The Bin Store

Employee Handbook

Revised Nov. 14, 2023 

1. Introduction 

1.1. Handbook Disclaimer:

The contents of this handbook serve only as guidelines and supersede any prior handbook. Neither this handbook nor any other policy or practice creates an employment contract or an implied or express promise of continued employment with the Company. Employment with The Bin Store is “AT-WILL.” This means employees or The Bin Store may terminate the employment relationship at any time, for any reason, with or without cause or advance notice. As an at-will employee, it is not guaranteed, in any manner, that you will be employed with The Bin Store for any set period of time.

This handbook may provide a summary of employee health benefits; however, actual coverage will be determined by the express terms of the benefit plan documents. If there are any conflicts between the handbook or summaries provided and the plan documents, the plan documents will be controlled. The Company reserves the right to amend, interpret, modify or terminate any of its employee benefits programs without prior notice to the extent allowed by law.

The Company also has the right, with or without notice, in an individual case or generally, to change any of the policies in this handbook or any of its guidelines, policies, practices, working conditions or benefits at any time. No one is authorized to provide any employee with an employment contract or special arrangement concerning terms or conditions of employment unless the contract or arrangement is in writing and signed by the president and the employee.

1.2. Welcome Message

Dear Valued Employee,

Welcome to The Bin Store! We are pleased with your decision to join our team.

The Bin Store is committed to providing superior quality and unparalleled customer service in all aspects of our business. We believe each employee contributes to the success and growth of our Company.

We are a liquidation & overstock store, and our ideal candidate is self-driven, motivated, and reliable. You can expect to be unloading inventory from trucks, helping restock, cleaning products and/or warehouse space, packaging shipments, cheerfully opening boxes for customers, and working as a cashier. At The Bin Store, we don’t just accept differences — we celebrate it, we support it, and we thrive on it for the benefit of our employees, our products, and our community. The Bin Store is proud to be an equal-opportunity workplace and is an affirmative action employer.

This employee handbook contains general information on our policies, practices, and benefits. Please read it carefully. If you have questions regarding the handbook, please discuss them with your supervisor or the HR Representative.

Welcome aboard. We look forward to working with you! 

Sincerely,

Michael & Jen Prendamano 

(Owners and President/CEO) 

1.3. Changes in Policy

Change at The Bin Store is inevitable. Therefore, we expressly reserve the right to interpret, modify, suspend, cancel, or dispute, with or without notice, all or any part of our policies, procedures, and benefits at any time with or without prior notice.

Changes will be effective on the dates determined by The Bin Store, and after those dates, all superseded policies will be null and void.

No individual supervisor or manager has the authority to alter the foregoing. Any employee who is unclear on any policy or procedure should consult a supervisor or the HR Representative.

2. General Employment

2.1. At-Will Employment

Employment with The Bin Store is “at-will.” This means employees are free to resign at any time, with or without cause, and The Bin Store may terminate the employment relationship at any time, with or without cause or advance notice. As an at-will employee, it is not guaranteed, in any manner, that you will be employed with The Bin Store for any set period of time.

The policies set forth in this employee handbook are the policies that are in effect at the time of publication. They may be amended, modified, or terminated at any time by The Bin Store, except for the policy on at-will employment, which may be modified only by a signed, written agreement between the President and the employee at issue. 

Nothing in this handbook may be construed as creating a promise of future benefits or a binding contract between The Bin Store and any of its employees.

2.2. Immigration Law Compliance 

The Bin Store is committed to employing only United States citizens and aliens who are authorized to work in the United States.

In compliance with the Immigration Reform and Control Act of 1986, as amended, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with The Bin Store within the past three years, or if their previous I-9 is no longer retained or valid.

The Bin Store may participate in the federal government’s electronic employment verification system, known as “E-Verify.” Pursuant to E-Verify, The Bin Store provides the Social Security Administration, and if necessary, the Department of Homeland Security with information from each new employee’s Form I-9 to confirm work authorization.

2.3. Equal Employment Opportunity

The Bin Store is an Equal Opportunity Employer. Employment opportunities at The Bin Store are based upon one’s qualifications and capabilities to perform the essential functions of a particular job. All employment opportunities are provided without regard to race, religion, sex (including sexual orientation and transgender status), pregnancy, childbirth or related medical conditions, national origin, age, veteran status, disability, genetic information, or any other characteristic protected by law.

This Equal Employment Opportunity policy governs all aspects of employment, including, but not limited to, recruitment, hiring, selection, job assignment, promotions, transfers, compensation, discipline, termination, layoff, access to benefits and training, and all other conditions and privileges of employment.

The Company will provide reasonable accommodations as necessary and where required by law so long as the accommodation does not pose an undue hardship on the business. The Company will also accommodate the sincerely held religious beliefs of its employees to the extent the accommodation does not pose an undue hardship on the business. If you would like to request an accommodation or have any questions about your rights and responsibilities, contact your HR Representative. This policy is not intended to afford employees any greater protections than those which exist under federal, state or local law.

The Bin Store strongly urges the reporting of all instances of discrimination and harassment and prohibits retaliation against any individual who reports discrimination, harassment, or participates in an investigation of such a report. The Bin Store will take appropriate disciplinary action, up to and including immediate termination, against any employee who violates this policy.

2.4. Employee Grievances

It is the policy of The Bin Store to maintain a harmonious workplace environment. The Bin Store encourages employees to express concerns about work-related issues, including workplace communication, interpersonal conflict, and other working conditions.

Employees are encouraged to raise concerns with their supervisors. If not resolved at this level, an employee may submit, in writing, a signed grievance to the HR Representative.

After receiving a written grievance, The Bin Store may hold a meeting with the employee, the immediate supervisor, and any other individuals who may assist in the investigation or resolution of the issue. All discussions related to the grievance will be limited to those involved with, and who can assist with, resolving the issue.

Complaints involving alleged discriminatory practices shall be processed in accordance with The Bin Store’s Sexual and other Unlawful Harassment Policy.

The Bin Store assures that all employees filing a grievance or complaint can do so without fear of retaliation or reprisal.

2.5. Internal Communication 

Effective and ongoing communication within The Bin Store is essential. As such, the Company maintains systems through which important information can be shared among employees and management.

Bulletin boards are posted in designated areas of the workplace to display important information and announcements. In addition, The Bin Store uses the Intranet and email to facilitate communication and share access to documents. For information on appropriate email and Internet usage, employees may refer to the Computer, Email, and Internet Usage policy. To avoid confusion, employees should not post or remove any material from the bulletin boards.

All employees are responsible for checking internal communications on a frequent and regular basis. Employees should consult their supervisor with any questions or concerns on information disseminated.

2.6. Outside Employment

Employees may hold outside jobs as long as the employee meets the performance standards of their position with The Bin Store.

Unless an alternative work schedule has been approved by The Bin Store, employees will be subject to the Company’s scheduling demands, regardless of any existing outside work assignments; this includes availability for overtime when necessary.

The Bin Store’s property, office space, equipment, materials, trade secrets, and any other confidential information may not be used for any purposes relating to outside employment.

2.7. Anti-Retaliation and Whistleblower Policy

This policy is designed to protect employees and address The Bin Store’s commitment to integrity and ethical behavior. In accordance with anti-retaliation and whistleblower protection regulations, The Bin Store will not tolerate any retaliation against an employee who:

Makes a good faith complaint, or threatens to make a good faith complaint, regarding the suspected Company or employee violations of the law, including discriminatory or other unfair employment practices;

Makes a good faith complaint, or threatens to make a good faith complaint, regarding accounting, internal accounting controls, or auditing matters that may lead to incorrect or misrepresentations in, financial accounting;

Makes a good faith report, or threatens to make a good faith report, of a violation that endangers the health or safety of an employee, patient, client or customer, environment, or the general public;

Objects to or refuses to participate in any activity, policy or practice which the employee reasonably believes is a violation of the law;

Provides information to assist in an investigation regarding violations of the law; or

Files testifies, participates or assists in a proceeding, action or hearing in relation to alleged violations of the law.

Retaliation is defined as any adverse employment action against an employee, including, but not limited to, refusal to hire, failure to promote, demotion, suspension, harassment, denial of training opportunities, termination, or discrimination in any manner in the terms and conditions of employment.

Anyone found to have engaged in retaliation or in violation of law, policy or practice will be subject to discipline, up to and including termination of employment.

Employees who knowingly make a false report of a violation will be subject to disciplinary action, up to and including termination.

Employees who wish to report a violation should contact their supervisor or Jennifer Prendamano directly. Employees should also review their state and local requirements for any additional reporting guidelines.

The Bin Store will promptly and thoroughly investigate and, if necessary, address any reported violation.

Employees who have any questions or concerns regarding this policy and related reporting requirements should contact their supervisor, the HR Representative or any state or local agency responsible for investigating alleged violations.

2.8. Equal Employment Opportunity (South Carolina Employees )

The Bin Store is an Equal Opportunity Employer. Employment opportunities at The Bin Store are based upon one’s qualifications and capabilities to perform the essential functions of a particular job. All employment opportunities are provided without regard to:

Race Color Religion

Sex (including childbirth, pregnancy, lactation, or related medical conditions) 

National origin

Age

Disability

Any other characteristic protected by law

This Equal Employment Opportunity policy governs all aspects of employment, including, but not limited to, recruitment, hiring, selection, job assignment, promotions, transfers, compensation, discipline, termination, layoff, access to benefits and training, and all other conditions and privileges of employment.

The Bin Store strongly urges the reporting of all instances of discrimination and harassment and prohibits retaliation against any individual who reports discrimination, harassment, or participates in an investigation of such report. The Bin Store will take appropriate disciplinary action, up to and including immediate termination, against any employee who violates this policy.

3. Employment Status & Recordkeeping

3.1  1 Employment Classifications 

For purposes of salary administration and eligibility for overtime payments and employee benefits, The Bin Store classifies employees as either exempt or non- exempt. Non-exempt employees are entitled to overtime pay in accordance with federal and state overtime provisions. Exempt employees are exempt from federal and state overtime laws and, but for a few narrow exceptions, are generally paid a fixed amount of pay for each workweek in which work is performed.

If you change positions during your employment with The Bin Store or if your job responsibilities change, you will be informed by the HR Representative of any change in your exempt status.

In addition to your designation of either exempt or non-exempt, you also belong to one of the following employment categories:

Full-Time:

Full-time employees are regularly scheduled to work greater or equal to 40 hours per week. Generally, regular full-time employees are eligible for The Bin Store’s benefits, subject to the terms, conditions, and limitations of each benefit program.

Part-Time:

Part-time employees are regularly scheduled to work less than 40 hours per week. Regular part-time employees may be eligible for some The Bin Store benefit programs, subject to the terms, conditions, and limitations of each benefit program.

Temporary:

Temporary employees include those hired for a limited time to assist in a specific function or in the completion of a specific project. Temporary employees generally are not entitled to [The Bin Store benefits, but are eligible for statutory benefits to the extent required by law. Employment beyond any initially stated period does not in any way imply a change in employment status or classification. Temporary employees retain temporary status unless and until they are notified, by The Bin Store Management, of a change.

3. Employment Status & Record-keeping

3.1. Employment Classifications 

For purposes of salary administration and eligibility for overtime payments and employee benefits, The Bin Store classifies employees as either exempt or non- exempt. Non-exempt employees are entitled to overtime pay in accordance with federal and state overtime provisions. Exempt employees are exempt from federal and state overtime laws and, but for a few narrow exceptions, are generally paid a fixed amount of pay for each workweek in which work is performed.

If you change positions during your employment with The Bin Store or if your job responsibilities change, you will be informed by the HR Representative of any change in your exempt status.

In addition to your designation of either exempt or non-exempt, you also belong to one of the following employment categories:

Full-Time:

Full-time employees are regularly scheduled to work greater or equal to 40 hours per week. Generally, regular full-time employees are eligible for The Bin Store’s benefits, subject to the terms, conditions, and limitations of each benefit program.

Part-Time:

Part-time employees are regularly scheduled to work less than 40 hours per week. Regular part-time employees may be eligible for some The Bin Store benefit programs, subject to the terms, conditions, and limitations of each benefit program.

Temporary:

Temporary employees include those hired for a limited time to assist in a specific function or in the completion of a specific project. Temporary employees generally are not entitled to The Bin Store benefits, but are eligible for statutory benefits to the extent required by law. Employment beyond any initially stated period does not in any way imply a change in employment status or classification. Temporary employees retain temporary status unless and until they are notified, by The Bin Store Management, of a change.

3.2. Personnel Data Changes

It is the responsibility of each employee to promptly notify their supervisor or the HR Representative of any changes in personnel data. Such changes may affect your eligibility for benefits, the amount you pay for benefit premiums, and your receipt of important company information.

If any of the following have changed or will change in the coming future, contact your supervisor or the HR Representative as soon as possible:

Legal name 

Mailing address

Telephone number(s) 

Change of beneficiary

Exemptions on your tax forms 

Emergency contact(s) 

Training certificates

Professional licenses

3.3. Expense Reimbursement

The Bin Store reimburses employees for necessary expenditures and reasonable costs incurred in the course of doing their jobs. Expenses incurred by an employee must be approved in advance by the HR Representative.

Some expenses that may warrant reimbursement include, but are not limited, to the following: mileage costs, air or ground transportation costs, lodging, meals for the purpose of carrying out company business, and any other reimbursable expenses as required by law. 

Employees are expected to make a reasonable effort to limit business expenses to economical options.

To be reimbursed, employees must submit expense reports to the HR Representative for approval. The report must be accompanied by receipts or other documentation substantiating the expenses. 

Questions regarding this policy should be directed to your supervisor.

3.4. Termination of Employment

Termination of employment is an inevitable part of personnel activity within any organization.

Notice of Voluntary Separation

Employees who intend to terminate employment with The Bin Store shall provide The Bin Store with at least two weeks written notice. Such notice is intended to allow the Company time to adjust to the employee’s departure without placing undue burden on those employees who may be required to fill in before a replacement can be found.

Return of Company Property

Any employee who terminates employment with The Bin Store shall return all files, records, keys, shirts, and any other materials that are the property of The Bin Store prior to their last date of employment. If an employee voluntarily or involuntarily leaves prior to 90 days, a $20 deduction per t-shirt and $30 per hoodie will be deducted.

Final Pay

The Bin Store will provide employees with their final pay in accordance with applicable federal, state, and local laws. A final paycheck will be provided in paper form at the time of returning all items and signing exit paperwork by the individual with the Manager or Owner.  Any uniform deductions for employment less than 90 days will be deducted from this paycheck.

Benefits Upon Termination

All accrued and/or vested benefits that are due and payable at termination will be paid in accordance with applicable federal, state and local laws.

Certain benefits, such as healthcare coverage, may continue at the employee’s expense, if the employee elects to do so. The Bin Store will notify employees of the benefits that may be continued and of the terms, conditions, and limitations of such continuation.

If you have any questions or concerns regarding this policy, contact The Bin Store’s HR Representative.

4. Working Conditions & Hours

4.1. Company Hours 

The Bin Store is open for business on:

Monday 10:00 AM to 06:00 PM

Tuesday 10:00 AM to 06:00 PM

Wednesday 10:00 AM to 06:00 PM

Thursday 10:00 AM to 02:00 PM

Friday 09:00 AM to 05:00 PM

Saturday 10:00 AM to 06:00 PM

Sunday 10:00 AM to 06:00 PM

This excludes holidays recognized by The Bin Store. The standard workweek is 40 hours.

Supervisors will advise employees of their scheduled shifts, including starting and ending times. Business needs may necessitate a variation in your starting and ending times as well as in the total hours you may be scheduled to work each day and each week.

4.2. Emergency Closing

At times, emergencies such as severe weather, fires, or power failures can disrupt company operations. In extreme cases, these circumstances may require the closing of a work facility. The decision to close or delay regular operations will be made by The Bin Store management.

When a decision is made to close, employees will receive an official notification from The Bin Store.

Note: In a declared state of emergency that prohibits travel, employees shouldn’t report to work.

Pay:

Exempt Employees:

If The Bin Store closes due to an emergency, employees who are classified as exempt from overtime will receive their full salary, provided they have worked any part of the workweek.

Non-Exempt Employees:

If The Bin Store closes due to an emergency, employees who are classified as non- exempt from overtime won’t be paid, unless state or local law requires such pay or they have paid leave available and elect to use it for the missed work hours.

Note: If a non-exempt employee is already working when the decision to close is made, the employee will be paid for all hours actually worked and any additional hours that may be required under state and local laws, if applicable. If a non-exempt employee arrives at work and is asked to wait while a decision to close is made, they will receive pay for the time they spent waiting.

If you have questions about emergency closing or pay, please contact the HR Representative.

4.3. Parking 

The Bin Store provides parking for employees in the building parking lot. There should be ample space for all employees. Employees may only park in open spaces or those designated for use by The Bin Store. Vehicles parked in spaces designated for private use will be towed at the owner’s expense.

4.4. Workplace Safety 

The Bin Store is committed to providing its employees a clean, safe, and healthful work environment. Maintaining a safe work environment, however, requires the continuous cooperation of all employees. The Bin Store and all employees must comply with all occupational safety and health standards and regulations established by the Occupational Safety and Health Act and state and local regulations. In addition, all employees are expected to obey safety rules and exercise caution and common sense in all work activities.

Complaint and Reporting Procedure:

Employees should immediately report any unsafe conditions to their supervisor without fear of reprisal. In the case of an accident that results in injury, regardless of how seemingly insignificant the injury may appear, employees must notify their supervisor. If you believe it would be inappropriate to report the matter to your supervisor, you can report it directly to:

Jennifer Prendamano

401 W MARTINTOWN RD, STE 117

(803) 422-0935

Employees who violate safety standards, cause hazardous or dangerous situations, or fail to report or, where appropriate, remedy such situations may be subject to disciplinary action, up to and including termination of employment.

Retaliation Prohibited:

The Bin Store prohibits retaliation against anyone who reports unsafe working conditions or work-related accidents, injuries or illnesses. Any form of retaliation will be subject to disciplinary action, up to and including termination of employment.

Questions or concerns regarding this policy should be directed to your supervisor or the HR Representative.

4.5. Security

The purpose of The Bin Store’s security policy is to protect Company assets and to maintain a safe working environment for all employees.

Facility Access :

Employees who are issued keys are responsible for their safekeeping. All lost or stolen keys must be reported to your supervisor as soon as possible.

Upon separation from The Bin Store, and at any other time upon The Bin Store’s request, all keys must be returned to your supervisor.

Closing Procedures :

The last employee, or a designated employee, who leaves the office at the end of the business day assumes the responsibility to ensure that: all doors are securely locked; the alarm system is armed; thermostats are set on appropriate evening and/or weekend setting; and all appliances and lights are turned off with the exception of the lights normally left on for security purposes.

Employees are not permitted on company property after hours without prior written authorization from the HR Representative and Management. 

4.6. Meal & Break Periods

Non-exempt employees will be provided with meal and break periods in accordance with applicable federal, state, and local rules. Break periods of less than 20 minutes will be paid. Break periods lasting longer than 20 minutes will generally be unpaid.

Non-exempt employees must be fully relieved of their job responsibilities and are not permitted to work during unpaid break and meal periods of more than 20 minutes. If for any reason a non-exempt employee does not take the applicable meal and rest period that they are provided, the employee must notify his or her supervisor immediately.

The Bin Store will schedule meal and break periods in order to accommodate Company operating requirements.

4.7. Break Time for Nursing Mothers

The Bin Store accommodates employees who wish to express breast milk during the workday by providing reasonable break times to do so. The Company will provide a designated room, other than a bathroom, that is shielded from view, free from intrusion from coworkers and the public, and is in compliance with all other applicable laws for this purpose.

Employees who use regularly scheduled rest breaks to express breast milk will be paid for the break time. If the lactation break does not run concurrently with the employee’s regularly scheduled compensated break, the lactation break time will be unpaid.5. Employee Benefits

5.1. Military Leave 

The Bin Store grants employees unpaid time off for service, training, and other obligations in the uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and any other applicable state law.

All employees requesting time off for military service must provide advance notice to their immediate supervisor, unless military necessity prevents such notice or it is otherwise impracticable. 

Continuation of health insurance benefits is available during military leave subject to the terms and conditions of the group health plan and applicable law.

Employees are eligible for reemployment for up to five years from the date their military leave began. The period an individual has to apply for reemployment or report back to work after military service is based on time spent on military duty and on applicable law. For reinstatement guidelines, contact the HR Representative.

Employees who qualify for reemployment will return to work at a pay level and status equal to that which they would have attained had they not taken military leave. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service.

The Bin Store complies with all rights and protections under all applicable state laws granting time off for service, training and other obligations in the uniformed services. This includes, but is not limited to, benefits entitlement and continuation, notice and recertification requirements, and reemployment application requirements.

Questions regarding this policy should be directed to the HR Representative.

5.2. Jury Duty 

The Bin Store encourages employees to fulfill their civic responsibilities when called upon to serve as a juror. Employees must provide their immediate supervisor with a copy of their jury summons as soon as possible so that the supervisor may make arrangements to accommodate their absence.

Employees on jury duty must report to work on workdays, or parts of workdays, when they are not required to serve. Either The Bin Store or the employee may request an excuse from jury duty if it is determined that the employee’s absence would create serious operational difficulties.

Jury duty will be paid if required by applicable state law. If paid, jury duty pay will be calculated on the employee’s base pay rate times the number of hours the employee would otherwise have worked on the day of absence. If exempt employees miss work because of jury duty, they will receive their full salary unless they miss the entire workweek. However, The Bin Store may offset any jury-duty fees received by an exempt employee against the salary due for that workweek.

5.3. Workers’ Compensation

Employees who are injured on the job at The Bin Store are eligible for Workers’ Compensation benefits. Such benefits are provided at no cost to employees and cover any injury or illness sustained in the course of employment that requires medical treatment.

Lost time or medical expenses incurred as a result of an accident or injury which occurred while an employee was on the job will be compensated for in accordance with workers’ compensation laws. This protection is paid for in full by The Bin Store. No premium is charged for this coverage and no individual enrollment is required. The Bin Store will provide medical care and a portion of lost wages through our insurance carrier.

All job-related accidents or illnesses must be reported to an employee’s supervisor immediately upon occurrence. Supervisors will then immediately contact the HR Representative to obtain the required claim forms and instructions.

5.4. Pregnancy Accommodation Policy (South Carolina Employees) 

Employees who are limited in their abilities to perform their jobs because of pregnancy, childbirth, or pregnancy-related health conditions may request a reasonable accommodation as is necessary.

Where appropriate, The Bin Store will provide eligible employees with reasonable accommodations in order to perform the essential functions of the job. Reasonable accommodations may include, but are not limited to:

• More frequent or longer breaks, including restroom breaks
• Providing private non-bathroom space for expressing breast milk
• Providing seating or allowing an employee to sit more frequently if the job requires standing
• Acquisition or modification of equipment, devices, or workstation
• Job restructuring, or light duty, if available
• Temporary transfer to a less strenuous or hazardous position, if qualified
• Modified food or drink policies
• Assistance with manual labor and lifting limitations
• Modified work schedules

Depending on the nature of the accommodation requested, employees should be prepared to verify the need for the accommodation requested.

If an employee takes leave as an accommodation, the leave is unpaid; however, employees may use accrued paid time off for this purpose. To the extent allowed by law, leave taken under this policy runs concurrently with leave provided under other relevant laws. Upon expiration of leave taken under this policy, an employee will generally be reinstated to their position with equivalent seniority, benefits, pay and other terms and conditions of employment.

The Company will not retaliate against an employee who requests, declines, or uses a reasonable accommodation under this policy. Employees should speak with the HR Representative to discuss their need for a reasonable accommodation or for questions regarding this policy.

6. Employee Conduct

6.1. Standards of Conduct

The Bin Store’s rules and standards of conduct are essential to a productive work environment. As such, employees must familiarize themselves with, and be prepared to follow the Company’s rules and standards.

While not intended to be an all-inclusive list, the examples below represent behavior that is considered unacceptable in the workplace. Behaviors such as these, as well as other forms of misconduct, may result in disciplinary action, up to and including termination of employment:

• Theft or inappropriate removal/possession of property
• Falsification of timekeeping records
• Possession, distribution, sale, transfer, manufacture or use of alcohol or illegal drugs in the workplace
• Fighting or threatening violence in the workplace 
• Making maliciously false statements about co-workers
• Threatening, intimidating, coercing, or otherwise interfering with the job performance of fellow employees or visitors
• Negligence or improper conduct leading to damage of company-owned or customer-owned property
• Violation of safety or health rules 
• Smoking in the workplace
• Sexual or other unlawful or unwelcome harassment 
• Excessive absenteeism
• Unauthorized use of telephones, computers, or other company-owned equipment on working time. Working time does not include break periods, meal times, or other specified periods during the workday when employees are not engaged in performing their work tasks.
• Unauthorized disclosure of any “business secrets” or other confidential or non-public proprietary information relating to the Company’s products, services, customers or processes.
• Wages and other conditions of employment are not considered to be confidential information.

This policy is not intended to restrict an employee’s right to discuss, or act together to improve, wages, benefits, and/or working conditions with co-workers or in any way restrict employees’ rights under the National Labor Relations Act.

Other forms of misconduct not listed above may also result in disciplinary action, including termination of employment. 

If you have questions regarding The Bin Store’s standards of conduct, please direct them to your supervisor or the HR Representative.

6.2. Disciplinary Action 

Disciplinary action at The Bin Store is intended to fairly and impartially correct behavior and performance problems early on and to prevent reoccurrence.

Disciplinary action may involve any of the following: verbal warning, written warning, suspension with or without pay, and termination of employment, depending on the severity of the problem and the frequency of occurrence. The Bin Store reserves the right to administer disciplinary action at its discretion and based upon the circumstances.

The Bin Store recognizes that certain types of employee behavior is serious enough to justify termination of employment without observing other disciplinary action first.

These violations include but are not limited to:

• Workplace violence 
• Harassment
• Theft of any kind
• Insubordinate behavior
• Vandalism or destruction of company property
• Presence on company property during non-business hours
• Use of company equipment and/or company vehicles without prior authorization
• Indiscretion regarding personal work history, skills, or training
• Divulging The Bin Store business practices or any other confidential information
• Any misrepresentation of The Bin Store to a customer, a prospective customer, the general public, or an employee

6.3. Confidentiality

The Bin Store takes the protection of Confidential Information very seriously. “Confidential Information” includes, but is not limited to, computer processes, computer programs and codes, customer lists, customer preferences, customers’ personal information, company financial data, marketing strategies, proprietary production processes, research and development strategies, pricing information, business and marketing plans, vendor information, software, databases, and information concerning the creation, acquisition or disposition of products and services.

Confidential Information also includes the Company’s intellectual property and information that is not otherwise public. Intellectual property includes, but is not limited to, trade secrets, ideas, discoveries, writings, trademarks, and inventions developed through the course of your employment with The Bin Store and as a direct result of your job responsibilities with The Bin Store. Wages and other conditions of employment are not considered to be Confidential Information.

To protect such information, employees may not disclose any confidential or non-public proprietary information about the Company to any unauthorized individual. If you receive a request for Confidential Information, you should immediately refer the request to your supervisor.

The unauthorized disclosure of Confidential Information belonging to the Company, and not otherwise available to persons or companies outside of The Bin Store, may result in disciplinary action, up to and including termination of employment. If you leave the Company, you may not disclose or misuse any Confidential Information.

This policy is not intended to restrict an employee’s right to discuss, or act together to improve, wages, benefits and working conditions with co-workers or in any way restrict employees’ rights under the National Labor Relations Act.

6.4. Personal Appearance

The purpose of The Bin Store’s personal appearance policy is to ensure a safe and sanitary workplace for all employees. The Bin Store strives to maintain a professional working environment that promotes efficiency, positive employee morale, and promotes a professional image. During business hours or when representing The Bin Store, employees are expected to use common sense and good judgment in order to meet the goals of this policy.

Generally, employees should wear appropriate clothing, observe high standards of personal hygiene, and dress and groom themselves according to the requirements of their positions. 

While not intended to be an all-inclusive list, the examples below are considered appropriate workplace attire:

Appropriate pants or shorts, comfortable shoes, and a The Bin Store shirt. A plain, black open zipper hoodie or jacket is allowed as well.

Dress Code Policy

Clothing: All clothing should be clean and not show excessive wear. Attire should be appropriate to your role or the business situation.

Accessories: Accessories should be professional and modest.

Footwear: Footwear should be close-toed, clean, neat, in good condition, and appropriate for your role or the business situation.

Grooming: Personal hygiene and grooming must be maintained at an appropriate level to ensure a professional environment.

Body Art and Piercings

Piercings: Visible body piercings, excluding traditional earlobe earrings, are not permitted. This includes nose rings, eyebrow rings, lip rings, and tongue studs.

Employees failing to adhere to this policy may be subject to disciplinary action, up to and including termination. If you are unsure about any aspect of the Dress Code Policy, please consult with your manager or Human Resources.

Exceptions

Requests for reasonable accommodations based on religious beliefs, ethnic customs, or medical conditions should be submitted to the Human Resources department. All such requests will be handled with respect and may necessitate adjustments to this policy.

 

Please note that this policy may be updated or changed at any time. The most recent version will be available through the Human Resources department.

Generally, employees should maintain a clean and neat appearance and should refrain from wearing stained, wrinkled, frayed, or revealing clothing to the workplace. Employees are urged to use their discretion when determining what is appropriate to wear to work. Employees who wear inappropriate attire to work may be sent home to change their clothing.

The Bin Store understands that in certain situations, the Company may need to make exceptions to this policy based on an employee’s religion, disability, or other characteristic protected under federal, state or local law. In accordance with all applicable laws, the Company will make every effort to provide reasonable accommodation as necessary unless doing so would cause an undue hardship on The Bin Store.

Questions regarding appropriate workplace attire should be directed to your supervisor or the HR Representative.

6.5. Workplace Violence 

The Bin Store strictly prohibits workplace violence, including any act of intimidation, threat, harassment, physical violence, verbal abuse, aggression or coercion against a coworker, vendor, customer, or visitor.

Prohibited actions include, but are not limited to, the following examples:

• Physically injuring another person
• Threatening to injure another person
• Engaging in behavior that subjects another person to emotional distress
• Using obscene, abusive, or threatening language or gestures
• Bringing an unauthorized firearm or other weapons onto company property
• Threatening to use or using a weapon while on company premises, on company-related business, or during job-related functions
• Intentionally damaging property

All threats or acts of violence should be reported immediately to your supervisor or security personnel. Employees should warn their supervisors or security personnel of any suspicious workplace activity that they observe or that appears problematic.

Employee reports made pursuant to this policy will be investigated promptly and will be kept confidential to the maximum extent possible. The Bin Store will not tolerate any form of retaliation against any employee for making a report under this policy.

The Bin Store will take prompt remedial action, up to and including immediate termination, against any employee found to have engaged in threatening behavior or acts of violence.

6.6. Drug & Alcohol Use

The Bin Store is committed to maintaining a workplace free of substance abuse. No employee or individual who performs work for The Bin Store is allowed to consume, possess, sell, purchase, or be impaired by alcohol or illegal drugs, as defined under federal and/or state law, on any property owned by or leased on behalf of The Bin Store, or in any vehicle owned or leased on behalf of The Bin Store or while on Company business.

The use of over-the-counter drugs and legally prescribed drugs is permitted as long as they are used in the manner for which they were prescribed and provided that such use does not hinder an employee’s ability to safely perform their job.

Employees should inform their supervisor if they believe their medication will impair their job performance, safety or the safety of others, or if they believe they need a reasonable accommodation when using such medication.

The Bin Store will not tolerate employees who report for duty while impaired by the use of alcohol or drugs. All employees should report evidence of alcohol or drug abuse to their supervisor or the HR Representative immediately. In cases in which the use of alcohol or drugs creates an imminent threat to the safety of persons or property, employees are required to report the violation. Failure to do so may result in disciplinary action, up to and including termination of employment.

As a part of our effort to maintain a workplace free of substance abuse, The Bin Store employees may be asked to submit to a medical examination and/or clinical testing for the presence of alcohol and/or drugs. Within the limits of federal, state, and local laws, The Bin Store reserves the right to examine and test for drugs and alcohol at our discretion.

As a condition of your employment with The Bin Store, employees must comply with this Drug & Alcohol Use Policy. Be advised that no part of the Drug & Alcohol Use Policy shall be construed to alter or amend the at-will employment relationship between The Bin Store and its employees.

Employees found in violation of this policy may be subject to disciplinary action, up to and including termination of employment.

6.7. Sexual & Other Unlawful Harassment 

The Bin Store is committed to a work environment in which all individuals are treated with respect. The Bin Store expressly prohibits discrimination and all forms of employee harassment based on race, color, religion, sex, pregnancy, national origin, age, disability, military or veteran status, or status in any group protected by state or local law.

Sexual harassment is a form of discrimination and is prohibited by law. For purposes of this policy sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual’s

employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. Unwelcome sexual advances (either verbal or physical), requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of employment; (2) submission or rejection of the conduct is used as a basis for making employment decisions; or, (3) the conduct has the purpose or effect of interfering with work performance or creating an intimidating, hostile, or offensive work environment.

Sexual and unlawful harassment may include a range of behaviors and may involve individuals of the same or different gender. These behaviors include, but are not limited to:

• Unwanted sexual advances or requests for sexual favors.
• Sexual or derogatory jokes, comments, or innuendo 
• Unwelcomed physical interaction
• Insulting or obscene comments or gestures 
• Offensive email, voicemail, or text messages
• Suggestive or sexually explicit posters, calendars, photographs, graffiti, or cartoons
• Making or threatening reprisals after a negative response to sexual advances
• Visual conduct that includes leering, making sexual gestures, or displaying of sexually suggestive objects or pictures, cartoons or posters
• Verbal sexual advances or propositions
• Physical conduct that includes touching, assaulting, or impeding or blocking movements
• Abusive or malicious conduct that a reasonable person would find hostile, offensive, and unrelated to the Company’s legitimate business interests
• Any other visual, verbal, or physical conduct or behavior deemed inappropriate by the Company
• Harassment on the basis of any other protected characteristic is also strictly prohibited.

Complaint Procedure:

The Bin Store strongly encourages the reporting of all instances of discrimination, harassment, or retaliation. If you believe you have experienced or witnessed harassment or discrimination based on sex, race, national origin, disability, or another factor, promptly report the incident to your supervisor. If you believe it would be inappropriate to discuss the matter with your supervisor, you may bypass your supervisor and report it directly to:

Jennifer Prendamano

401 W MARTINTOWN RD, STE 117

(803) 422-0935

Any reported allegations of harassment or discrimination will be investigated promptly, thoroughly, and impartially.

Any employee found to be engaged in any form of sexual or other unlawful harassment may be subject to disciplinary action, up to and including termination of employment.

Retaliation Prohibited:

The Bin Store expressly prohibits retaliation against any individual who reports discrimination or harassment, or assists in investigating such charges. Any form of retaliation is considered a direct violation of this policy and, like discrimination or harassment itself, will be subject to disciplinary action, up to and including termination of employment.

6.8. Telephone Usage

The Bin Store telephones are intended for the sole use of conducting company business. Personal use of the Company’s telephones and individually owned cell phones during business hours should be kept to a minimum or for emergency purposes only. We ask that personal calls only be made or received outside of working hours, including during lunch or break time. Long distance phone calls which are not strictly business-related are expressly prohibited.

Any employee found in violation of this policy will be subject to disciplinary action, up to and including termination of employment.

6.9. Personal Property 

Employees should use their discretion when bringing personal property into the workplace. The Bin Store assumes no risk for any loss or damage to personal property.

Additionally, employees may not possess or display any property that may be viewed as inappropriate or offensive on The Bin Store premises.

6.10. Use of Company Property

Company property refers to anything owned by the company: physical, electronic, intellectual, or otherwise. The use of company property is for business necessity only.

When materials or equipment are assigned to an employee for business, it is the employee’s responsibility to see that the equipment is used properly and cared for properly. However, at all times, equipment assigned to the employee remains the property of the Company, and is subject to reassignment and/or use by the

Company without prior notice or approval of the employee. This includes, but is not limited to, computer equipment and data stored thereon, voicemail, records, and employee files.

The Bin Store has created specific guidelines regarding the use of company equipment. Below is a list of employee responsibilities and limitations with regards to company property.

Personal use of company property:

Company property is not permitted to be taken from the premises without proper written authorization from company management.

Company Tools:

All necessary tools are furnished to employees in order to assist them in their required duties. Each employee is, in turn, responsible for these tools. Tools damaged or stolen as a result of an employee’s negligence will, to the extent permitted by federal, state and local law, be charged to the employee.

Care of Company Property:

Office areas should be kept neat and orderly and all equipment should be well-maintained. The theft, misappropriation, or unauthorized removal, possession, or use of company property or equipment is expressly prohibited.

Any action in contradiction to the guidelines set herein may result in disciplinary action, up to and including termination of employment.

6.11. Smoking

The Bin Store provides a smoke-free environment for its employees, customers, and visitors. Smoking, including the use of e-cigarettes and vaporizers, is prohibited throughout the workplace. We have adopted this policy because we have a sincere interest in the health of our employees and in maintaining pleasant working conditions.

6.12. Visitors in the Workplace

To ensure the safety and security of The Bin Store and its employees, only authorized visitors are permitted on Company premises and in Company facilities.

All visitors must enter through the front door and be greeted by the department Manager. All visitors are also required to wear a “visitor” badge while on The Bin Store premises. Authorized visitors will be escorted to their destination and must be accompanied by a representative of the Company at all times.

6.13. Computer, Email & Internet Usage 

Computers, email, and the Internet allow The Bin Store employees to be more productive. However, it is important that all employees use good business judgment when using The Bin Store’s electronic communications systems (ECS). Standards of Conduct and ECS

The Bin Store strives to maintain a workplace free of discrimination and harassment. Therefore, The Bin Store prohibits the use of the Company’s ECS for bullying, harassing, discriminating, or engaging in other unlawful misconduct, in violation of the Company’s policy against discrimination and harassment.

Copyright and other Intellectual Property

Respect all copyright and other intellectual property laws. For the Company’s protection as well as your own, it is critical that you show proper respect for the laws governing copyright, fair use of copyrighted material owned by others, trademarks and other intellectual property, including the Company’s own copyrights, trademarks and brands. Employees are also responsible for ensuring that, when sending any material over the Internet, they have the appropriate distribution rights.

The Bin Store purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, The Bin Store does not have the right to reproduce such software for use on more than one computer. Employees may only use software according to the software license agreement.

The Bin Store prohibits the illegal duplication of software and its related documentation.

ECS Guidelines

The following behaviors are examples of previously stated or additional actions and activities under this policy that are prohibited:

• Sending or posting discriminatory, harassing, or threatening messages or images about coworkers, supervisors or the Company that violate the Company’s policy against discrimination and harassment.
• Stealing, using, or disclosing someone else’s code or password without authorization.
• Pirating or downloading Company-owned software without permission.
• Sending or posting the Company’s confidential material, trade secrets, or non-public proprietary information outside of the Company. Wages and other conditions of employment are not considered confidential material.
• Violating copyright laws and failing to observe licensing agreements.
• Participating in the viewing or exchange of pornography or obscene materials.
• Sending or posting messages that threaten, intimidate, coerce, or otherwise interfere with the job performance of fellow employees.
• Attempting to break into the computer system of another organization or person.
• Refusing to cooperate with a security investigation. 
• Using the Internet for gambling or any illegal activities.
• Sending or posting messages that disparage another organization’s products or services.
• Passing off personal views as representing those of The Bin Store.

Privacy and Monitoring

Computer hardware, software, email, Internet connections, and all other computer, data storage or ECS provided by The Bin Store are the property of The Bin Store.

Employees have no right of personal privacy when using The Bin Store’s ECS. To ensure productivity of employees, compliance with this policy and with all applicable laws, including harassment and anti-discrimination laws, computer, email and Internet usage may be monitored.

This policy is not intended to restrict an employee’s right to discuss, or act together to improve, wages, benefits and working conditions with co-workers or in any way restrict employees’ rights under the National Labor Relations Act.

Violations of this policy may result in disciplinary action, up to and including termination of employment. Questions or concerns related this policy should be directed to your supervisor or the HR Representative.

6.14. Company Supplies 

Only authorized persons may purchase supplies in the name of The Bin Store. No employee whose regular duties do not include purchasing shall incur any expense on behalf of The Bin Store or bind The Bin Store by any promise or representation without express written approval.

7. Timekeeping & Payroll

7.1. Attendance & Punctuality 

Absenteeism and tardiness place an undue burden on other employees and on the Company. The Bin Store expects regular attendance and punctuality from all employees. This means being in the workplace, ready to work, at your scheduled start time each day and completing your entire shift. Employees are also expected to return from scheduled meal and break periods on time.

All time off must be requested in writing, in advance, as outlined in the Company’s time-off policy. If an employee is unexpectedly unable to report for work for any reason, they must directly notify their supervisor as early as possible, and preferably prior to their scheduled starting time. It is not acceptable to leave a voicemail, text, or email message with a supervisor, except in extreme emergencies. In cases that warrant leaving a voicemail, text, or email message or when an employee’s direct supervisor is unavailable, a follow-up call must be made later that day.

If an illness or emergency occurs during work hours, employees should notify their supervisor as soon as possible.

Employees, who are going to be absent for more than one day, should contact their supervisor on each day of their absence. 

The Bin Store reserves the right to ask for a physician’s statement in the event of a long-term illness (three consecutive days), or multiple illnesses or injuries.

If an employee fails to notify their supervisor after three consecutive days of absence, The Bin Store will presume that the employee has voluntarily resigned. The Bin Store will review any extenuating circumstances that may have prevented the employee from calling in before they are removed from payroll.

Should undue or recurrent absence and tardiness become apparent, the employee will be subject to disciplinary action, up to and including termination of employment.

This policy is not intended to restrict an employee’s right to discuss, or act together to improve, wages, benefits and working conditions with co-workers or in any way restrict employees’ rights under the National Labor Relations Act.

Certain absences may be protected by federal, state, and/or local law. If you have questions about this policy or your entitlement to time off, contact the HR Representative.

7.2. Timekeeping

It is the Company’s policy to comply with applicable laws that require records to be maintained of the hours worked by our employees. Every employee is responsible for accurately recording time worked.

In addition to recording arrival and departure time, non-exempt employees are required to accurately record the start and end of each meal period as well as any departure for non-work related reasons. Any errors in time records, must be immediately reported to your supervisor.

Absent prior authorization, non-exempt employees are not permitted to start work until their scheduled starting time or work past their scheduled ending time.

The Bin Store strictly prohibits non-exempt employees from working off the clock for any reason. All time spent working must be logged and accounted for; this includes time spent using electronic devices for work-related purposes.

Vacation days, sick days, holidays, and absences for jury duty, funeral leave or military training must be specifically recorded by all employees.

It is the responsibility of all employees to submit and approve their time records each week.

Altering, falsifying, tampering with time records, or recording time on another employee’s time record may result in disciplinary action up to and including termination of employment.

7.3. Paydays

The Bin Store employees are paid on a Weekly basis. In the event that a regularly scheduled payday falls on a holiday, employees will be paid on the day preceding the holiday, unless otherwise required by state law.

Paychecks will not, under any circumstances, be given to any person other than the employee without written authorization. Paychecks may also be mailed to the employee’s listed address or, upon advance written authorization, deposited directly into an employee’s bank account. Employees who elect payment through direct deposit will receive an itemized statement of wages when the Company makes direct deposits.

In the event of employee termination, the employee will receive their accrued pay in accordance with applicable federal, state and local laws.

7.4. Payroll Deductions

The Bin Store makes deductions from employee pay only in the circumstances permitted by applicable law. This includes, but is not limited to, mandatory deductions for income tax withholding and Social Security and Medicare contributions as well as voluntary deductions for health insurance premiums and other related contributions.

If you believe that an improper deduction has been made from your pay, raise the issue with the HR Representative immediately. The Bin Store will promptly investigate. If the investigation reveals that you were subjected to an improper deduction from pay, you will be reimbursed promptly.

8. Qualifications

8.1. Qualifications

• Heavy Lifting (50 lbs. + during shipments)
• Reliable transportation. Tardiness and no-shows are unacceptable. Must call or text if tardy or will miss a shift.
• Comfortable using a pallet jack.
• Honest and responsible.
• Basic mathematical skills.
• Strong attention to detail.
• Ability to listen and communicate effectively.
• Able to work well in a team environment. Negativity and gossip about the job and coworkers will not be tolerated, especially amongst one another.

9. Non-negotiable Terms

9.1. Non-negotiable Terms 

Employees are only allowed to shop on their day off (only from the front of the store and no saved items from days prior) and must be checked out by another employee at the end of the shift.

Employees working eight or more hours are required to take a one hour break off the clock and may take one additional 15 minute break, if needed.

Employee family members and close friends may not shop before 12 pm on Fridays and Saturdays.  This is to protect the integrity of our brand and to prevent questionable circumstances.

No smoking, drugs, or alcohol during a work shift or on the premises. Employees under the influence will be terminated immediately.

Employees will NOT hint nor point out premium items to customers. Doing so will result in immediate termination of employment.

Cell phone use is limited during work hours. You may check during slower periods but do not excessively use it while on the clock. Never use your cell phone on the floor, in front of customers. 

Violence of any kind will not be tolerated and will result in termination immediately.

Visitor contact should be limited and not interfere with customer service or the job.

Employees may NOT ring up their own friends or family.

A “No call / No show” (defined as an employee not showing up for their scheduled shift) will result in an immediate termination by resignation due to job abandonment. If the absence is deemed “unexcused” (defined as proper documentation was not provided exactly as requested by management or said absence was not approved by Management), this will also be considered a “No call / No show”.

Covid-19 – we ask all employees follow CDC guidelines and regulations.

9.2. Scheduling/Time off

Schedules will be available on Slack, typically every Sunday evening. Once a schedule has been posted, please do not ask for a schedule change unless it is an absolute emergency. Proof may be required if this is abused.

Any days off will need to be requested on the calendar behind the registers two weeks before needed. Management reserves the right to block out time for “no requests” and close a month completely if too many requests have been received. Please note, the intended purpose of the calendar is to REQUEST days off and are not automatic; Management reserves the right to approve or deny requests at their discretion.

After being hired and entered into our system, make sure to check your email for a message from ADP and Slack. Register your account to be able to view, edit, and sign any payroll information.

10. Confidentiality Agreement

10.1. Confidentiality Agreement

Confidentiality Agreement

The Agreement is effective on your first day of employment with the Company.

During your employment with The Bin Store, you will have access to and gain knowledge of confidential and proprietary information belonging to the Company. The term “Confidential Information” is defined below, but in general, it refers to any information related to the Company which is not known to the general public.

As an express condition precedent to your employment, you are required to agree  to comply with the terms of this Agreement.

Therefore, intending to be legally bound, you agree to the following:

Term of Agreement. 

This Agreement begins on the Effective Date, and shall remain in effect throughout the term of your employment with the Company. Certain provisions of this Agreement will continue beyond your term of employment. 

Limitations of this Agreement. 

Nothing in this Agreement should be interpreted or construed to constitute a contract of employment or to obligate either You or the Company to any specific term. This Agreement is limited to the subject matter of confidentiality as expressly described in this Agreement.

Representation and Warranties. 

You represent and warrant that your relationship with the Company will not cause or require You to breach any contract or other obligation to any former employer or any other person or organization, including, without limitation, obligations of confidentiality and restrictions on competition or You expressly agree that You will not knowingly use or disclose any confidential or proprietary information belonging to another person or enterprise, without the express written consent of such person or enterprise. You agree that if at any time during the term of your employment with the Company, You have questions about whether information or knowledge is proprietary or confidential to a third party or to the Company, You will promptly advise the Company of your question.

Confidential Information Defined. 

As used in this Agreement, “Confidential Information” means confidential and/or proprietary information which is disclosed to You or which You otherwise learn of during the course of or as the direct or indirect result of your employment with the Company. Confidential Information is information not generally known to the public or to others who could obtain economic value from its disclosure. Use of the information related to the Company which You gain during the time of your employment should be deemed confidential unless clearly identified to be non-confidential.

Confidential Information includes all proprietary technical, financial, customer, business or other information owned by or licensed to the Company or any of its clients, customers, or vendors, including by way of illustration, but not limitation, customer lists, pricing data, supply sources, production techniques, computerized data, maps, production methods, product design information, written material, drawings, photographs, layouts, computer programs, software, firmware, inventions, discovery, improvement, development, tools, machines, designs, works of authorship, logos, promotional ideas, concepts, formulae, market information, trade secrets, information related to current or proposed research and development, organization charts, advertising materials, financial records and reports of the Company or any  enterprise affiliated  with  the Company, inventions, patents, inventions that are   patentable and works subject  to  copyright protection, copyrighted materials, and performance.

Confidential Information includes all information that should reasonably be understood by You because of legends or other markings, the circumstances of disclosure, or the nature of the information itself, to be Confidential Information, regardless of whether such information is marked “Confidential.” All information gained during the course of your employment should be presumed confidential unless the information is clearly identified otherwise or the circumstances of disclosure demonstrate it not to be.

Confidential Information includes, without limitation, Information which is made, written, discussed, developed, secured, obtained or learned (a) solely or jointly with others, (b) during the usual hours of work or otherwise, (c) at the request and upon the suggestion of the Company or  otherwise,  (d) with  the  Company’s materials, tools, instruments, or (e) on the Company’s premises or when traveling for business with the Company.

Confidential Information includes all confidential and proprietary material that You may design, author, create, distribute or produce during the term of your employment. 

Return of Confidential Information.

You agree to promptly return all Confidential Information to the Company upon the Company’s request or the termination of your employment.

Compliance with Rules. 

You agree to comply with all reasonable rules established from time to time by the Company for the protection of Confidential Information.

Disclosure to the Company of Confidential Information.

You agree to promptly and fully disclose to the Company any Confidential Information that You design, create, or develop, including, without limitation, any information which is patentable or subject to copyright protection, or which may be protected as a trade secret.

Disclosure of Intellectual Property. 

You agree to disclose to the Company any patent or copyright applications or steps taken to protect intellectual property protection which You may file during the one year period following the termination of your employment. Any such applications filed within one year following your last day of employment are presumptively Confidential Information of the Company.

Disclosure to the Government. 

You are permitted by federal law to disclose Confidential Information if You do so in complete confidence, either directly or indirectly, to a federal, state, or local government official or to an attorney. Such disclosure is permitted, however, solely (i) for the purpose of reporting or investigating a suspected violation of applicable law; or (ii) in the context of a complaint or other document filed under seal in a lawsuit. 

Employers are prohibited by law from retaliating against an employee who reports in good faith Confidential Information to any governmental entity. Federal law allows You to disclose Confidential Information to your attorney and to use the Confidential Information in a lawsuit against an employer based upon retaliation by the employer following your report of a suspected violation of the law. However, You must first file with the court, under seal, any documents You have containing Confidential Information, and You are strictly prohibited from disclosing such Confidential Information without an express order from the court allowing You to do so.

Title to Confidential Information.

Title and interest in and to all Confidential Information is vested exclusively in the Company, including, without limitation, Confidential Information or work product which You may author, create or develop.

Works for Hire.

You acknowledge and agree that all work product which You may conceive, invent, devise, discover or generate during the term of your employment which is subject to either common law or statutory copyright protection, shall be deemed “work for hire”  and title to the work product shall be vested in the Company, as provided in the federal Copyright Act, 17 S.C. §§ 101 and 201(b).

Assignment.

As a condition of your employment, You agree to assign, transfer, and convey to the Company or its designee, all of your right, title and interest in and to any and all concepts, ideas, inventions, processes, improvements, copyrightable works, patentable goods or inventions, trademarks, copyrights, formulas, manufacturing technology, developments, writings, discoveries, and trade secrets that You may make, conceive, or reduce to practice, whether by yourself or in cooperation with others. 

Provided, however, that this obligation to assign things You develop to the Company shall not apply to any work product (i) in which no Company equipment, supplies, facilities or trade secret information was used; (ii) which was developed entirely on your own time; (iii) which is not derived from work You have performed for the Company and (iv) which does not relate to the Company’s business or to the Company’s actual or anticipated research or development.

Attorney-in-Fact. 

You irrevocably appoint the Company to act as your agent and attorney-in-fact to perform all acts necessary to obtain and/or maintain patents, copyrights and similar rights to any Confidential Information assigned by You to the Company under this Agreement. In the event You refuse to perform those acts, or that You are unavailable, You acknowledge that the grant of the foregoing power of attorney is coupled with an interest and shall survive your death or disability.

Execution of Instruments. 

During employment by the Company, upon request and without compensation other than as herein provided but at no expense to You, You will execute any documents and take any action the Company may deem necessary or appropriate to effectuate the provisions of this Agreement, including without limitation assisting the Company in obtaining and/or maintaining patents, copyrights or similar rights to any Confidential Information or other intellectual property assigned to the Company.

Survival of Promises. 

You further agree that your obligations described in the preceding paragraphs will continue beyond the termination of your employment with the Company, regardless of whether your termination is voluntary or involuntary. However, if You are asked to provide such assistance after termination of employment, You will be entitled to fair and reasonable compensation in addition to reimbursement of any expenses incurred at the request of the Company.

Injunctive Relief. 

You hereby acknowledge (1) the unique nature of the Confidential Information which is the subject of this Agreement; (2) that Confidential Information constitutes trade secrets of the Company; that the Company will suffer irreparable harm if You breach your obligations under this Agreement; and (3) that monetary damages will be inadequate to compensate the Company for such a breach. Therefore, if You breach any of such provisions, then the Company shall be entitled to injunctive relief under the federal Defend Trade Secrets Act of 2016 in addition to any other remedies at law or equity, to enforce such provisions.

Severable Provisions. 

The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.

Modifications. 

This Agreement may be modified only by a contract, in writing, executed by the party authoring this Agreement and to whom enforcement of such modification is being given. 

Prior Understandings. 

This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement.  The Agreement supersedes all prior understanding, agreements, or representations.