Re: Community agreement

From
Steve Koyanagi <skoyanagi@thekey.com>
To
Matt Vijayan <mvijayan@thekey.com>
CC
Lorena Ybarra <lorena.ybarra@thekey.com>, Timothy Thomas <tt@thekey.com>, Matthew Neal <mneal@thekey.com>, Ashley Mirone <amirone@thekey.com>
Date
Wed, 19 Apr 2023 08:43:56 -0700
Folder
INBOX
--0000000000004dc56a05f9b24bcf Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Yes; this is a business decision if we want to delete in order to get a deal done. We should just be aware of the risk of the Community poaching our CG's and be ready to terminate the business relationship in the event we see too much of it. One quick comment/distinction. Technically, we're not prohibiting the CG from actually working elsewhere, but merely requesting a placement fee from the community in the event the community wants to hire our CG. On Wed, Apr 19, 2023 at 5:50=E2=80=AFAM Matt Vijayan = wrote: > Agreed. We have modified this clause with Schlegel Villages in Ontario as > well. Let=E2=80=99s get the contract signed. > > Copying our corporate lawyer, Steve, and senior management. > > Matt Vijayan, B.Sc., MBA, CCPE > > Director of Sales, Canada > > *Please note my email has changed:* > mvijayan@TheKey.com > > TheKey.com > [image: TheKey] > > On Apr 19, 2023, at 8:45 AM, Lorena Ybarra > wrote: > > =EF=BB=BF > Good morning Matt and Tim, > > Communities are not agreeing to this section of the contract; it is > illegal in Quebec to prohibit someone from working elsewhere. It is not > well seen in the industrie. I have sent two contracts to private CHSLD an= d > they are not signing because of this. > > Can we change the term period and placement fee. > > Thanks > > > Non=E2=80=93Solicitation. Community and Company understand that each spe= nds a > significant amount of time, money and resources in the process of > recruiting, screening, hiring and training its employees and therefore ea= ch > employee is a valuable asset. During the Term and for a period of one > (1) year thereafter, neither Party shall directly or indirectly solicit, > induce, encourage, or attempt to solicit, induce, or encourage any employ= ee > of the other Party to leave or terminate its relationship with the other > Party. Notwithstanding anything to the contrary in this Agreement, neith= er > Party shall be prohibited from employing any such person who (i) responds > to any general advertisements or postings in newspapers, industry > newsletters or other public places, (ii) responds to any solicitation by > third party firms that are not directed to target either Party=E2=80=99s = employees, > or (iii) is no longer employed by the other Party prior to commencement o= f > employment discussions between the other Party and such person. In the > event that Community wishes to employ any Thekey Caregiver within six (6) > months from Caregiver=E2=80=99s termination of employment with Company, C= ommunity > shall pay Company a one-time placement fee of thirty thousand dollars > ($30,000.00) per Caregiver, which amount shall be due within ten (10) > business days of employment of such Caregiver. Payment of such amount doe= s > not affect any liability or contractual obligations that the Caregiver ma= y > have toward Company. > > > -- > *Lorena Ybarra* > D=

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