SCOPE & TERMS OF EMPLOYMENT FOR PERSONAL ATTENDANT EMPLOYEES
Each Aegis Home Care, LLC case has a Plan of Care at the residence of duty. This Plan of Care details the duties and activities Aegis Home Care, LLC Employees are to perform for the Client while on duty and who the Client (s} is/are. Each Employee is required to know the duties they are to perform for the Client (s} according to the Plan of Care and to adhere to the Client's Plan of Care. In the event an Aegis Employee is requested to perform duties that are contrary to or not included in the Plan of Care, that Employee has the duty to call the office for clarification prior to performing those duties for the Client.
The government classifies our Aegis Care Services as “In-Home Aide” or “Companionship Services." The law that governs our Care Services reads, in part, as follows:
"Companionship services" or “In-Home Aide” Services include the following: assistance with the Client's activities of daily living, their bathing activities and cleaning the bathroom afterwards, their personal care, their ambulation, assistance with their dressing, their meal preparation and cleanup, making their bed, washing, drying, and putting away their laundry, and other similar services.
General household work performed on a case might include the following: ironing clothes, dusting the furniture, polishing the furniture, polishing the silver, knocking down some spider webs with a broom, mopping and waxing floors with a mop applicator, sweeping the patio, wiping down all the counter tops, vacuuming the floors, cleaning bathrooms other than the one used by the Client, and other similar activities. Employees providing Personal Attendant Care Services can do general household work on a case, as long as this work does not exceed 20% of the total hours worked by this employee for this specific Client.
PROHIBITED ACTIVITIES OF AEGIS HOME CARE, LLC EMPLOYEES
Aegis Home Care, LLC has identified certain activities that it expressly prohibits its employees from engaging in. Any Company Employee, or their family, friends or acquaintances, performing any of the following prohibited activities is in violation of Aegis Home Care, LLC policy:
Aegis Home Care, LLC Employees are, unless approved by Agency Director or Designee, prohibited from performing activities or assisting the Client, the Financially Responsible Party, or their families perform activities related to any of their financial matters, performed in person, by hand, over the telephone, or computer generated or activated, including, but not limited to:
- Writing out bank deposits or other monetary deposits to any financial institution or organization.
- Going to the bank and making deposits or withdrawals,
- Opening bank statements or statements from any financial institution,
- Reconciling checkbooks or ledgers,
- Looking inside or making entries into checkbooks or ledgers,
- Writing out any portion of a check,
- Paying bills, in either cash or using some other monetary instrument,
- Assistance with the organization of the bills in preparation of bill paying,
- Using the Client, the Financially Responsible Party, or their families' credit cards, debit cards, or ATM cards for any purpose, or knowing the passwords thereof,
- Handling cash or coins for any reason for the Client, the Financially Responsible Party, or their families, except in the case where the Client has a petty cash fund at the residence of duty and that fund is solely for the purchase of groceries and prescriptions for the client. All activity of the petty cash fund is required to be logged into the Activity Log.
- Discussing, counseling, giving advice, or otherwise knowing about or being involved with the Client's, the Financially Responsible Party's, or their families' financial affairs, stock holdings or stock portfolios, investments, holdings, bank balances, mortgages and or their balances, certificates of deposits, financial statements of any sort, or any other financial matter.
Aegis Home Care, LLC Employees are prohibited from entering into or cutting any part of the body. Aegis Home Care, LLC Employees are prohibited from cutting or trimming the Client's hair, fingernails, and/or toenails. If a Client has the desire for any of the above to be trimmed or cut, Aegis Home Care, LLC will assist the Client to find a skilled professional who will perform those services.
Aegis Home Care, LLC Employees are prohibited from administering any medications. Employees can remind, queue or assist the Client in taking his or her own medications.
Aegis Home Care, LLC Employees, their families, friends or acquaintances are expressly prohibited from asking for, or accepting, gifts or loans, in any manner or form, from the Client, the Financially Responsible Party, or their families.
Aegis Home Care, LLC Employees are prohibited from having his/her friends, members of his/her family or acquaintances in or about the Client's residence. The only exception would be for an attendant to be picked up or dropped off for a job assignment. However, even then only the Aegis Home Care, LLC Employee is authorized to be in the Client's residence. Permission from the Client for the Employee to have his/her friends, members of his/her family or acquaintances in or about the duty residence does not supersede this policy. If the Employee breaches this policy, the Client or his/her representative has agreed to immediately notify the Aegis Home Care, LLC office.
Aegis Home Care, LLC Employees are prohibited from ever performing certain types of chore work while providing attendant care services, such as: wash windows, move furniture, pull weeds outside or any type of yard or gardening work, any type of cleaning, washing, scrubbing, or waxing activities where the attendant employee would have to get down on their hands and knees or squat to perform these activities, any type of handyman activities, climbing on ladders of any kind or standing on chairs or other furniture to perform any type of work, etc.
Unless approved by Agency Director or Designee, Aegis Home Care, LLC Employees are prohibited from discussing with the Client, the Financially Responsible Party, or their families, the Company's Employee's wages, his/her personal financial circumstances, his/her life history, or the present circumstances of his/her life. Further, Employees are not to discuss with the Client, the Financially Responsible Party, or their families or relatives the financial arrangements made between the Client and Aegis Home Care, LLC, or, between Aegis Home Care, LLC and the Employee.
Aegis Home Care, LLC Employees are prohibited from giving to the Client, the Financially Responsible Party, or their families, the Employee's home telephone number or home address, or any other physical location or telephone number where the Employee could be contacted during off-duty hours. Employees are prohibited from any contact, in person or by telephone, with the Client or the Client's family, or Financially Responsible Party during the Employee's off duty hours.
Aegis Home Care, LLC Employees are prohibited from using the Client's telephone for personal telephone calls and are prohibited from receiving personal telephone calls at the Client's home or residence of duty, unless otherwise directed by his/her supervisor. Employees are prohibited from making personal long-distance phone calls from and/or charging the same to the Client's telephone. If an Employee needs to use the Client's telephone to call the Company office, he/she is to always get the Client's permission first. If the call to the office is a toll call, call the office on the toll-free number. Your Supervisor will give you that number.
TERMS OF EMPLOYMENT
This document represents an agreement between Aegis Home Care, LLC and its employee indicated below. As a stipulation of employment, the employee agrees to the following conditions:
A. AGREEMENT NOT TO DISCLOSE OR USE AEGIS HOME CARE, LLC TRADE SECRETS
1. During the term of employment with Aegis Home Care, LLC, employees may have access to and become acquainted with information of a confidential, proprietary or secret nature which is or may be either applicable or related to the present or future business of the Company, its research and development, or the business of its customers. For example, trade secret information includes, but is not limited to, devices, inventions, processes and compilations of information, records, specifications and information concerning contacts, clients, customers or vendors, Aegis Home Care, LLC clients or insurance companies whereabouts or personnel, Aegis Home Care, LLC or their client's billing or invoicing practices or procedures, Aegis Home Care, LLC marketing strategies, organizational structure, policy or procedures. The employee agrees not to disclose any of the above-mentioned trade secrets directly or indirectly, or use them in any way, either during the term of the employee's employment with Aegis Home Care, LLC or any time thereafter, except as required in the course of employment with Aegis Home Care, LLC. The employee understands and agrees it is a condition of employment for the employee not to utilize Aegis Home Care, LLC trade secrets for the employee's personal gain; or for the purpose of being employed privately; or for the employee or any of the employee's family, friends or acquaintances to be employed by any former, current, or potential Aegis Home Care, LLC client for a period of one year following the last day the employee was employed by Aegis Home Care, LLC. The employee also agrees to immediately report to the office any client soliciting his/her self or another Aegis Home Care, LLC employee to work privately for that or other Aegis Home Care, LLC clients or potential clients.
2. The employee agrees not to use the knowledge of Aegis Home Care, LLC trade secrets derived as an employee of Aegis Home Care, LLC which includes but is not limited to: Aegis Home Care, LLC clients or insurance companies whereabouts or personnel; Aegis Home Care, LLC or their client's billing or invoicing practices or procedures; Aegis Home Care, LLC marketing strategies, organizational structure, policy or procedures; or any other information concerning Aegis Home Care, LLC and its business practices. The employee agrees not to go into business for his/her self-using Aegis Home Care, LLC trade secrets or to give this information for the benefit of any other business or corporation that performs In-Home Care Services.
3. The employee agrees and understands that he/she will not discuss any information concerning any closed or past Aegis Home Care, LLC case the employee has knowledge of or any other Aegis Home Care, LLC case the employee is or might be privy to, with any other person, business, or corporation that provides services similar to those of Aegis Home Care, LLC, while an employee of Aegis Home Care, LLC or after separation of service with Aegis Home Care, LLC. Nor will the employee discuss any matters concerning any Aegis Home Care, LLC case with any other person except appropriate Aegis Home Care, LLC staff members.
B. NO SOLICITATION OF AEGIS HOME CARE, LLC CLIENTS, CUSTOMERS OR EMPLOYEES
1. The employee agrees that all customers and/or clients of Aegis Home Care, LLC, for which the employee has or will provide services for during the employee's employment with Aegis Home Care, LLC, and all prospective customers and/or clients from whom Aegis Home Care, LLC has become aware of while in the employ of Aegis Home Care, LLC, shall be solely the customers and/or clients of Aegis Home Care, LLC.
2. The employee agrees that, for a period of one year immediately following the termination of employment with Aegis Home Care, LLC, he/she shall neither directly or indirectly solicit business as to products or services competitive with those of Aegis Home Care, LLC, from any of Aegis Home Care, LLC customers and/or clients with whom the employee had knowledge of or had contact within one year prior to the employee's termination.
3. The employee further agrees that for a period of one year after termination of employment, the employee will not directly or indirectly induce or solicit any of Aegis Home Care, LLC employees to leave their employment.
C. DISPOSITION OF AEGIS HOME CARE, LLC MATERIALS
1. The employee agrees that in the event of separation from employment with Aegis Home Care, LLC, the employee will return, upon demand, to Aegis Home Care, LLC all information concerning all cases the employee was responsible for. Aegis Home Care, LLC considers and treats this information as Aegis Home Care, LLC trade secrets and includes, but is not limited to the following: all customer lists, phone numbers, the method or business practices Aegis Home Care, LLC employs, and any and all other forms, formats, equipment, and materials pertaining to Aegis Home Care, LLC 's clients, claimants. insurance adjusters, insurance companies, doctors, all copies of manuals, handbooks, forms, and any other individuals with whom contact was made while employed by Aegis Home Care, LLC.
D. GENERAL CONDITIONS
1. The employee understands that this agreement is in effect if he/she voluntarily stops working for Aegis Home Care, LLC or employment with Aegis Home Care, LLC is terminated by Aegis Home Care, LLC. In the event the employee violates this Agreement, the employee understands and agrees to pay for all reasonable legal fees necessary to enforce this agreement. The employee also understands that he/she will pay for any costs, including reasonable attorney fees, necessary for Aegis Home Care, LLC to recoup all financial loss due to the employee's breach of this agreement. The employee also agrees to immediately report to their immediate Manager any Aegis Home Care, LLC former or current clients soliciting him/her or another Aegis Home Care, LLC employee to work for that or other Aegis Home Care, LLC clients.
2. The employee understands and agrees that breach of this Agreement by the employee constitutes immediate termination of employment with Aegis Home Care, LLC.
E. AUTOMOBILE USAGE
1. The employee understands that he/she is allowed to use his/her personal automobile to conduct Aegis Home Care, LLC business. In some instances, a case may require the employee to drive the client's vehicle while on duty to perform tasks for the client. In compliance with the laws of the State in which the employee may drive and Aegis Home Care, LLC policy it is required that any employee driving a client's vehicle in the normal course of conducting Aegis Home Care, LLC business must have the following: a valid driver's license and a clean driving record.
2. Employees are prohibited from driving a client's vehicle in their off-duty hours.
3. I understand that, in order to drive Aegis clients in their own vehicle, I must provide the following documentation to Aegis for their review and approval:
- A copy of my valid drivers' license
- My current automobile insurance card.
I understand that a “Driving Prohibition period” may go into effect if any of these documents are not furnished to aegis, or if my license gets suspended, revoked, my driving record changes, or I lose my car insurance. In order for this driving prohibition to be considered by Aegis Home Care, LLC to be lifted, I must take care of all the checked items above. I understand and agree that although I may take care of all the above issues, Aegis Home Care, LLC may still prohibit me from driving for Aegis Home Care, LLC or its Clients.
F. EMPLOYEE - AEGIS HOME CARE, LLC CLIENTS RELATIONS
1. The employee understands and agrees that he/she will not solicit nor accept any gifts, loans or advances of money from the client or the client's relatives or friends. If a client offers to give to the employee any article, personal effect, or monies the employee will inform the Aegis Home Care, LLC office immediately.
G. AEGIS HOME CARE, LLC EMPLOYEE WORKING PRIVATELY FOR CURRENT OR FORMER AEGIS HOME CARE, LLC CLIENT
1. Aegis Home Care, LLC is not normally in the practice of finding private employment for its employees. Aegis Home Care, LLC recognizes that some of its employees may decide to work privately for Aegis Home Care, LLC current or former clients, or their families or the Financially Responsible Party, or their families, while still employed by Aegis Home Care, LLC and/or within one (I) year from the termination of employment with Aegis Home Care, LLC.
2. By signing this Attendant Employee Employment Agreement the employee understands and agrees in the event the employee is employed privately providing care services by and for any current or former Aegis Home Care, LLC Client, or their family, or Financially Responsible Party, or their family, while employed by Aegis Home Care, LLC and/or within one (1) year from the employee's termination of employment with Aegis Home Care, LLC, the employee shall pay to Aegis Home Care, LLC, upon demand, an Employment Finder's Fee of $15,000.00, per client for the employee's private employment with a current or former Aegis Home Care, LLC Client. Further, the employee understands and agrees in the event the employee is employed by a third party providing care services any current or former Aegis Home Care, LLC Client, or their family, or Financially Responsible Party, or their family, while employed by Aegis Home Care, LLC and/or within one (1) year from the employee's termination of employment with Aegis Home Care, LLC, the employee shall pay to Aegis Home Care, LLC, upon demand, an Employment Finder's Fee of $15,000.00, per client for the employee's employment with a current or former Aegis Home Care, LLC Client. The employee agrees to pay all fees required for Aegis Home Care, LLC to collect the Employment Finder's Fee, including customary and reasonable legal costs incurred by Aegis Home Care, LLC to collect the Employment Finder's Fee.
3. The employee further understands and agrees this agreement is in effect whether the employee voluntarily resigns his/her employment from Aegis Home Care, LLC or the employee's employment with Aegis Home Care, LLC is terminated by Aegis Home Care, LLC. ·
TERM OF AGREEMENT: The term of this Agreement shall be for the duration as indicated above in each condition of employment but not less than the period of one year from the termination date of the employee's employment with the Aegis Home Care, LLC, commencing on the date below.
SEVERABILITY OF PROVISIONS: If any provision of this Agreement is held to be illegal or invalid by any court of law or arbitrator, a final decision from which there is no appeal is or can be taken, such provisions shall be deemed modified to eliminate the invalid element and as so modified such provision shall be deemed a part of this Agreement as though originally included herein. The remaining provisions of this Agreement shall not be affected by such modification.
LEGAL COMPENSATION: In the event the employee violates this Agreement, the employee understands and agrees they are acting outside the scope of their employment. In the event the employee violates this Agreement, the employee understands and agrees to pay for all reasonable legal fees necessary to enforce this agreement. The employee also understands that he/she will pay for all costs, including reasonable attorney fees, necessary for Aegis Home Care, LLC to recoup all its financial loss due to the employee's breach of this agreement.
GOOD FAITH: The parties agree to perform all of the duties and obligations set forth in this Agreement utilizing good faith business practices and decisions as it may affect the other party.
ENTIRE AGREEMENT: All prior written or oral agreements between the parties are incorporated in this agreement which constitutes the entire Agreement. Its terms are intended by the parties as a final expression of their Agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding, if any, involving this Agreement. Any amendments to this Agreement shall be null and void unless in writing. Attached hereto, identified as an amendment to this Agreement, signed and dated by all parties or their respective agents.