Attached files
| file | filename |
|---|---|
| 8-K - CURRENT REPORT - HireQuest, Inc. | ccni_8k.htm |
| EX-10.1 - HireQuest, Inc. | ccni_ex101.htm |
AT WILL EMPLOYMENT CONTRACT
This Employment Contract is made by and between Command Center®, Inc. (hereinafter “we” or “us”) and Dan Jackson (hereinafter “you”) as of the date indicated below the signature of the last person to sign this Contract.
1. You are being hired to fill the capacity of Chief Financial Officer. You hereby accept such employment, upon terms and conditions set forth in this contract.
2. Initially, your compensation will be as follows: $ 185,000.00 Annual Salary paid at $ 7,115.38 bi-weekly.
$ _______________ Per Hour (hourly employees). In our unrestricted discretion, we have the right to change your compensation at any time.
3. In addition, you may be eligible for the following expense reimbursement to be paid each month after the approved expense is incurred.
Meals and Entertainment
Office Supplies / Products
4. If at any time during your employment you qualify for any commissions or incentives, you agree that those incentives or commissions may be changed by us at any time without affecting the other agreements of this Contract. When your employment is terminated, voluntarily, or involuntarily, you will no longer receive any additional commissions or incentives, even if the commission or incentive was for a period of time prior to your termination date.
5. Arbitration Clause. By initialing here / __________________, you and we agree that any unresolved dispute or controversy arising under or in connection with this Contract, or the breach of this Contract, or your employment by us, including alleged violations of state or federal statutes, and including claims of discrimination, sexual or other harassment, retaliation, wrongful termination, compensation due or violation of civil rights must be submitted to and resolved by binding arbitration Any arbitration between us will be administered by the American Arbitration Association under its Employment Arbitration Rules, by one arbitrator, at the American Arbitration office nearest the place of your employment. The award entered by the arbitrator will be final and binding in all respects, and judgment on the award may be entered in the Court having jurisdiction. The arbitrator shall not have the authority to add to, detract from, or modify any provision or this Contract nor to award punitive damages to any injured party. Notwithstanding the foregoing, we are entitled to seek injunctive or other equitable relief, as contemplated by Section 12 below, from any court of competent jurisdiction, without the need to resort to arbitration.
6. You understand that you have no authority to obligate us to anything or to bind us to any agreement without prior written permission.
7. You agree to perform your duties in a careful, dedicated, ethical and sensible manner. You agree to conduct yourself in a way, which will be a credit to the company’s character and interests.
8. You agree to devote your full and undivided time, energy, knowledge, skill, and ability to our business during working hours. You also agree not to be employed elsewhere unless first authorized by us in writing.
9. In connection with your duties, you may have access to some or all of our “Confidential Information” which includes, but may not be limited to the following:
The ideas, methods, techniques, formats, specifications, procedures, designs, systems, processes, data and software products which are unique to us;
All of our customer, marketing, pricing, and financial information, including the names, addresses and any other information concerning any of our customers;
All of our operations, sales and training manuals and materials.
All other information now in existence or later developed which is similar to the foregoing; and
All information which is marked as Confidential, or explained as Confidential, or which by its nature is Confidential
During your employment, you agree to protect and safeguard Confidential Information which is entrusted to you or to which you have access. You agree not to divulge or disclose any Confidential Information to any person, except employees of ours with a need to know, and not to use any Confidential Information for your own benefit. You must tell us if you believe that any other person has made an unauthorized disclosure of Confidential Information.
10. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, or works of authorship developed or created by you during the course of performing your work for us (collectively, the “Work Product”) shall belong exclusively to us and shall, to the extent possible, be considered a work made by you for hire within the meaning of Title 17 of the United States Code. To the extent the Work Product may not be considered work made by you for hire for us, you agree to assign, and automatically assign at the time of creation of the Work Product, without any requirement of further consideration, any right, title, or interest that you may have in such Work Product. Upon our request, you will take such further actions, including execution and delivery of instruments of conveyance, as may be appropriate to give full and proper effect to such assignment.
11. You understand and agree that the methods employed in our company will place you in close business and personal relationship with customers. Thus, during the term of the Contract and for a period of one (1) year immediately following the termination of your employment, for any cause or without cause, so long as we continue to carry on the same business, you agree that you will not, for any reason whatsoever, directly or indirectly, for yourself or on behalf of, or in conjunction with, any other person(s), company, partnership, corporation or business entity, call upon, divert, influence, solicit, service or attempt to call, divert, influence, solicit or service any of our customers or potential customers (prospects) with whom you had direct or indirect contact or whom you had responsibility during your tenure with us or otherwise assisted us in providing services to. Additionally, for a period of one year following the termination of your employment with our company, for any cause or without cause, you agree that you will not, for any reason whatsoever, directly or indirectly, for yourself or on behalf of any other person(s), company, partnership, corporation or other business entity, solicit or influence or attempt to solicit or influence any employee of ours to leave employment with the company.
12. You agree that if we believe that you have breached the terms of either Sections 9 or 11 of this Contract, that notwithstanding our agreement to arbitrate disputes arising out of this Contract, we have the right to seek injunctive or other equitable relief against you in court. You agree that if you breach the terms of either of these sections, we would have no adequate remedy at law and are entitled to injunctive relief.
13. If you have a continuing contractual commitment to a previous employer that is a limitation on your work activities at our company, you must notify us at the start of your employment of this limitation. You agree to conform at all times to the requirements of any such contractual commitment until that commitment expires.
14. You and we agree that any controversy or dispute arising out of or connected with this Contract, including those submitted to arbitration under Section 5 shall be governed by Idaho law. Additionally, you and we also agree that for any dispute or controversy which is not subject to arbitration as provided in Section 5 or for which a court refuses to enforce the arbitration provisions, exclusive jurisdiction and venue shall be in the state or federal courts in Kootenai County, Idaho. You and we further agree to submit to the jurisdiction of such courts.
15. You agree that at any time during or prior to your employment, we may, subject to legal requirements, investigate your background for information which may be relevant to your employment and/or job performance.
16. If your employment with us is terminated, you agree to immediately deliver to us all correspondence, letters, manuals, lists, mailing lists, customer lists, cash, pagers, phones, computers, Confidential Information and any and all other property, material and records of any kind concerning our business that you may possess.
17. Your employment with us is on an “AT WILL” basis. You may terminate your employment at any time, for any reason, with or without notice. We also may terminate your employment at any time, forany reason, or no reason, with or without notice. No person employed by us is authorized to alter the “at will” nature of your employment.
18. Any other promises or other communications made by us or by you are not to be deemed as binding unless they are set forth in this Contract. This Contract represents the entire agreement between us and replaces any prior agreements.
IN WITNESS WHEREOF, the parties have executed this contract and its terms as of the day and month first set forth above.
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Signature
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Title
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Date
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| COMMAND CENTER REPRESENTATIVE NAME (Please Print) | ||||
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/s/ Glenn Welstad
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President
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Date: 4/19/12
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| COMMAND CENTER REPRESENTATIVE SIGNATURE | ||||
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/s/ Dan Jackson
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Title
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Date: 4/19/12
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EMPLOYEE NAME (Please Print)
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/s/ Dan Jackson
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| EMPLOYEE SIGNATURE |