STATE OF SOUTH CAROLINA ) HOURLY EMPLOYEES
) EMPLOYMENT AGREEMENT
COUNTY OF HORRY )
This Employment Agreement (hereinafter referred to as Agreement) made and entered into this ______ day of _________________, 200_, by and between Accurate America 16316p152q n Wood Trusses LLC, (hereinafter referred to as the Employer), and _____ _______ ______ ____________ (hereinafter referred to as Employee).
In consideration of the mutual agreements set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, the Employer and Employee agree as follows:
1. Duties. Employee shall devote his or her full business time during normal business hours to the business and affairs of employer and shall use his or her best efforts to perform faithfully and efficiently the responsibilities assigned by Employer. Employee will be expected to perform multi-task duties and to perform such duties as may be set forth in Employee's job description and/or assigned by his or her supervisor. Employee shall work exclusively for Employer except as to outside work or projects specifically approved by Employer in advance of the outside employment. Employee's initial employment shall be on a probationary status for 120 days. Employee may be terminated at any time during the probationary period without notice and for any or no reason. Successful completion of the probationary period does not alter Employee's at-will status.
2. Compensation and Benefits. In consideration for Employee's services, promises and the other undertakings and obligations agreed herein, Employee shall be compensated as follows:
A. Compensation. Employee shall be compensated at the rate of $_____________ per hour. Deductions will be made for appropriate federal and State tax withholdings including the employee's share of Social Security and Medicare taxes.
The date of payment is on the 10th day of the following month; if the 10th day falls on a Saturday or Sunday, then the date of payment will be the first work day after the 10th day of the month.
B. Benefits. Employee shall be entitled to all benefits available to hourly employees of the Employer, subject to the express terms of any policies adopted by Employer.
3. Work Hours. Employee's normal work hours shall be from 7:00 a.m. until 4:00 p.m., and/or such other hours as may be assigned by Employer, with an unpaid lunch break of 1 hour each day as scheduled by the Employee's supervisor. Employer anticipates a change in work hours to a shift schedule once production operations are underway and Employee is aware of and agrees to such change.
4. Materials and Supplies. Employer will supply at its expense certain materials and/or
supplies necessary for the position held by Employee. Employee agrees to properly care for and be responsible for all such equipment and shall immediately return all equipment to Employer upon completion of performance of services under this Agreement. Employee shall keep an accurate inventory of supplies used, as may be required by Employer. Deductions will be made from Employee wages if tools or equipment is lost or damaged, or company vehicle is damaged, if caused by Employee
5. Employment at Will Status/Termination. Employee acknowledges that Employee's employment is at will which means that Employee's employment is for no definite term and either party may terminate the employment at any time for any or no reason. Although either party may terminate employment and thereby cancel this Agreement at any time (except as to Paragraphs 8, 9, 10 and 11), Employee agrees to give Employer at least two (2) weeks notice of resignation. Employer may elect to provide two (2) weeks pay. Employee acknowledges that this notice requirement does not change Employee's "at-will" status. Paragraphs 8, 9, 10 and 11 of this Agreement shall survive termination of employment and this Agreement, and shall remain in full force and effect as provided therein.
6. Computer Equipment, Records and Files. All records, files, work papers, schedules, correspondence, manuals, written articles, websites, memoranda and other documents concerning clients of Employer or issued or prepared by Employer belong to and will remain the property of Employer. Employee shall not enter any password into the Employer's computer system unless the password has been recorded in the records of the Company's administrative office. Employee agrees and understands that he or she has no expectation of privacy with respect to any messages, information or data composed, sent or received on the Company's electronic mail system and computer system.
7. Work Rules. Employee agrees to abide by all workplace rules adopted by Employer.
8. Employee's Covenant to the Company as to Confidential Information. In entering into this Agreement, Employee acknowledges the following: (1) the Company has expended considerable resources in development of its customer network and in obtaining contracts with its customers; (2) through Employee's employment with the Company, Employee will develop a substantial relationship with the Company's existing and potential Customers; (3) Employee will continue to be entrusted with valuable proprietary, strategic and other confidential business information about the Company, its Customers and potential customers and the Company's relationship with its Customers and potential customers; and (4) the foregoing matters are significant interests which the Company is entitled to and shall at all times protect.
Employee acknowledges that Employee now has or will obtain knowledge of the Company's trade secrets and that the Company will disclose to Employee strategies, methods and procedures, designs, cost information, technical, financial and commercial information, customer lists and other business data and information, including pricing information, which constitute the property of the Company, including names and lists of customers that enable the Company to compete successfully in its business of designing, engineering, cutting, assembling, and selling wood trusses. Employee hereby agrees to treat all such matters relating to the Company's business and confidential information entrusted to Employee solely for use in Employee's capacity as a Company employee and never to divulge or disclose such information in any way to any person(s) outside the Company's employ. Such restriction only applies to "trade secret" information as defined by the South Carolina Code Section 39-8-20(5), as amended, as it may from time to time be amended, and does not apply to information that has become public knowledge.
Employee agrees to maintain all information concerning access codes to computer information confidential and never to use said code or information outside the scope of this Agreement. Upon termination of this Agreement, Employee shall deliver all documents, drawings, writings, electronic storage devices, and other tangible items containing any confidential information to Employer without making or retaining copies, excerpts, or notes of such information.
9. Acknowledgement of Reasonableness of Agreement. By executing this Agreement, Employee acknowledges that Employee has read this Agreement and agrees to all of the terms contained in the Agreement and agrees that the covenants and restrictions herein are reasonable and are reasonably required for the protection of the Company's interests. Employee further acknowledges and agrees that any violation of this Agreement shall subject Employee to immediate dismissal, as well as to any and all legal remedies available to the Company for injunctive and/or monetary relief.
10. Enforcement and Liquidated Damages for Breach. The parties hereto agree that
a breach or threatened breach of any protected or restrictive provisions contained in Paragraphs 8 and 9 above shall cause immediate and irreparable harm to Employer for which legal remedies alone are inadequate to compensate. Therefore, Employee agrees that these provisions shall be enforceable by equitable process of injunction in addition to, but without limitation of, any monetary damages, sanctions, or other legal remedies available, plus recovery by Employer of its reasonable legal fees and expenses incurred in enforcing these provisions, and without the necessity of posting bond or other security. As an additional remedy, the parties agree that the Non-Competition provisions set forth in Paragraph 9 may be extended for an equal period of time of any period of non-compliance by Employee.
11. Savings Clause. If during the term of this Agreement, it is found that a specific
clause of the Agreement is illegal or unenforceable under either federal or state law, the remainder of this Agreement shall not be affected by such ruling and shall remain in force.
12. Governing Law. This Agreement shall be governed by the laws of the State of
South Carolina. Venue for any action brought under this Agreement shall be the Court of Common Pleas for Horry County, South Carolina.
13. Merger. This Agreement constitutes the sole agreement between the parties at the
time it is entered into by the parties. Any and all prior agreements between the parties are merged into this Agreement.
14. Modification. This Agreement may be changed only in writing, executed on behalf
of Employer and Employee.
IN WITNESS WHEREOF, the undersigned have executed this Employment Agreement as of the day and year first above written.
EMPLOYEE: EMPLOYER:
_____ _______ ______ ______________ __________ ______ ____
Accurate American Wood Trusses LLC
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