As you consider our offer of employment or continued employment with eatOS POS Inc., its subsidiaries, and its and their affiliates (collectively “eatOS”), there are certain matters that we want to clarify.
First, you must observe the policies that we publish from time to time for employees. These include a requirement that you maintain the highest standards of conduct and act within the highest ethical principles. You must not do anything that may be a conflict of interest with your responsibilities as an employee except as otherwise provided by applicable laws or regulations. These expectations are included in the Employee Handbook, the eatOS Code of Conduct, and any other policies that apply to your business or function, or to eatOS employees generally.
These documents are available for your review prior to your acceptance of employment if you choose to review them. If you’re a new hire, you’ll be asked to acknowledge receiving a copy of the eatOS Code of Conduct and the U.S. Employee Handbook on or before your start date. Remember: It’s your responsibility to read and understand these policies and expectations. If you have any questions, now or in the future, please ask Human Resources.
Second, except as provided in the seventh principle below, you must never use, nor disclose to any unauthorized person within eatOS or anyone not affiliated with eatOS, any personal, proprietary or confidential information you obtain as a result of your employment with us (“Confidential Information”) except when necessary, in your employment with us or as otherwise provided by applicable laws or regulations. This applies both while you’re employed with us and after that employment ends. If you leave our employ, you may not disclose, use, retain, or take with you any Confidential Information or any writing or other record that relates to Confidential Information.
Third, your employment with us requires your full attention. You waive any rights to and further agree to assign, and hereby do assign, any work of authorship, invention, discovery, development or improvement made or conceived by you, either alone or jointly with others, during the time you’re employed by us that pertains to our business; arises out of your employment; is aided by the use of time, materials, property or facilities of eatOS; or is at eatOS’s request and expense (“Intellectual Property”). Works of authorship created within the scope of your employment are owned by eatOS as “works for hire.”
In addition, in the event that you currently own rights in any inventions or technologies (such as financial models, trading strategies, or software programs) that pertain to eatOS’s business (“Other Technologies”), you’re required to notify your manager of the existence and nature of such things prior to your employment with us. Unless you obtain a signed written agreement from an authorized representative of eatOS providing otherwise prior to your employment with us, you agree to assign, and hereby do assign, to us any interest that you have in Other Technologies.
Additionally, you agree to assist eatOS in connection with any effort to perfect the assignment of Intellectual Property including Other Technologies; any controversy or legal proceeding relating to Intellectual Property; and in obtaining domestic and foreign patent(s), copyright or other protection covering Intellectual Property. You also must irrevocably waive author’s moral rights relating to Intellectual Property and not exercise such right in any manner.
Fourth, you and eatOS agree to follow eatOS’ dispute resolution/arbitration procedures. This applies while you are employed by us as well as after your employment ends. While we hope that disputes with our employees will never arise, we want them resolved promptly if they do arise. These procedures do not preclude us from taking disciplinary actions (including terminations of employment) at any time, but if you dispute those actions, we both agree that the disagreement will be resolved through these procedures.
Our procedures are divided into two parts:
With respect to (a) disciplinary action taken in the form of a Final Warning/Final Performance Improvement Plan; or (b) termination of employment, which you think is unfair, there is an internal dispute resolution procedure that allows you to seek review of those actions.
With respect to all disputes arising out of or relating to your employment with and separation from eatOS which are based upon a legally protected right (i.e., statutory, contractual or common law)1, including ones not resolved by the dispute resolution procedure, we both agree to submit the dispute to binding arbitration (except those disputes which by federal law are not subject to binding arbitration). A detailed description of eatOS’ Employment Arbitration Policy is included as Appendix A of the Employee Handbook.
Again, it’s your responsibility to read and understand the dispute resolution/arbitration procedure. If you have any questions, now or in the future, please ask Human Resources.
Fifth, during your employment and for the one year period following the resignation or termination of your employment for any reason, you agree that you won’t (a) engage in any conduct, either individually or in concert with a third party, which, directly or indirectly, causes or attempts to cause any eatOS employee to terminate his or her employment with eatOS, or (b) solicit, either directly or indirectly, individually or in concert with a third party, any client of eatOS whose account(s) you served or whose name you learned during your employment with eatOS.
Sixth, nothing herein constitutes a contract of employment for a definite period of time. The employment relationship is “at-will,” which affords either party the right to terminate the relationship at any time for no reason or any reason not otherwise prohibited by applicable law.
Seventh, nothing contained herein is intended to prohibit or restrict you or eatOS from providing evidence or other information to any government, regulatory or self- regulatory agency or from responding to any court order or subpoena. You may also disclose confidential information, including trade secrets, to (a) any government, regulatory or self-regulatory agency, or Section 7 of the Defend Trade Secrets Act of 2016 (“Defend Trade Secrets Act”), and the rules thereunder or (b) an attorney in connection with the reporting or investigation of a suspected violation of law or to an attorney or in a court filing under seal in connection with a retaliation or other lawsuit or proceeding, as permitted under the Defend Trade Secrets Act. You do not need the prior authorization of eatOS to provide evidence or other information to any government, regulatory, or self-regulatory agency, and you are not required to notify eatOS that you have done so. Moreover, nothing contained herein is intended to, or shall be construed to, prohibit you from filing a charge or other proceeding with, or participating in an investigation or other proceeding conducted by, any government agency as discussed in more detail in the attached Arbitration Policy.
eatOS retains the right to decrease an employee’s compensation and/or benefits, transfer or demote an employee, or otherwise change the terms and conditions of any employee’s employment with eatOS at any time with or without notice at its sole discretion. We believe these matters are important to you as an employee and to us as an employer.
Eight, Use of Surveillance Cameras, Software & Hardware on Company Property Policy
Nineth, Drug and Alcohol Policy
You agree to adhere to a strict Anti-Drug and Alcohol Policy adopted by the company as a supplement to the employment agreement. You may be required to sign the company ADAP Policy in the future and may be subject to a drug test.
Tenth, COVID-19 – Hazard Recognition Program
Employees exhibiting symptoms of COVID-19 per CDC guidelines will be sent home and/or instructed to seek medical care as needed.
Physical distancing between employees and the general public is enforced in our workplace.
We believe these matters are important to you as an employee and to us as an employer.
Understood and agreed.
These include, but aren’t limited to, all claims, demands, or actions alleging unlawful employment discrimination or other conduct under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act of 1938, the Equal Pay Act of 1963, the Employee Retirement Income Security Act of 1974, the Worker Adjustment and Retraining Notification Act of 1989, and all amendments thereto, and any other federal, state, or local statute or regulation or common law doctrine regarding employment, employment discrimination, the terms and conditions of employment, termination of employment, compensation, breach of contract, defamation, or retaliation claims, or any claims arising under or related to the eatOS POS Inc.’s group Separation Pay Plan.
Amendment or termination of policy
eatOS reserves the right to revise, amend, modify or discontinue the Policy at any time in its sole discretion with 30 calendar days’ written notice. Such amendments may be made by publishing them in the Handbook or by separate release to employees and shall be effective 30 calendar days after such amendments are provided to employees and will apply prospectively only. Your continuation of employment after receiving such amendments shall be deemed acceptance of the amended terms.
Severability
If any part or provision of this Policy is held to be invalid, illegal, or unenforceable, such holding will not affect the legality, validity or enforceability of the remaining parts and each provision of this Policy will be valid, legal, and enforceable to the fullest extent permitted by law.
