Management and Law Casework Study
Management and Law Casework Study
Management and Law Casework Study
Group # 2
Course Section TMGT 3336-V01
Juan Hinojosa
Tisha Bruberg
Adriana Guzman
Priscila Robles
Table of Contents
Section
1.) Trademark Application 1
2.) Incorporation Application.....................2
3.) Articles of Incorporation...3
4.) Bylaws...4
5.) Employee Handbook.5
6.) Employee Acknowledgement...6
7.) Arbitration Agreement..7
8.) Non-Compete/Trade Secret Clause/Non-Disclosure ...8
9.) Grievance Procedures....9
10.) Misc. /Other (Business cards/Flyers)......10
Articles of Incorporation
1) Article 1 - Name
The name of our corporation is Texas Electric Legends Company; it can also be referred
to as T.E.L.C.
2) Article 2 Purpose/ Mission
a. Texas Electric Legends Company is committed to structure your vision using our
innovated technology to transfer your electrical needs into an architectural design.
b. The location of our facility is at 426 W. 13th Street, San Juan, Texas 78589.
3) Article 3 Organization Founders
This organization is founded by the following members:
1. Juan Hinojosa
2. Tisha Bruberg
3. Adriana Guzman
4. Priscila Robles
4) Article 4 Meetings
Meeting will occur at the company office, unless agreed by the Board of Directors to
meet in another location. There will be an annual meeting held every 3rd Monday of
January to discuss company concerns. Election of Directors shall be voted on by a
written ballot. If a special meeting is necessary it will be held at our facility and
members will be given notice. There must be a majority of members present to vote on
any topic that involves the company. If there are less than half of the members present,
the board may decide to reschedule the meeting for another time to discuss agenda. If a
board member wishes to have someone represent them at the meetings, it shall be done in
writing and may last no longer than 3 years. This must be issued to the secretary and the
board must meet to vote. Meetings notices shall be given to board members no less than
10 days or more than 30 days prior to occurring. If members are required to vote and in
lieu of a meeting may issue the vote in writing, giving consent that action may be taken.
The secretary is responsible for issuing notices and provided documentation for notices of
meetings, members in attendance, and location disclosure for meetings.
5) Article 5- Board of Directors
The business operations shall be guided and operated by the Board of Directors:
a. Juan Hinojosa
b. Tisha Bruberg
c. Adriana Guzman
d. Priscila Robles
Meetings may be done through telephone conference or by social media as long as all
can hear and understand the agenda. Board members will not receive Salary for any
specific meetings instead will receive a fixed sum for services. Removal of members
must be done through a vote, either for resignation or dismissal from the position held.
a. Officers
The officers selected by the committee will have the position for 1 elected year;
consisting of the President, Vice-President, Secretary, and Treasurer.
b. Vacancies
If at any time there is a removal of an officer by resignation, death, or other means it is
the duty of the Board of Directors to hold a special meeting and appoint another person in
the position vacant.
6) Article 6 Authorized Shares
The number of shares the corporation is authorized to issue is 10,000.
a. The shares shall have no par value.
7) Article 7-Miscellaneous Provisions
All provision must follow through based on necessity by members: checks, fiscal year,
notices, waiver of notices, disallowed compensation, and resignation notices.
8) Article 8 - Annual Statement
The Board of Directors shall present a statement for the purpose and definition of the
companys positions and in the way deemed appropriate by the board.
9) Article 9- Amendments
Any changes deemed necessary by the board may be done through a meeting and with a
majority vote following the current set of by-laws.
________________________________________
______________________
Signature of Organizer:
Date:
_______________________________________
Print or type name of Organizer:
Articles of Dissolution
Date of Incorporation:
Name and Addresses of Officers and Directors:
Juan Hinojosa, President
426 W. 13th St, San Juan, 78589
Adriana Guzman
232. S. Iowa
San Juan, Texas 78589
Tisha Bruberg
PO Box 3571
McAllen, Texas 78589
Pricilla Robles
445 Ringold Rd., Mission, Texas 78572
Election to Dissolve:
Election to dissolve the corporation shall be voted by 2/3 votes by the board of
director and shall follow the State of Texas law on dissolution process.
The corporation will distribute its assets on dissolution other than for one or more
exempt purposes; on dissolution, the Corporation's assets shall be distributed 25%
to each Director accomplish the general purposes for which the Corporation was
organized.
Upon the dissolution of the corporation, the board of directors shall (after paying or
making provisions for the payment of all of the liabilities of the corporation) dispose
of all of the assets of the corporation exclusively for the purpose of the corporation
in such manner or to such organization or organizations organized and operated
exclusively for profit as the board of directors shall determine and not in conflict
with the Articles of Incorporation. Any of such assets not disposed of shall be
disposed of by a court of competent jurisdiction, in which the principal office of the
corporation is then located, exclusively for such purposes or to such organization or
organizations as the court shall determine which are organized and operated
exclusively for such purposes.
Bylaws
1) Name of Corporation (Article 1)
The name of our corporation is Texas Electric Legends Company; it can also be referred
to as T.E.L.C.
2) Mission Statement (Article 2)
a. Texas Electric Legends Company is committed to structure your vision using our
innovated technology to transfer your electrical needs into an architectural design.
Facility Location
b. 426 W 12 St.
San Juan Texas
78589
3) Agents of Service (Article 3)
Our company has 4 members:
a. Juan Hinojosa
b. Tisha Bruberg
c. Adriana Guzman
d. Priscila Robles
4) Board Meetings (Article 4)
Section 1 - Meeting Location
Meetings of the board of directors shall be held at the registered office of the corporation
in this state or at such place, either within or without this state, as may be selected from
time to time by the Board of Directors.
Section 2 - Annual Meetings:
The annual meeting of the stockholders shall be held on the 3rd Monday of January in
each year if not a legal holiday, and if a legal holiday, then on the next secular day
following at 10:00 o'clock A.M., when they shall elect a Board of Directors and transact
such other business as may properly be brought before the meeting. If the annual meeting
for election of directors is not held on the date designated therefor, the directors shall
cause the meeting to be held as soon thereafter as convenient.
Section 3 - Election of Directors:
Elections of the directors of the corporation shall be by written ballot.
Section 4 - Special Meetings:
Special meetings of the stockholders may be called at any time by the Chairman, or the
Board of Directors. At any time, upon written request of any person or persons who have
duly called a special meeting, it shall be the duty of the Secretary to fix the date of the
meeting, to be held not more than sixty days after receipt of the request, and to give due
notice thereof. If the Secretary shall neglect or refuse to fix the date of the meeting and
give notice thereof, the person or persons calling the meeting may do so.
Business transacted at all special meetings shall be confined to the objects stated in the
call and matters, unless all board members entitled to vote are present and consent.
Written notice of a special meeting of board members stating the time and place and
object thereof, shall be given to each stockholder entitled to vote thereat at least 30 days
before such meeting, unless a greater period of notice is required by statute in a particular
case.
Section 5 - Quorum
A majority of the outstanding shares of the corporation entitled to vote, represented in
person or by proxy, shall constitute a quorum at a meeting of board members. If less than
a majority of the outstanding members entitled to vote is represented at a meeting, a
majority of the board members so represented may adjourn the meeting from time to time
without further notice. At such adjourned meeting at which a quorum shall be present or
represented, any business may be transacted which might have been transacted at the
meeting as originally noticed. The board members present at a duly organized meeting
may continue to transact business until adjournment, notwithstanding the withdrawal of
enough board members to leave less than a quorum.
Section 6 - Proxies
Each board member entitled to vote at a meeting of board or to express consent or dissent
to corporate action in writing without a meeting may authorize another person or persons
to act for him by proxy, but no such proxy shall be voted or acted upon after three years
from its date, unless the proxy provides for a longer period.
A duly executed proxy shall be irrevocable if it states that it is irrevocable and if, and
only as long as, it is coupled with an interest sufficient in law to support an irrevocable
power. A proxy may be made irrevocable regardless of whether the interest with which it
is coupled is an interest in the board itself or an interest in the corporation generally. All
proxies shall be filed with the Secretary of the meeting before being voted upon.
Section 7 - Notice of Meetings:
Whenever board members are required or permitted to take any action at a meeting, a
written notice of the meeting shall be given which shall state the place, date, and hour of
the meeting, and, in the case of a special meeting, the purpose or purposes for which the
meeting is called. Unless otherwise provided by law, written notice of any meeting shall
be given not less than ten nor more than 30 days before the date of the meeting to each
board member is entitled to vote at such meeting.
from his future compensation payments until the amount owed to the corporation has
been recovered.
Section 6 - Resignations:
Any director or other officer may resign at any time, such resignation to be in writing,
and to take effect from the time of its receipt by the corporation, unless some time be
fixed in the resignation and then from that date. The acceptance of a resignation shall not
be required to make it effective.
10) Annual Statement (Article 10)
The President and Board of Directors shall present at each annual meeting a full and
complete statement of the business and affairs of the company for the preceding year.
Such statement shall be prepared and presented in a manner the Board of Directors shall
deem advisable and need not be verified by a certified public accountant.
11) Amendments (Article 11)
These By-Laws may be amended or repealed by the vote of members entitled to cast at
least a majority of the votes which all members are entitled to cast thereon, at any regular
or special meeting of the board, duly convened after notice to the members of that
purpose.
Group # 2
Course Section TMGT 3336
Juan Hinojosa
Tisha Bruberg
Adriana Guzman
Priscila Robles
Employee Handbook
Table of contents:
Table of Contents .2
New Employee Welcome/ Mission Statement. 3
Philosophy/ Office Hours, Address, and Phone number...3-4
Introductory Period4-5
Policies and Procedures/ Employment-Termination at Will/ Classification of
Employment...5
Benefits..6
Leave Without Pay/ Administrative Leave/ Absences..8
Time Sheet & Records/ Bereavement/ Attendance/ Weather Excuses..8-9
Jury Duty & Workers Compensation/ Disciplinary Actions.10
Military Leave/ Conditions for Re-Employment..11
Performance Evaluation12-15
Dress Code15
EEOC (Equal Employment Opportunities)/ Non-Discrimination Statement...15-16
Work Place Harassment/ Discrimination..16-17
Ethics/ Falsifying Records.18
Promotions- Demotions- Transfers (Termination)....18-19
Drug Free Workplace.....21
Drug and Alcohol Consent Form...20
Performance Review Form....21-22
Welcome
We thank you for your interest in beginning with an innovative company
dedicated to seeing the customer for their personal creativity in electrical
architectural design. Our team is dedicated to seeing a new era begin with our
development and will enjoy teaching our skills and investments to you as our new
employee.
In this handbook, we will review policies and procedures for your employment
and address any concerns both legal and personal. There will be forms necessary
to sign and turn into in order to begin your employment. Any questions can be
addressed to our HR Department, which will accept your forms and forward those
concerns to the correct person.
Before you begin working you must satisfactorily complete 3 exams with 100%
scoring, which guides that you comprehend your employment and will not
participate in unlawful & unethical behavior.
We are an equal opportunity facility and do not discriminate against race,
orientation, or gender. You will also review the process to address a concern or
complain in order to gain resolution between conflicting parties.
Benefits, attendance, and conduct will also be reviewed in further detail during
the orientation. You must attend this to begin working for the company, which
will be held during the first week of employment, there are no exceptions.
Mission Statement
Texas Legend Electric Company is committed in providing quality
customer service, professional quality work and using the highest
quality product at a competitive price. We provide highly trained
personnel to ensure the safety of our employees and customers.
After the first three months, the new employees supervisor will discuss
performance and progress with employee. In the event of an employee
transferring, has a status change, or receives a promotion, the employee will begin
a three month introductory period in the new position. If necessary, the
department heads may extend the introductory period at any time if they consider
it necessary.
Employees who transfer or receive a promotion and begin a new three month
introductory period may use vacation time within the policy guidelines, if
approved by the new supervisor. Any leave that was approved prior to change
may not necessarily carry over into the new position. Only new hire and/or
disciplinary actions introductory employees may not use vacation time during the
introductory period.
Policy and Procedures
Upon hire, all employees are given an orientation to the companys policies
procedures and are responsible for understanding and abiding by them.
Employees are encouraged to go to their supervisor at any time they have
questions or require clarification on any company policy/procedures.
At Will Employment/ Background checks
Employees are subject to at will employment, which allows termination for any
reason. A form is at the end of this packet and a signature will be required.
The company will request a Criminal Background Check for any applicants to
whom administration makes an offer of employment. All Criminal Background
Checks will be conducted by the Human Resource Department with appropriate
state agency according to company guidelines. All employment offers are
contingent upon employees being cleared for employment by their criminal
background check, drug screen and references being satisfactory.
Employees are required to communicate to management if there is a history of
criminal activity and whether any criminal investigations are pending upon hire.
At the time of employment with the company there are any arrest that led to a
conviction must be disclosed to your immediate supervisor and/or HR department
within five days of such conviction. Within thirty days of notification, the
company may take disciplinary actions up to and including employment
termination. If a failure to report conviction while employed will lead to grounds
for termination.
All criminal history records and any information they contain will not be released
or disclosed to any other individual or entity except through a court order.
Classification of Employment
For purposes of wage administration and eligibility for overtime payments and
benefits, Texas Legend Electric Company maintains the following employee
classifications:
Full time regular employees are those hired to work Texas Legend Electric
Company's normal, full time, minimum forty hour (40) workweek on a regular
basis. The employees have successfully completed the orientation program and
may be classified as "exempt" or "nonexempt" as defined below. However, this
does not alter the "employment-at-will" relationship.
Nonexempt employees are required to be paid overtime at the rate of time and one
half their regular rate of pay for all hours worked beyond forty (40) hours in a
workweek, in accordance with applicable federal wage and hour laws.
Exempt employees are not required to be paid overtime, in accordance with
applicable federal wage and hour laws, for work performed beyond forty hours in
a workweek. Executives, professional employees, sales representatives,
supervisors, and certain employees in administrative positions are typically
"exempt" from overtime pay.
You will be informed of your initial employment classification as an exempt or
nonexempt employee during your orientation program. If you change positions
during your employment as a result of a promotion or transfer, you will also be
informed by your foreman of any change in your exemption status.
Please direct any questions regarding your employment classification or
exemption status to your Project manager.
Benefits
used for
employee
All full time employees with three (3) months continuous employment will begin
accruing paid time off based on the schedule below. Paid time off is to be
illness, vacations, funeral attendance, doctors' appointments, etc. The
accrues .08 hours for each hour worked.
Please submit a written request to the project manager 14 days in advance of
when you wish to schedule planned paid time off. Every effort will be made to
grant your time off (vacation) at the time you desire.
Please be aware that the project manager may deny your request due to business
needs. It would be a good idea to have an alternate time in mind. If a conflict
arises among employees regarding requests for planned paid time off, preference
will be given to the employee with the most seniority.
For emergency leave such as funerals, illness, etc., please notify your project
manager as early as possible.
1 week or 40 hours
Employees must use planned paid time off (vacation) in the calendar year after it
is accrued. Vacation time may not be carried over to the next year. Employees
who have accrued more than one week of vacation are asked to take vacations no
more than one week at a time in order to facilitate scheduling.
Upon termination, the employee will normally be compensated for accrued but
un-used vacation.
Medical Health
TELC will provide medical health benefits to full time employees at 90% and the
employee is to pay the 10%.
Continuing or converting your group health insurance coverage (COBRA)
The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives
employees and their qualified beneficiaries the opportunity to continue health
insurance coverage under Texas Legend Electric Company's health plan when a
"qualifying event" would normally result in the loss of eligibility. Some common
qualifying events are resignation, termination of employment, death of an
employee, a reduction in an employee's hours, a leave of absence, employee's
divorce or legal separation and a dependent child no longer meeting eligibility
requirements. Under COBRA, the employee or beneficiary pays the full cost of
coverage at Texas Legend Electric Companys group rates plus an administration
fee:
The office manager will contact you concerning these options at the time
termination occurs or your work hours are reduced. The office manager will
contact your qualified beneficiaries in the event of your death.
Dental and Vision
Dental and Vision will be offered to our employees at their expense
Life insurance
TLEC will provide Life insurance for all fulltime employees at 100%
Disability insurance
TLEC will provide Disability insurance will be provided for all fulltime
employees at 100%.
In special circumstances, may grant a leave for a personal reason, but never for
taking employment elsewhere or becoming self-employed. Personal leave of
absence must be requested in writing and are subject to the discretion of
management and the Human Resources Department.
From time to time, it may be necessary for an employee to be late or absent from
work is aware that emergencies, illnesses, or pressing personal business that
cannot be scheduled outside work hours may arise. It is the responsibility of all
employees to contact all affected parties if they will be absent or late.
Absence from work for three (3) consecutive days without notifying management
or the Human Resources Department will be considered a voluntary resignation.
In case of sickness, the employee has the right to 3 paid sick leave days within a
year. The employee also have 3 unpaid leave days allowed within a year.
* The amount of benefits payable and the duration of payment depend on the
nature of your injury or illness. In general, however, all medical expenses incurred
in connection with a work related injury or illnesses are paid in full.
* If you are injured or become ill on the job, you must immediately report such
injury or illness to your Project manager. Prompt reporting ensures that Texas
Legend Electric Company can quickly assist you in obtaining appropriate medical
treatment. Failure to follow this procedure could result in jeopardizing any
Workers' Compensation benefits to which you may be entitled.
Questions regarding Workers' Compensation should be directed to your project
manager.
Disciplinary Actions
Actions that are considered against the ethics will result in disciplinary
measurements that will be provided by corrective measures.
First - oral warning will be issued
Second- A written warning/ reprimand
Third 2nd reprimand with forced time off or termination depending on the
severity of the situation.
Military Leave
Texas Legend Electric Company fully complies with the Uniformed Services,
Employment and Re-Employment Rights Act of 1994 (USERRA).
Accordingly,
employees who are required or volunteer to undergo military
service including the
National or State Guard will be reinstated to their original or an
equivalent
position without loss of seniority or benefits and without any break
in time
qualification for pension purposes, subject to certain conditions.
Military service means uniformed service in the Armed Forces, the Coast Guard,
the Army National Guard, Air National Guard or State Guard when
engaged in
active duty, training, full time National Guard duty, or time away
for a physical
examination to determine fitness for duty. Also included are the
commissioned
corps of the Public Health Service and any other category
of persons designated
by the President in time of war or emergency.
Any such service shall be without pay by Texas Legend Electric Company
although the employee may elect to apply any accrued paid time off
toward this
service. It is the policy of Texas Legend Electric Company not to
deny
promotions or benefits to guards or reservists because of their
obligation or duty.
Texas Legend Electric Company will cooperate where possible in rearranging
schedules to avoid time conflicts between work and guard or reserve
training to
allow those employees to work a full week.
without
Employees on military leave for more than 180 days must apply for reinstatement
within 90 days of discharge. Furthermore, they cannot be terminated
cause for a period of one year after re-employment.
Employees who undergo military service for a period of 31 to 180 days must
apply for reinstatement within 14 days after completing service.
Those employees cannot be terminated without cause for a period of six (6)
months after re-employment.
Employees on military leave for 30 days or less must apply for reinstatement at
the next scheduled shift following 8 hours at home after discharge. Those
employees however, have no protected period.
Reinstatement Benefits
appropriate
To ensure that you perform your job to the best of your abilities, it is important
that you be recognized for good performance and that you receive
suggestions for improvement when necessary.
New employees will be evaluated four (4) times by their foreman during their first
three (3) months of employment. The first evaluation will be after two (2) weeks,
the second after 30 days, the third after 60 days and again after 90 days.
All
evaluations will be written. Successful completion of these evaluations
does not
guarantee continued employment nor does it qualify you for a
wage increase.
Written evaluations for regular employees are performed
on an annual basis
from your date of hire by your immediate supervisor.
Evaluations may disclose
any performance shortcomings or disciplinary
problems as well as to comment
you for outstanding performance.
The evaluation process uses objective criteria to measure employee job
performance. It is both 1) a diagnostic tool to determine relative areas of
strength
as well as weakness in employee work skills and habits and 2) a
tool to facilitate
improvement in pertinent areas of employee work
performance. After a period of
adequate "on the job" supervision, and with
proper coaching and skillful use of
evaluation methods by your foreman, the
It's important that employees be rated on those criteria that are relevant to
successfully performing the tasks included in the employee's job
description.
However, team effort is very important. Every employee has the
responsibility to
satisfy the needs of our customers. Employees may also be
evaluated on how well
they step out of their customary job descriptions to provide
help to our customers
or coworkers. The statement "That's not my job." is not
permitted here. The
ability to cooperate with other people and do whatever is
necessary is important in
order to add support to a team effort.
benefits
employee,
from
The employee directly benefits from the job related evaluations by becoming a
better candidate for promotion or a more deserving recipient of increased
from Texas Legend Electric Company. An indirect benefit to the
stemming from evaluations, is elevated job satisfaction resulting
successfully improving a job related skill.
Employees should expect to be evaluated in terms of the following criteria:
PRODUCTIVITY
How much work is accomplished within a given time period. The objective here
is "efficiency." i.e. Accomplishing the most work in the least amount of
time.
QUALITY
How well is the work accomplished? Does it measure up to a high standard? As
an example, if your job is to assemble "widgets" on an assembly line and
you
assembled more widgets than anyone else, obviously your productivity is
high.
But if those widgets are not assembled properly if they're loose and not
fitted
correctly, then obviously, the work "quality" would not be acceptable.
DEPENDABILITY
Does the employee always show up for work ... on time? Employers place a high
value on this characteristic. In every business there is work to be done and
the
work must be performed on time. Customers are waiting for projects to be
completed. Everyone down the line is depending on work to be
performed on
time. If your employer didn't have work that must be performed on
schedule or
deadlines to be met, perhaps your service would not be needed! It's
important that
you show up every day on time. This includes accurately observing
meal and
break times!
JOB KNOWLEDGE
How much do you understand about the work being accomplished? Do you
understand how the tasks you perform relate to the general purpose of the
and everyone
teamwork. When a
Muscle Shirts
Gaudy Color Combinations
Sloppy or Wrinkled Clothing
Flip Flop Sandals
Unusual Hair Color/Style
Excessively Long Fingernails
Inappropriate Fingernail Polish
Body Piercing Ornaments with the Exception of Earrings
Professional uniform will be provided for all field technicians with proper
identification. Top only. Field technicians must wear steal toe boots and hard hat
while at work sites. Work gloves must be worn at work sites at all times.
EEOC Equal Employment Opportunities
* The company is an equal opportunity employer and applies fair and lawful
policies in all aspects of employment. The company does not discriminate on the
basis of race, religion, color, ethnic, or national origin, age, citizenship, gender,
sexual orientation, disability, medical condition, pregnancy, veterans status,
marital status, or any other characteristic protected by federal, state, or local law.
* Discrimination of any kind will not be tolerated.
* Decisions in reference to employment are based solely on the qualifications and
abilities necessary to perform a specific job.
* Any employee who feels that he/she has been discriminated against should
report the event to their supervisor or HR at (956)-555-5555 or they may
contact EEOC at 1-800-666-6666.
Non-Discrimination Statement
* The company does not and will not discriminate on the basis of race, color,
religion, gender, gender expression, age, national origin, disability, marital status,
sexual orientation, or military status, in any activities or operations. These
activities include, but are not limited to, hiring and firing of staff, selection of
volunteers and vendors, and provision of services. We are committed to
providing an inclusive and welcoming environment for all members of our staff,
clients, volunteers, subcontractors, vendors and customers.
* The company is an equal opportunity employer. We will not discriminate and
will take immediate actions to ensure against any discrimination in employment,
recruitment, advertisements for employment, compensation, termination,
upgrading, promotion, and other conditions of employment against any employee
or job application on the bases of race, color, gender, national origin, age, religion,
creed, disability, veterans status, sexual orientation, gender identity or gender
expression.
This policy will be posted in the company for all staff to read.
Sexual harassment is legally defined as:
Unwelcomed sexual advances, request for sexual favors and other verbal or
physical conduct of a sexual nature constitute sexual harassment when this
conduct explicitly or implicitly affects an individuals employment, unreasonably
interferes with an individuals work performance, or creates an intimidating
hostile or offensive work environment. Sexual harassment can occur in a variety
of circumstances, including but not limited to the following:
All employees will equally share the responsibility for strict adherence to a code
of ethics. The following guidelines apply:
Employees should not burden other employees with personal difficulties
Do not remove any company property without prior approval. The company may
prosecute any person who steals company property.
Consider all information regarding the company, fellow employees and other
company business confidential and protect this confidentiality accordingly.
Consider all information regarding employee (active, or terminated) salaries,
bonus, incentive pay, merit pay, or other compensation strictly confidential and
protect this confidentiality accordingly.
Your conduct in your private and professional life should remain consistent with
the responsible image that the company must project to its visitors and the public.
Falsifying Records
Any falsification of company records or documents is prohibited. The company
may immediately terminate employees who knowingly falsify employment or
work records. This pertains to all work related documentation including but not
limited to:
Employment application
Falsifying employee recruitment
* Workplace Searches
(Sample Provided)
Texas Legend Electric Company
Performance Review
Performance
Criteria
Failing
Below
Average
Average
Above
Average
Outstanding
(1)
(2)
(3)`
(4)
(5)
Attendance
Attitude/Teamwork
Job Knowledge
Safety
Quality
Productivity
Initiative
Judgment
Reliability
Housekeeping
Employee Comments:
_____________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Reviewer Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Employee Acknowledgement
I have reviewed this performance review and discussed the contents with my manager. My
signature signifies my receipt of the performance review; however, it may not necessarily imply
agreement with the evaluation.
_____________________________________ ___________________________________
Employee Signature & Date
Employment Acknowledgment
I understand that this Employee Handbook is presented for informational purposes only and
can be changed at any time by Texas Legend Electric Company with or without notice. I also
understand that this Employee Handbook is not a contract, express or implied, between Texas
Legend Electric Company and me, nor shall it be construed to create such a contract. I
understand that I am an employee at will and either Texas Legend Electric Company or I can
terminate the employment relationship at any time for any reason not contrary to law.
Although my wages, hours, and other terms and conditions of employment may change from
time to time, I understand that my "at will" employment status will not change. No representative
of Texas Legend Electric Company other than Texas Legend Electric Company President has
authority to enter into an agreement with me that is contrary to the foregoing. Furthermore any
such agreement must be written.
DATE RECEIVED:____________________
EMPLOYEE'S SIGNATURE:_____________________________________________
Arbitration Clause
* All actions, disputes, claims, and controversy under common law, statutory law or in
any nature, whether arising before or after the date of the agreement is subject to the
agreement.
* We suggest that each party attempt to mediate the situation
before attempting towards Arbitration. This will save time and
money and may narrow the specific issue that need to be
arbitrated.
* Only one arbitrator is to be assigned to hear a case.
parties may select up to three arbitrators to hear the case.
The
__________________________________
ATTORNEY DATE
______________________________
RESPONDENT DATE
__________________________________
RESPONDENTS ATTORNEY DATE
The signature below reflects that the employee has received the Arbitration
Clause and actions involved in such situation. Copy will be provided to
company.
Non-Compete Agreement
For good and valuable consideration the receipt of which is hereby acknowledged,
_________________________ (Employee), the undersigned Employee hereby agrees not to
directly or indirectly compete with the business of _____________________ (Company) and its
successors and assigns during the period of employment and for a period of __1___ year
following termination of employment and notwithstanding the cause or reason for termination.
Employee shall NOT own, manage, operate, consult or to be employed in a business
substantially similar to, or competitive with, the present business of Company or such other
business activity in which Company may substantially engage during the term of employment.
Employee acknowledges that Company may, in reliance of this agreement, provide Employee
access to trade secrets, customers and other confidential data and good will. Employee agrees to
retain said information as confidential and not to use said information on his or her own behalf or
disclose same to any third party.
Employee acknowledges that Employee's employment is "at will", subject to applicable
law, and that either Employer or Employee may terminate employment at any time, with or
without notice, for any reason or no reason whatsoever. Nothing in this Agreement shall
constitute a promise of employment for any particular duration or rate of pay.
This non-compete agreement shall extend for a radius of ___50____ miles of Company's
present location and shall be in full force and effect for____1____ year, commencing with the
date of employment termination.
This agreement shall be binding upon and inure to the benefit of the parties, their
successors, assigns, and personal representatives.
_________________________________
Disclosing Party
________________________________
Receiving Party
_________________________________
Print Name:
________________________________
Print Name:
_________________________________
Date:
________________________________
Date:
Nondisclosure Agreement
This Nondisclosure Agreement is entered into by and between _______________ with its
principal offices at _______________ and _______________, located at _______________ for
the purpose of preventing the unauthorized disclosure of Confidential Information as defined
below. The parties agree to enter into a confidential relationship with respect to the disclosure of
certain proprietary and confidential information.
1. Definition of Confidential Information.
For purposes of this Agreement, shall include all information or material that has or could
have commercial value or other utility in the business in which Disclosing Party is
engaged. If Confidential Information such as marketing plans, product or service
information or any other information regarding the practices of the corporations is in
written form, the Disclosing Party shall label or stamp all materials with the word
"Confidential" or some similar warning. If Confidential Information is transmitted orally,
the Disclosing Party shall promptly provide a writing indicating that such oral
communication constituted Confidential Information.
2. Exclusions from Confidential Information.
Receiving Party's obligations under this Agreement do not extend to information that is:
(a) publicly known at the time of disclosure or subsequently becomes publicly known
through no fault of the Receiving Party; (b) discovered or created by the Receiving Party
before disclosure by Disclosing Party; (c) learned by the Receiving Party through
legitimate means other than from the Disclosing Party or Disclosing Party's
representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior
written approval.
3. Obligations of Receiving Party.
Receiving Party shall hold and maintain the Confidential Information in strictest
confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party
shall carefully restrict access to Confidential Information to employees, contractors, and
third parties as is reasonably required and shall require those persons to sign
nondisclosure restrictions at least as protective as those in this Agreement. Receiving
Party shall not, without prior written approval of Disclosing Party, use for Receiving
Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by
others for their benefit or to the detriment of Disclosing Party, any Confidential
Information. Receiving Party shall return to Disclosing Party any and all records, notes,
and other written, printed, or tangible materials in its possession pertaining to
Confidential Information immediately if Disclosing Party requests it in writing.
Disclosing party may request confidential information at any given time.
4. Time Periods.
The nondisclosure provisions of this Agreement shall survive the termination of this
Agreement and Receiving Party's duty to hold Confidential Information in confidence
shall remain in effect until the Confidential Information no longer qualifies as a trade
secret or until Disclosing Party sends Receiving Party written notice releasing Receiving
Party from this Agreement, whichever occurs first. Termination of employment does not
terminate the agreement.
5. Relationships.
Nothing contained in this Agreement shall be deemed to constitute that either is party a
partner, joint venture or employee of the other party for any purpose. This agreement
does not represent a business relationship between parties
6. Integration.
This Agreement expresses the complete understanding of the parties with respect to the
subject matter and supersedes all prior proposals, agreements, representations, and
understandings. This Agreement may not be amended except in a writing signed by both
parties.
7. Waiver.
The failure to exercise any right provided in this Agreement shall not be a waiver of prior
or subsequent rights.
This Agreement and each party's obligations shall be binding on the representatives, assigns, and
successors of such party. Each party has signed this Agreement through its authorized
representative.
_________________________________
Disclosing Party
________________________________
Receiving Party
_________________________________
Print Name:
________________________________
Print Name:
_________________________________
Date:
________________________________
Date:
Work Phone:
Home Phone:
Send documents to external representative
State:
Step
Date
Signature of
Grievant
Date
1
2
3
4
5
Grievance Instructions
1. It is optional to all parties to receive assistance from there supervisors or the HR
Management in filing and resolving a grievance.
2. Formal Grievances must be filed 30 working days from the initial complaint. There should be
attempts made to resolve the issues without having a formal grievance during this 30-day
time period.
Employee Instructions (Grievant)
1. All information is required on the Form above and the description should include the names
of persons involved in the act, omission, or occurrence in which grievance has taken place.
2. The normal course of action in the grievance procedure is as follows:
Step 1: Informal Grievance is a meeting between HR Department or supervisor.
Step 2: If not resolved File with a Formal Grievance with Supervisor, If within 10
working days move to step 3.
Step 3: File with Team Manager - If not resolved within 30 working days, re-file
to step 4.
Step 4: File with Executive Supervisor - If not resolved within 30 working days,
take next step.
Step 5: File with CEO If not resolved within 30 working days of receipt the
next step is to request information for a hearing.
*If there is no resolution, an informal meeting will be called to determine the next
course of action for the company and parties involved. This procedure is followed for any
step in situation that has been unable to be resolved.
*A grievance is defined as an act, omission or occurrence which a permanent employee feels
constitutes an injustice and can be established on factual information. It may relate to any condition
arising out of the relationship between an employer and an employee, including but not limited to,
The signature below reflects that the employee has received the information
in a grievance dispute and procedures that it is necessary to follow to reach
resolution. Copy will be provided to company.
MEMO
To: [Recipient(s)]
From: mob2k4
cc: [Recipient(s)]
Date:
Re: [Subject]
Interoffi ce Memos
All staff is required to use the memo templet shown here for any
interoffi ce memos. Make sure to include all useful information and
address to individuals involved. Refrain from using any conditional
information and discard properly when required. If you have any
questions or concerns please contact your immediate supervisor for
further assistances.
Thank you,
Management