| Candidate Information | | Title | Delivery Representative Senior Manager | | Target Location | US-WA-Kirkland |
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Click here or scroll down to respond to this candidateEMPLOYMENT AGREEMENTThis Employment Agreement ("Agreement") is made effective as of Street Address
Sep Street Address by and between the following parties:ACP Pilgrim Sharp Inc. duly authorized, of Street Address
(the "Employer")OF THE FIRST PART- AND -Rebecca S Nay of 2408 WEST BOONE AVE N/A, SPOKANE, WA 99201(the "Employee")OF THE SECOND PARTCollectively, "the Parties" WHO ACKNOWLEDGE AND DECLARED: WITNESSETH:WHEREAS, the Employee will provide services of Delivery Representative, and will primarily perform the job duties at the following location: 2408 WEST BOONE AVE N/A, SPOKANE, WA 99201.WHEREAS, the Employer is willing to secure the services of the Employee at this time, and the Employee is willing to be employed by the Employer under the terms and conditions herein below set forth.INTENT OF AGREEMENT:It is the spirit and the intent of this Agreement to form an employment relationship by and between the parties, for their mutual benefit and well-being. The Agreement is at all times to be performed in good faith. BACKGROUND:The Employer is of the opinion that the Employee has the necessary qualifications, experience and abilities to assist and benefit the Employer in its business.The Employer desires to employ the Employee and the Employee has agreed to accept and enter such employment upon the terms and conditions set out in this Agreement.Therefore, the parties agree as follows:EMPLOYMENTACP Pilgrim Sharp Inc. will employ the Employee as a Delivery Representative. The Employee will provide to the Employer the following services: Home (or other) address as the delivery address for the Employer's costumers and/or partners (the Delivery Representative should warn his Senior Manager in advance if he wants to change an address and do it no later than two weeks before any changes).Delivery monitoring and control, delivery status updates and reports (the weight of each package should not exceed 64 lbs).Quality inspection of incoming goods and components (integrity, commercial invoices).Identification of goods that do not meet established quality standards(commercial invoice information).Shipment of goods to the Employer's facility or directly to the Employer's customers (goods repackaging may be applied if necessary; the Delivery Representative will get a prepaid shipping label for each package or a set of packages).Shipment and delivery is conducted via USPS, UPS or FedEx by visiting offices, pickup scheduling, or using carrier drop off boxes. The Employee accepts and agrees to such activity, and agrees to be the subject to the general supervision, advice and direction of the Employer and the Employer's supervisory personnel.BEST EFFORTS OF EMPLOYEEThe Employee agrees to perform faithfully, industriously, and to the best of the Employee's ability, experience, and talents, all of the duties that may be required by the express and implied terms of this Agreement, to the reasonable satisfaction of the Employer. Such duties shall be provided as the needs, business, or opportunities of the Employer may require from time to time. COMPENSATION OF EMPLOYEEAs compensation for the services provided by the Employer under this Agreement, the Employer will pay the Employee $10.00 per package processed, i. e. successfully received, reported, and shipped with the corresponding task. The payment is provided on a monthly basis, and the pay date for each month is determined by the first working day. The first working day begins when the Employee receives and reports on the first package delivered. The amount of packages available to process and the consequential total monthly wage are determined by the Employee's abilities and willingness and corresponds with the Employer's technical capabilities and may be a subject to an agreement between parties. Upon termination of this Agreement, payments under this paragraph shall cease; unless provided that the Employee is entitled to payments for periods or partial periods that occurred prior to the date of termination and for which the Employee has not yet been paid, and for any commission earned in accordance with the Employer's customary procedures, if applicable. Accrued vacation pay shall be provided in accordance with state law and the Employer's customary procedures. COMMISSION PAYMENTSIn addition to the payments mentioned in the previous Section, the Employer will provide commission payments to the Employee with the rate of $30.00 for 10 or more packages processed weekly. This commission will be paid monthly on the last day of the working month, each payment corresponding to the semi- monthly period that ended within fifteen days prior to the payment date. The Employee, or the Employee's agent, will have the right to inspect the Employer' records for the limited purpose of verifying the calculation of the commission payments, subject to such restrictions as the Employer may reasonably impose to protect the confidentiality of the records. Such inspections will be made during reasonable business hours as may be set by the Employer. EXPENSE REIMBURSEMENTThe Employer will reimburse the Employee for the following "out-of-pocket" expenses in accordance with the Employer policies in effect from time to time: cardboard boxes, tape, markers, wrapping paper, other essential supplies. The Employee shall provide the records or bills of such expenses to the Employer. CONFIDENTIALITYThe Employee recognizes that the Employer has and will have information regarding the following: products, processes, customer lists, costs, business affairs and other vital information items (collectively, "Information") which are valuable, special, and unique assets of the Employer. The Employee agrees that the Employee will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any third party without the prior written consent of the Employer. The Employee will protect the Information and treat it as strictly confidential. A violation by the Employee of this paragraph will be a material violation of this Agreement and will justify legal and/or equitable remedy.BENEFITSThe Employee will be entitled to employment benefits, including holidays and vacation as provided by the Employer' policies, special opportunities and promotion offers.TERM/TERMINATIONThe Employee's employment under this Agreement will be for an unspecified term on an "at will" basis. This Agreement may be terminated by the Employer upon 14 days written notice and by the Employee upon 14 days written notice. If the Employee is in violation of this Agreement, the Employer may terminate employment without notice and with compensation to the Employee only up to the date of such termination. The compensation paid under this Agreement will be the Employee's exclusive remedy.A person who purposely obtains property upon agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he or she deals with the property obtained as his or her own and fails to make the required payment or disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor's failure to make the required payment or disposition. An officer or employee of the government or of a financial institution is presumed: (i) to know any legal obligation relevant to his criminal liability under this Section, and (ii) to have dealt with the property as his own if he or she fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of accounts. The above case shows that the person is subject to criminal liability under the Penal Code.COMPLIANCE WITH THE EMPLOYER'S RULESThe Employee agrees to comply with all of the rules and regulations of the Employer.ENTIRE AGREEMENTThis Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.WAIVER OF CONTRACTUAL RIGHTThe failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. This Agreement will be governed by the Employer registration state laws. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate originals, on the date first herein above set forth, and have duly affixed their signatures under hand.EMPLOYER:ACP Pilgrim Sharp Inc.By: Pamela HarveyPamela HarveyHuman Resources ManagerEMPLOYEE:Date: 23 Sep 2024Rebecca S Nay |
