I, the undersigned employee, in consideration of my hiring by WELCO ONE, LLC. ("PEO") as an at-will leased employee, acknowledge and agree to the following:
- Co-Employment Agreement. I agree that this EMPLOYMENT AGREEMENT ("Agreement") is entered into between WELCO ONE, LLC., a Professional Employer Organization, and the undersigned and identified leased employee ("Employee”) pursuant to a Client Service Agreement between PEO and the Client Company in which PEO and my Client Company have agreed to act as co-employers. This Agreement only pertains to Employee’s employment with PEO. CO- EMPLOYMENT: Employee’s continued employment is as a co-employee of PEO and Client Company. A co-employee is an employee with two employers: the Client Company and a Professional Employer Organization (PEO). The co-employment relationship allows PEO to provide certain benefits and services to Client Company and its employees, including but not limited to, administration of payroll, unemployment benefit administration, workers’ compensation and other employee benefits. Client Company retains the rights and responsibilities of, including but not limited to, daily management and control, control of employee's activities, employee’s job requirements, employee’s rate and method of pay and worksite safety.
- At-Will Employment Agreement. I agree that I have been hired as an at-will employee of PEO, which is an Employee Leasing Company and there is no contract of employment which exists between me and the Client Company to which I have been assigned, nor between PEO and me. I understand and agree that I may be terminated, or I may terminate my employment at any time for any reason, or no reason as I am an at-will employee.
- Accident Reporting and Workers’ Compensation Agreement. I agree to immediately report all work-related injuries and accidents to my Client Company and to PEO. I agree that any work-related injuries which may be sustained by me are covered solely and exclusively by the state workers’ compensation law and workers' compensation insurance provided by PEO. To the extent permitted by law, I hereby waive and forever release any rights I might have to make claims or sue PEO for damages based upon injuries that are covered under workers' compensation law. I also agree that if I am injured, unless any other leave program is applicable, I will accept any modified/light duty assignment found to be within the scope of my physical capabilities as determined by the workers’ compensation treating physician. I agree to any drug or alcohol testing policy, which PEO may adopt; specifically, I agree to post-accident drug testing in any situation allowed by law.
- Client Company Paid Leave Policies, Family and Medical Leave Act (FMLA) and Another Benefits Agreement. I agree that if my Client Company maintains policies providing paid leave benefits such as vacation, sick leave, PTO, or severance pay, my Client Company is solely responsible for paying any accrued benefits under such policies during employment and at the time of termination. PEO does not provide, and has no policy providing, vacation or other paid leave benefits. To the extent paid leave benefits are paid through PEO's payroll to Employee, it is solely as a payroll service on behalf of my Client Company. Similarly, to the extent my Client Company provides other benefits pursuant to policies to which PEO is not a party, such as stock options, bonuses, profit sharing, retirement benefits, and any other benefits, my Client Company is solely responsible for providing the benefits prescribed by those policies. My Client Company is the primary employer responsible for giving required FMLA notices, determining Employees’ eligibility for FMLA, providing FMLA leave, and Maintenance of health benefits. My Client Company is responsible for the restoration of employees returning from FMLA leave to their positions according to law. PEO will cooperate fully with my Client Company in the administration of FMLA under applicable law.
- Anti-Discrimination, Anti-Harassment and Retaliation Agreement. I understand that PEO and my Client Company expressly prohibit discrimination, harassment and retaliation based on race, color, sex, religion, marital status, veteran status, national origin, disability, age or any other protected category. Improper interference with the ability of my Client Company’s employees to perform their job duties is also prohibited. Nor will PEO or my Client Company tolerate any actual or attempted reprisals or retaliation against an employee who raises a valid concern that this policy has been violated. PEO and my Client Company take all allegations of discrimination, harassment and retaliation very seriously and are firmly committed to ensuring a workplace free of those discriminatory activities. Anyone engaging in discrimination, harassment or retaliation is subject to disciplinary action up to and including discharge. If I observe such prohibited activity, I agree to contact an appropriate person at the Client Company to which I have been assigned and report such conduct. If I believe that management is involved in the prohibited acts, or for any other reason cannot contact a person at my Client Company, I agree to contact PEO’s Human Resources Department at 941.677.0110. I understand that PEO does not directly control the workplace at my Client Company and is not able to end or remediate any discrimination, harassment or retaliation which may occur and that PEO will attempt to facilitate a resolution; the responsibility for responding to such inappropriate conduct rests with my Client Company.
- Non-Payment of PEO by Client Company Agreement. I understand and agree that while I am assigned to my Client Company and am a leased employee of PEO, if PEO does not receive payment from the Client Company for services which I perform as a leased employee; PEO will still pay me the applicable minimum wage (or the legally required minimum salary or overtime pay) for any such pay period. I understand that the Client Company to which I am assigned remains obligated to pay me my regular hourly rate of pay if I am a non-exempt employee and to pay me my full salary if I am an exempt employee even if PEO is not paid by the Client Company.
- Drug and Alcohol-Free Workplace Agreement. I understand and agree that PEO prohibits the unlawful possession, consumption, distribution or unauthorized use of alcohol or illegal or illegally obtained drugs in the workplace or while conducting work elsewhere. I understand and agree that employees are not permit- ted to work while under the influence of alcohol or drugs. I understand and agree that I may be required to submit to drug and/or alcohol testing in accord with PEO's policy, including post-accident or injury and reasonable suspicion testing. I understand that violation of this policy, including my refusal to cooperate with testing procedures, may result in immediate discharge.
- Worksite Injury Agreement. I specifically agree to post-accident drug/alcohol testing for any work injury, regardless of whether I can give consent at that time. This authorization or a photocopy hereof is my authority and consent to post-accident drug/alcohol testing in all instances. I shall comply with the provisions of Florida Statute 440 concerning claims for workers' compensation benefits. If I provide false, misleading or incomplete information to obtain workers' compensation benefits, I may be denied such benefits.
- Introductory Period Agreement. All new employees (whether full or part-time) are in an introductory status during their initial 90 days of employment. At any time during this period, either you or your co-employer may decide to terminate your employment for any reason allowed by law. Completion of the introductory period will not result in any employment contract for any specific term, nor will it confer any additional employment right upon any employee.
- Existing Agreements. I understand and agree that my co-employment with PEO does not in any way alter, amend or diminish any contractual agreement with my Client Company regarding terms of my employment or any compensation agreement, non-competition agreement, non-solicit agreement or confidentiality agreement and that such agreements will not be affected by the arrangement with PEO. My obligations and the obligations of my Client Company remain intact.