PNLF, INC.
EMPLOYMENT CONTRACT
THIS EMPLOYMENT CONTRACT made this 19th day of December, 1994, by and
between PNLF, INC., (hereinafter referred to as "Company" ) and Scott Sabo
(hereinafter referred to as "Employee").
RECITALS
WHEREAS, Company is a Washington corporation engaged in the business of
providing temporary labor to various business, and
WHEREAS, Employee desires to either be or continue as an employee of
Company.
NOW, THEREFORE, in consideration of the mutual covenants herein, it is
agreed as follows:
1. Company hereby employs Employee in the capacity of Regional
Director or such other capacity as Company shall direct; and Employee hereby
accepts such employment upon the terms and conditions hereinafter set forth.
2. Employee agrees during the working hours to devote his full and
undivided time, energy, knowledge, skill and ability exclusively to the
operation, transaction and development of Company's business to the exclusion
of all other business interests unless otherwise agreed to in writing.
Employee will conscientiously and diligently perform all required acts and
duties to the best of his ability and in the manner satisfactory to Company.
Employee will faithfully discharge all responsibilities and duties entrusted
to him.
3. Employee will perform his duties in a careful and workmanlike
manner. Employee agrees to abide by the rules of Company. Employee will so
conduct himself at all times so as to maintain and improve the credit,
reputation and interest of Company. Upon request, Employee agrees to submit
to a physical examination by a physician selected by Company.
4. Employee will truthfully make and maintain such reports as Company
may require. Employee will make available to Company any and all information
which will be of benefits to Company.
5. It is understood that Employee has no authority to impose any
obligation upon Company or to bind Company to the performance of any acts
whatsoever without the prior permission of Company.
6. In consideration of the services to be rendered by Employee,
Company shall pay Employee $_______ semi-monthly, plus commission, if
applicable, to be computed as follows:
______________________________________________________________________________
_____________________________________________________________________________.
This compensation may be altered and revised by Company without affecting the
remainder of the covenants contained herein, all of which shall remain in full
force and effect until termination as provided by this Employment Contract.
7. Employee hereby agrees and understands that commission, if
applicable, paid on Employee's sales are paid normally in advance of the
actual payment by the customer. In the event a customer does not pay its
invoice after ninety (90) days, then the commissions paid to Employee are
considered unearned and commissions paid will be deducted from Employee's next
commission check. Once the customer pays invoices that were charges back to
Employee, then they are considered earned and paid on Employee's next
commission check.
8. All funds in Employee's possession belonging to Company shall be
delivered or transmitted daily to Company's main or home office unless
Employee is otherwise directed in writing.
9. Employee recognizes that the services to be rendered by Employee
under this contract require special training, skills and experience and this
contract is entered into for the purpose of obtaining such services for
Company.
10. As the result of his duties, Employee will necessarily have
access to some or all of the confidential information pertaining to Company's
business. It is agreed that "Confidential Information" of Company includes:
(a) The ideas, methods, techniques, formats, specifications,
procedures, designs, systems, processes, data and software
products which are unique to Company;
(b) All customer, marketing, pricing, and financial information
pertaining to the business of Company;
(c) All operations, sales and training manuals;
(d) All other information now in existence or later developed
which is similar to the foregoing; and
(e) All information which is marked as confidential or explained
to be confidential or which, by it nature is confidential.
11. Employee understands that he will necessarily have access to
some or all of the Confidential Information. Employee recognizes the
importance of protecting the confidentiality and secrecy of the Confidential
Information and, therefore, agrees to use his best efforts to protect the
Confidential Information from unauthorized disclosure to other persons.
Employee understands that protecting the Confidential Information from
unauthorized disclosure is critically important to the success and competitive
advantage of Company and that the unauthorized disclosure of the Confidential
Information would greatly damage Company.
12. Employee agrees not to disclose any confidential Information to
others, use any Confidential Information for his own benefit or make copies of
any Confidential Information without the express written consent of the an
officer of Company. Employee further agrees that upon request of an officer
of Company, he shall immediately return all Confidential Information,
including any copies of Confidential Information in his possession.
13. If at any time Employee has reason to believe that any person,
whether employed by Company or otherwise, has received or disclosed or intends
to receive or disclose Confidential Information without the consent of
Company, he shall immediately notify an officer of Company.
14. It is understood and agreed that the nature of the methods
employed in Company's business is such that Employee will be placed in a close
business and personal relationship with the customers of Company. Thus,
during the terms of this Employment Contract and for a period of (1) one year
immediately following the termination of Employee's employment, for any cause
whatsoever, so long as Company continues to carry on the same business, said
Employee shall not, for any reason whatsoever, directly or indirectly, for
himself or on behalf of, or in conjunction with, any other person, persons,
company, partnership, corporation or business entity:
(a) Call upon, divert, influence, or solicit or attempt to
call, divert, influence or solicit any customer of Company;
(b) Divulge the names and addresses or any information
concerning any customer of Company;
(c) Own, manage, operate, control, be employed by,
participate in or be connected in any manner with the ownership,
management, operation or control of the same, similar, or related
line of business as that carries on now by Company within a radius
of ten (10) miles from Company's office at which Employee was last
employed; and
(d) Make any public statement or announcement, or permit
anyone else to make any public statement or announcement that
Employee was formerly employed by or connected with Company.
The time period covered by the covenants contained herein
shall not include any period(s) of violation of any covenant or
any period(s) of time required for litigation to enforce any
covenant. If the provisions set forth are determined to be too
broad to be enforceable at law, then the area and/or length of
time shall be reduced to such area and time and that shall be
enforceable.
15. The covenants set forth herein on the part of Employee shall be
construed as an agreement independent of any other provision in this
Employment Contract and the existence of any claim or cause of action of
Employee against Company, whether predicted on this Employment Contract or
otherwise, shall not constitute a defense to the enforcement by Company of the
covenants contained herein.
16. Employee acknowledges that irreparable damage will result to
Company in the event of the breach of any covenant contained herein and
Employee agrees that in the event of any such breach, Company shall be
entitled, in addition to any and all other legal or equitable remedies and
damages, to a temporary and/or permanent injunction to restrain the violation
thereof by Employee and all of the persons acting for or with Employee.
17. In the event of the termination of this Employment Contract,
Employee agrees to immediately deliver to Company all correspondence, letters,
manuals, contracts, call reports, price lists, mailing lists, customer lists,
advertising materials, ledgers, supplies, equipment, checks, petty cash, and
all other material and records of any kind that may be in the hands of
Employee.
18. Company reserves the right to assign this Employment Contract to
an affiliated Company or to any successor in interest to its business without
notice to Employee and all the terms and conditions of this Employment
Contract shall remain in full force and effect thereafter.
19. A waiver of any condition or term in the Employment Contract by
Company shall not be construed to have any effect on the remaining terms and
condition, nor shall any waiver be permanent or binding for the future.
20. This Employment Contract shall be governed and construed in
accordance with the laws of the State of Washington.
21. The parties agree that in the event it becomes necessary for
Company to seek judicial remedies for the breach or threatened breach of this
Employment Contract, Company shall be entitled to, in addition to all other
remedies, recover from Employee the costs of such judicial action including
reasonable attorneys' fees.
22. EMPLOYMENT WITH LABOR READY IS ON AN "AT WILL" BASIS. EMPLOYEE
MAY TERMINATE HIS OR HER EMPLOYMENT AND THIS EMPLOYMENT CONTRACT AT ANY TIME.
SIMILARLY, LABOR READY MAY TERMINATE THE EMPLOYMENT RELATIONSHIP AND THIS
EMPLOYMENT CONTRACT AT ANY TIME WHEN IN ITS SOLE DISCRETION IT BELIEVES
TERMINATION IS IN THE COMPANY'S BEST INTEREST. Neither this Employment
Contract nor any communication by a managerial representative is intended in
any way to promise employment for any specific period of time.
23. No promises or other communications made by either Employee or by
any representatives of Company are intended to be binding unless they are set
forth in this Employment Contract. his Employment Contract contains the
entire agreement between the parties and replaces and supersedes all prior
agreements. This Contract may not be changes, modified, released or otherwise
terminated except by an instrument in writing signed by an officer of Company.
This Contract shall be binding upon Employee's heirs, executors,
administrators and other legal representatives.,
24. Paragraphs 10 through 18 shall survive termination of the
remainder of this Employment Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Employment
Contract as of the day and month first set forth,
COMPANY: EMPLOYEE:
PNLF, INC.
By: Glenn Welstad ____________________________
Its: President J. Scott Sabo