Re: Consent Agreement Concern

From
Steve Koyanagi <skoyanagi@thekey.com>
To
Tammi Franzese <tammi.franzese@thekey.com>
CC
Timothy Thomas <tt@thekey.com>, Legal <legal@thekey.com>, Shawntel Sousa <ssousa@thekey.com>, Chuck Terlesky <cterlesky@thekey.com>
Date
Tue, 6 Aug 2024 09:27:47 -0700
Folder
INBOX
--000000000000b89556061f0646e5 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable HI Team, This same placement fee has always been in all Canada agreements (and US). Our position is we're not prohibiting any caregiver from accepting private employment from clients, but we're merely looking for our clients to pay a placement fee given we introduced the caregiver to them. This is because we spend significant money on our caregivers to hire, train and manage them and in the event our clients want to privately hire them after our introduction we're looking to recoup some of those costs. Tim/Chuck, my assumption is this has come up before and dealt with by your various teams? Let me know if you'd like to discuss/strategize further. Thanks. On Tue, Aug 6, 2024 at 9:16=E2=80=AFAM Tammi Franzese wrote: > Hi Tim, > > I see that the attached CCA is *not* the updated Care Agreement. It > doesn't have the changes that we recently made. Mikko or Monica will upda= te > us in the group g-chat when the new versions are active in PandaDoc. > > I defer to @Steve Koyanagi for his input about > the competition act. > > *Sincerely,* > > *Tammi Franzese* > Senior Corporate Paralegal | > *TheKey*813.521.5269 > [image: TheKey] > > > On Tue, Aug 6, 2024 at 12:11=E2=80=AFPM Timothy Thomas wr= ote: > >> Hi. >> >> Please see the comments below on our new consent agreement in Canada. >> >> >> *Tim Thomas* >> Head of Canada Division | *TheKey* >> Mobile: 514.591.9387 >> [image: TheKey] >> >> >> ---------- Forwarded message --------- >> From: Shawntel Sousa >> Date: Tue, Aug 6, 2024 at 12:08=E2=80=AFPM >> Subject: Consent Agreement Concern >> To: Chuck Terlesky , Timothy Thomas >> >> >> Hi Chuck and Tim, >> >> I have received two complaints from prospective clients regarding this >> agreement and how it is not in accordance with the competition act of >> Canada. >> >> Can I get someone to follow up with this right away, I have lost a clien= t >> over it already and now I may lose another one because of it and his wif= e >> is a lawyer. I have attached the act to this email and the client's >> agreement that is not willing to sign. >> >> Thank you. >> >> *Thank you,* >> >> *Shawntel Sousa, LPN* >> >> *Client Success Manager* >> >> *Office: 403-301-3777* >> >> *Direct: 403-305-6588* >> >> *TheKey.ca * >> >> [image: TheKey] >> >> --000000000000b89556061f0646e5 Content-Type: text/html; charset="UTF-8" Content-Transfer-Encoding: quoted-printable HI Team, This same placement fee has al= ways been in all Canada agreements (and US). Our position is we&#39;re not = prohibiting any caregiver from accepting private employment from clients, b= ut we&#39;re merely looking for our clients to pay a placement fee given we= introduced the caregiver to them. This is because we spend significant mon= ey on our caregivers to hire, train and manage them and in the event our cl= ients want to privately hire them after our introduction we&#39;re looking = to recoup

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