experience and capabilities are such that he can obtain employment in business without breaching the terms and conditions of this Section 6, and that his obligations under the provisions of this Section 6 (and the enforcement thereof by injunction or otherwise) will not prevent him from earning a livelihood.  Employee agrees to pay any and all reasonable attorney fees sustained by Workforce Brokers in connection with any breach of this Agreement.

6.7. Reasonableness. Employee understands and agrees that Workforce Brokers will expend significant time and resources in recruiting, qualifying, hiring, training Employee with the following skills and work ability *

Employee agrees that the restrictions set out above are reasonable and valid and all defenses to the strict enforcement of this non-competition covenant by Workforce Brokers is waived by you.

6.8. Agreement to Modification of Restrictive Covenants. While the restrictions in Section 7 is considered by Employee and Workforce Brokers to be reasonable in all of the circumstances as of the date of this Agreement, it is hereby agreed that if any one or more of such restrictions shall be judged to be void as going beyond what is reasonable in all of the circumstances for the protection of the interests of Workforce Brokers, but would be valid if part of the wording thereof were deleted or the period thereof reduced or the range of activities covered thereby reduced in scope, the said reduction shall be deemed to apply with such modifications as may be necessary to make them valid and effective and any such modification shall not thereby affect the validity of any other restriction contained in this Agreement.

                7. Miscellaneous.

7.1 Entire Agreement, Waiver and Amendment. This Agreement embodies and constitutes the entire understanding between the parties hereto with respect to the transactions contemplated herein, and all prior and contemporaneous agreements, understandings, representations, and statements, oral and written, are superseded by this agreement.

No provision of this Agreement shall be waived, modified, amended, discharged or terminated, except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought and then only to the extent set forth in such written instrument.

7.2 Applicable Law. This agreement and the parties’ actions under this Agreement shall be governed by and construed under the laws of the state of Georgia, without reference to conflict of law principles. The parties hereby expressly consent to the jurisdiction and venue of the federal and state courts within the state of Georgia. Each party hereby irrevocably consents to the service of process in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such party at its address set forth in the preamble of this Agreement, such service to become effective thirty (30) days after such mailing.

7.3 Paragraph Headings. Descriptive paragraph headings are for convenience only and shall not control or affect the meaning or construction of the provisions of the Agreement.

7.4 Gender. Whenever the context herein shall so require, the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa.

7.5 Unenforceability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or enforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

7.6 Delay is Not a Waiver. No waiver or delay in exercising rights by Workforce Brokers of any breach of this Agreement shall be deemed a waiver of any preceding or succeeding breach of the same or of any other provision hereof. Each and all of the several rights, remedies, and options of Workforce Brokers hereunder shall be construed as cumulative and no one of them is exclusive of the other or of any right, remedy or priority allowed by law or in equity.

7.7. Copy of Agreement. Employee acknowledges receipt of a copy of this agreement signed by Workforce Brokers. Workforce Brokers address above is where notices are to be sent. Notices and reporting between Employee and Workforce Brokers can also be by text, fax or email. Employee acknowledges that he has received a copy of the Employee Handbook and Arbitration Agreement.     * Initials:

7.8. The undersigned hereby warrants that he is over 18 years of age and competent to sign a contract in his name. The undersigned has read the foregoing and release before affixing his signature below and warrants that he fully understand the contents hereof, agrees to all the terms and conditions hereof, and that his employment with Workforce Brokers is at-will.

IN WITNESS WHEREOF, the parties have executed this Agreement on this date.

 

                                                                                             (in place of a signature enter your full name)

Date: 12/18/2017         

                                    EMPLOYEE NAME (PRINTED)                         * EMPLOYEE SIGNATURE

 

Signed for WORKFORCE BROKERS

Date: 12/18/2017        GEORGE IVANOV, CEO        ______________________
                                  NAME, TITLE                       SIGNATURE

 

Workforce Brokers is an equal opportunity employer and will not discriminate against any individual, employee, or application for employment on the basis of race, color, marital status, religion, age, sex, sexual orientation, national origin, handicap, or any other legally protected status recognized by federal, state or local law.

Copyright 2012 © WORKFORCE BROKERS