Mr. Labeed Diab
We are pleased to extend you an offer to join Brookdale Senior Living Inc. as Chief Operating Officer, starting on a mutually agreed upon date! We are excited about you joining the Brookdale team and look forward to a mutually rewarding experience! The details of your employment offer are as follows:
| Ø | This position is based in the Nashville, TN area, and, therefore, you will be expected to relocate your primary residence to the Nashville area within 12 months. You will receive relocation assistance for your move to the Nashville, TN area. The full amount of relocation assistance is subject to repayment if you voluntarily terminate or withdraw from your full-time employment with Brookdale prior to 18 months of employment. Further details regarding your relocation expense reimbursement are attached with this offer letter. |
| Ø | You will be entitled to participate in the Company's Severance Pay Policy, Tier I, as amended, as a Designated Officer as defined therein. Please note that Brookdale reserves the right to amend, modify, supplement or terminate the policy at any time, subject to the terms of the policy. |
| Ø | As a regular full-time Associate, you will be entitled to enroll in the Brookdale benefit programs. If you choose to enroll and do so by your eligibility date, your coverage becomes effective the first of the month following 30 days of continuous service. Please refer to your benefits packet you will receive in the mail for enrollment instructions and the Brookdale Benefits Summary for information regarding our current benefit programs. Please note that Brookdale reserves the right to amend, modify, supplement or terminate its benefit policies, plans and programs at any time and for any reason, including but not limited to, to comply with changes in the law and/or to respond to cost increases in benefits provided. |
| Ø | Brookdale will automatically enroll you in the Brookdale 401(k) Retirement Savings Plan once you are eligible to participate. You become eligible the first of the month after you have worked at Brookdale for 6 months. Each pay period Brookdale will automatically deduct 4% from your pay before taxes are deducted and invest it into your Brookdale 401(k) Retirement Savings Plan. If you do not want to contribute, you can decline participation when you receive the enrollment packet with details about the plan. |
| Ø | Brookdale is a drug and alcohol free workplace. You will be subject to random drug screens from time to time during the course of your employment. Alcohol screens may be done with reasonable suspicion. Failure of any drug or alcohol screen may result in disciplinary action, up to and including termination of your employment. |
| Ø | Brookdale will perform ongoing criminal background screening to ensure that its associates are compliant with laws regarding convictions and pending charges. From time to time, as a condition to your employment or continued employment, you will be asked to sign a release for Brookdale to obtain criminal background checks. If you refuse to sign the release, it will be considered a failure and grounds for immediate termination. In the event certain criminal convictions appear on your record, you understand that you may be considered unemployable by Brookdale. A failure to report being charged with more than a minor traffic violation can result in disciplinary action, up to and including termination of your employment. You agree to immediately report any charge of more than a minor traffic violation you may receive to your supervisor. |
| Ø | This offer supersedes all previous offers. Please understand that the terms stated herein are the only terms being offered to you. Your employment with Brookdale, if accepted, will be considered "at will" and may be terminated by you, or by Brookdale, with or without cause and with or without notice at any time. Nothing contained in this letter or in any other written or oral communication made prior to the date of this letter should be considered or interpreted in any manner as a contract or agreement of employment. |
| Ø | By signing below and accepting the position described herein, you agree to abide by Brookdale's policies regarding confidentiality and the protection of proprietary information |
| and trade secrets (including those set forth in Brookdale's Code of Business Conduct and Ethics). These obligations will survive the termination of your employment. |
| Ø | Your employment will be subject to all of Brookdale's employment policies and procedures, including Brookdale's Associate Handbook, as the same may be amended, modified or supplemented from time to time. |
| Ø | You will be expected to execute a copy of the Brookdale Dispute Resolution Agreement, a copy of which is attached. Execution of that agreement is a condition of employment at Brookdale. |
Labeed, all of us on the Brookdale team look forward to working with you! Please affirm your acceptance of this offer by signing in the space below and returning one signed original copy to me.
Sincerely,
/s/ Glenn Maul
Glenn Maul
Chief People Officer
ACCEPTED: /s/ Labeed Diab DATE: 10/29/2015
Labeed Diab
Brookdale
Associate Sign On Bonus Terms
I, Labeed Diab, understand that Brookdale will provide me a sign on bonus in the total gross amount of $1,000,000.00. I acknowledge the sign on bonus will be subject to all applicable withholding taxes. The sign on Bonus will be paid to me within 30 days of my start date.
I agree that if I voluntarily terminate my employment or voluntarily withdraw from full-time status to part-time or as-needed status with Brookdale prior to the completion of twelve (12) months of employment, I will be required to reimburse Brookdale for the full amount that has been paid to me.
I further agree that this amount may be withheld from any pay that may be due to me subsequent to the notice of termination or status change, subject to state law. In the event that my pay due subject to the change in status is insufficient to cover the amount to be repaid, I agree that I will pay the amount within thirty (30) days of such status change.
I acknowledge that any disputes arising under this agreement will be resolved by binding arbitration in accordance with the Brookdale Dispute Resolution Agreement. In the event binding arbitration and/or other judicial proceeding becomes necessary to collect any amounts owed by me hereunder, I acknowledge that I will be responsible for Brookdale's reasonable attorney's fees and the costs of any such proceedings.
/s/Labeed Diab | 10/29/2015 |
Labeed Diab
Printed Name
Brookdale
Associate Relocation Assistance Terms
I, Labeed Diab, understand Brookdale will provide me with relocation assistance for my move to the Nashville, TN area. Brookdale will pay the following:
| · | Direct payment to the corporate vendor, Focus Relocation, for reasonable costs associated with the movement of my household goods including two automobiles. |
| · | Reasonable costs associated with the brokerage commission fees and closing costs regarding the sale of my home up to 9% of the selling price utilizing a realtor designated by Focus Relocation. |
| · | Reasonable costs associated with the brokerage commission fees and closing costs regarding the purchase of my home in the Nashville, TN area up to 3% of the purchase price utilizing a realtor designated by Focus Relocation. |
| · | Temporary housing including the storage of household goods for up to 12 months after the relocation date. If I purchase a home in the Nashville, TN area prior to my family re-locating, Brookdale will reimburse me for my monthly mortgage payment on my existing home, up to $3,500 per month, for the remainder of such 12-month period or until my family is re-located, whichever occurs earlier. |
I understand I am responsible for tracking and maintaining a record of deductible moving expenses and including these expenses on my personal state and federal tax returns.
I will consult with my tax advisor should I have questions relative to deductible moving expenses or reference IRS "Publication 521" for guidance. I understand that the IRS considers some relocation expenses to be taxed as ordinary income and that Brookdale will withhold taxes per IRS requirements.
I agree that if I voluntarily terminate my employment or voluntarily withdraw from full-time status with Brookdale prior to eighteen (18) months of my start date, I will be required to reimburse Brookdale within ten (10) days of termination or withdrawal for the full amount that has been paid to me.
I acknowledge that any disputes arising under this agreement will be resolved by binding arbitration in accordance with the Brookdale Dispute Resolution Agreement. In the event binding arbitration and/or other judicial proceeding becomes necessary to collect any amounts owed by me hereunder, I acknowledge that I will be responsible for Brookdale's reasonable attorney's fees and the costs of any such proceedings.
I also agree that any portion of the amount owed by me hereunder may be withheld from my paychecks.
/s/Labeed Diab | 10/29/2015 |
Labeed Diab
Print Name
