3. Terms of Work
a. The TEMPORARY EMPLOYEE shall perform work as required by the CLIENT the employee is assigned to and/or PRACTICE STAFFING, on days, weekends, full time, etc. This shall not be construed as a permanent relationship between TEMPORARY EMPLOYEE , PRACTICE STAFFING or CLIENT.
b. The TEMPORARY EMPLOYEE may be required to perform work in place of another employee on a temporary basis, as a relief for the duration of the job or during the absence of another employee. The TEMPORARY EMPLOYEE will be informed in advance should the TEMPORARY EMPLOYEE’s services be required, and CLIENT details will be given to the employee including but not limited to location, supervisor, duties, pay rate and expected duration of assignment.
c. The TEMPORARY EMPLOYEE shall always follow the safety rules, regulations, and working conditions of the CLIENT or state and local law and maintain the highest standard of professionalism.
d. A daily timesheet will be kept tracking hours worked and the TEMPORARY EMPLOYEE will be paid for hours the TEMPORARY EMPLOYEE provides to the CLIENT. If the TEMPORARY EMPLOYEE withdraws their services for whatever reason, they will not be due any payment from the Company for work not performed.
e. The TEMPORARY EMPLOYEE will be required to fill out, sign and validate hours with the CLIENT EACH WEEK and turn a CLIENT signed timesheet into PRACTICE STAFFING by no later than Fridays at 3pm ET. PRACTICE STAFFING work week is from Saturday-Friday and PRACTICE STAFFING will pay Employee weekly on Fridays for the one-week period ending the previous Friday.
6. Protected Health Information (PHI)
As a non-employee who is on the premises of a CLIENT of Practice Maximization The TEMPORARY EMPLOYEE may have access to Protected Health Information (“PHI”) as well as “confidential” information. Both are valuable and sensitive information and protected by law. This will set out the terms and conditions which information created or received by or on behalf of the Practice may be used or disclosed under state law and the Health Insurance Portability and Accountability Act and updated through HIPAA Omnibus Rule of 2013 (hereafter “HIPAA”). Confidential information includes, but is not limited to any information about employees, any computer log-on codes or passwords, physician information, any financial information, any proprietary information, or anything that is otherwise designated as confidential by the Practice. Protected Health Information (hereafter “PHI”) includes all identifiers under C.F.R. § 164.514 and defined under HIPAA as individually identifiable health information, held, or maintained by the Practice that is transmitted or maintained in any form or medium. Disclosure and use of PHI or confidential information includes, but is not limited to, the display or distribution of tangible physical documentation, in whole or in part, from any source or in any format (e.g., oral, electronic, paper, digital, internet, social networks, posting, FAX, etc.). As a non-employee, the TEMPORARY EMPLOYEE agrees to comply with the following terms:
a. All data available to the TEMPORARY EMPLOYEE will be treated as confidential information.
b. The TEMPORARY EMPLOYEE will not access any confidential information, including personnel, billing or private information, or PHI for which the TEMPORARY EMPLOYEE have no responsibilities or need to know.
c. The TEMPORARY EMPLOYEE will not use or disclose any confidential or PHI information in violation of HIPAA or any other applicable law.
d. All confidential and PHI information the TEMPORARY EMPLOYEE receives will be held and treated as confidential and will not be disclosed in any manner whatsoever, in whole or part, except as authorized by HIPAA and state law.
e. The TEMPORARY EMPLOYEE will not divulge, copy, release, sell, loan, review, alter or destroy any confidential information or PHI except as properly authorized by the CLIENT and within the scope of TEMPORARY EMPLOYEE’s professional activities.
f. The TEMPORARY EMPLOYEE will immediately report suspected disclosures of PHI or confidential information to the CLIENT and PRACTICE STAFFING. Upon the end of your relationship with the CLIENT and/or PRACTICE STAFFING, the TEMPORARY EMPLOYEE understand that disclosure of confidential information or PHI is prohibited indefinitely, even after termination of this agreement. Under state and federal law and regulations governing an individual’s right to privacy, the TEMPORARY EMPLOYEE understands you may be subjected to civil fines for which you may be personally responsible and criminal sanctions for unlawful or unauthorized access to or use or disclosure of an individual’s confidential information. The TEMPORARY EMPLOYEE understands that if you violate any of the terms set out above, you may be subject to disciplinary actions, including loss of privileges, termination of contract, legal action for monetary damages or injunction, or both, or any other remedy available.
8. CONSENT TO INJUNCTIVE RELIEF
The TEMPORARY EMPLOYEE acknowledges that a breach of this agreement in whole or in part would cause irreparable injury to the company. In the event of such breach or threatened breach the TEMPORARY EMPLOYEE agrees that the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction against the TEMPORARY EMPLOYEE and others acting in concert or participation with the TEMPORARY EMPLOYEE without the necessity of proving irreparable harm or injury as a result and recover its reasonable attorney’s fees incurred in connection with any such injunction.
12. Employment
In the event the TEMPORARY EMPLOYEE is hired directly or indirectly by the CLIENT while on assignment or up to 1 year after the last day of the assignment, the TEMPORARY EMPLOYEE agrees to notify PRACTICE STAFFING immediately within one (1) business day and agrees that such employment will result in a placement fee to the CLIENT. Notification must include start date, rate of pay, bonuses, commissions, or all information regarding hiring agreement with CLIENT. If PRACTICE STAFFING uncovers a TEMPORARY EMPLOYEE is hired directly or indirectly by the CLIENT without being properly notified by the TEMPORARY EMPLOYEE , PRACTICE STAFFING reserves the right to recoup placement fees from the CLIENT or TEMPORARY EMPLOYEE .
THE VALIDITY OF THIS AGREEMENT, ITS CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT, AND THE RIGHTS OF THE PARTIES HERETO SHALL BE DETERMINED UNDER, GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN. THE PARTIES AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE TRIED AND LITIGATED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN THE COUNTY OF KENT, STATE OF MICHIGAN OR, AT THE SOLE OPTION OF PRACTICE STAFFING, IN ANY OTHER COURT IN WHICH AGENT SHALL INITIATE LEGAL OR EQUITABLE PROCEEDINGS AND WHICH HAS SUBJECT MATTER JURISDICTION OVER THE MATTER IN CONTROVERSY. THE TEMPORARY EMPLOYEE WAIVES, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ANY RIGHT TO ASSERT THE DOCTRINE OF FORUM NON CONVENIENS OR TO OBJECT TO VENUE TO THE EXTENT ANY PROCEEDING IS BROUGHT IN ACCORDANCE WITH THIS AGREEMENT .
Acknowledgment* BY CHECKING THIS BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS ENTIRE AGREEMENT.*
Electronic Consent* I ACCEPT THE TEMPORARY EMPLOYMENT AGREEMENT*
By selecting the “I Accept” button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting “I Accept” you consent to be legally bound by this Agreement’s terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also represent that you are authorized to enter into this Agreement and will be bound by the terms of this Agreement.
