Thanks for the clarification Timothy!
On Wed, Apr 19, 2023 at 1:46 PM Timothy Thomas <tt@thekey.com> wrote:
> 6 month non compete is legally allowed as per our CNESST (labour board)
> Staffing permit in Quebec. But after the 6 months they can leave without
> penalty / or placement fee.
> On Wed, Apr 19, 2023 at 12:31 PM Steve Koyanagi <skoyanagi@thekey.com>
> wrote:
>
>> 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/>
>>>>
>>>>
>
> --
> Tim Thomas
> Head of Canada Division
> *Please note my email has changed:*
> tt@TheKey.com <tt@thekey.com>
> (514) 591-9387
> TheKey.ca <https://www.thekey.ca/>
> [image: TheKey] <https://www.thekey.com/>
>
--
*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/>