Sure; I can work on that. To clarify, do you want to have a separate
version just for Quebec or are you thinking you want a softer version for
all of Canada?
On Wed, Apr 19, 2023 at 9:19 AM Matt Vijayan <mvijayan@thekey.com> wrote:
> Thank you Steve.
>
> Great advice on the context and/or talking track. Can we modify this
> clause to soften the language on non-solicitation for Quebec, along the
> same line as below? It appears that this clause, as it is, is creating
> confusion and reluctance in signing the agreement in general, across CHLSD
> (nursing homes) and SLCs.
>
> Matt Vijayan, B.Sc., MBA, CCPE
>
> Director of Sales, Canada
>
> *Please note my email has changed:*
> mvijayan@TheKey.com <Madhu.Vijayan@TheKey.com>
>
> TheKey.com <https://www.thekey.com/>
> [image: TheKey] <https://www.thekey.com/>
>
> On Apr 19, 2023, at 11:44 AM, Steve Koyanagi <skoyanagi@thekey.com> wrote:
>
>
> 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 AM Matt Vijayan <mvijayan@thekey.com> wrote:
>
>> Agreed. We have modified this clause with Schlegel Villages in Ontario as
>> well. Let’s 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 <Madhu.Vijayan@TheKey.com>
>>
>> TheKey.com <https://www.thekey.com/>
>> [image: TheKey] <https://www.thekey.com/>
>>
>> On Apr 19, 2023, at 8:45 AM, Lorena Ybarra <lorena.ybarra@thekey.com>
>> wrote:
>>
>>
>> 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 and
>> they are not signing because of this.
>>
>> Can we change the term period and placement fee.
>>
>> Thanks
>>
>>
>> Non–Solicitation. Community and Company understand that each spends a
>> significant amount of time, money and resources in the process of
>> recruiting, screening, hiring and training its employees and therefore each
>> 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 employee
>> of the other Party to leave or terminate its relationship with the other
>> Party. Notwithstanding anything to the contrary in this Agreement, neither
>> 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’s employees,
>> or (iii) is no longer employed by the other Party prior to commencement of
>> 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’s termination of employment with Company, Community
>> 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 does
>> not affect any liability or contractual obligations that the Caregiver may
>> have toward Company.
>>
>>
>> --
>> *Lorena Ybarra*
>> Développement des affaires Soins à domicile Montréal
>> Business Development Home Care Liaison
>> *lorena.ybarra*@thekey.com
>> <https://brand.thekey.com/esg/emaunahan@thekey.com>
>> Mobile: 514-557-7543
>> Office: 514-907-5065
>> https://www.montrealsoinsadomicile.ca/
>> [image: TheKey] <https://homecareassistance.com/>
>>
>>