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Standards of Conduct

 

SCOPE OF SERVICE / DUTIES

It is the duty and responsibility of each employee to serve the peace, protect life and property, prevent crime, and recover lost / stolen property for our clients. Employees are expected to follow all security programs that are implemented by either the client and/or LG&P Security, including wearing the proper uniform. 

 

• Employees who contact or observe individuals who are not allowed on the property are to immediately contact them and obtain SOME FORM OF IDENTIFICATION. If they refuse to provide any identification, get their name and date of birth. Obtain physical descriptions and clothing. ALWAYS CONTACT THE POLICE IF THEY DO NOT PROVIDE ANY FORM OF IDENTIFICATION TO VERIFY WHO THEY ARE.

• Employees who observe any vehicles on the property are to immediately WRITE DOWN THEIR LICENSE PLATES.

• Employees are to contact their Supervisor when an incident occurs regardless of the time of day or night.

• Employees who are working alone and observe several subjects who do not belong on the property AND FEEL IT IS UNSAFE TO CONTACT THEM should call the police immediately while keeping an eye on them. GET PHYSICAL DESCRIPTION AND LICENSE PLATES.

• Employees who are working “Theft Prevention” in stores are to follow individuals who appear to be suspicious. Notify the store of the situation and advise them to also keep a close watch. If you observe a subject steal an item, contact the store staff and have them notify the police so they can respond and wait outside the store. Wait until the subject leaves the store before contacting them. Tell them that you observed them take something without paying for it. Detain them until the police arrive. NOTIFY THE MANAGER AND ASK THEM WHAT ACTION THEY WANT DONE. DO NOT MAKE AN ARREST WITHOUT PERMISSION FROM THE MANAGER

• Employees working a detail where there is a manager or person is charge are to first contact them before taking any action on a vehicle or individual.

• Employees are not to leave their assigned posts without permission from the client or on site manager. If the manager is not available, employees should contact one of the client’s employees and send that person to get the manager.

• Employees are not to roam around the clients store unless it is part of the job duties, touch client property, start casual conversations with store employees / customers, or sit down without permission from the client.

• Employees are not to use their cell phones while on duty.

 

 

Prohibited Conduct

The following conduct is prohibited and will not be tolerated by the Company. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare and the Company’s operations also may be prohibited. 

 

1. • Falsifying employment records, employment information, or other Company records;

   • Recording the work of another employee or allowing any other employee to record your work time, or falsifying any time card, either your own or another employee’s;

   • Theft, deliberate or careless damage or destruction of any Company property, or the property of any employee or customer;

   • Removing or borrowing Company or client property without prior authorization;

   • Unauthorized use of Company or client equipment, time, materials, copying, phone services, television services to include pay per-view, computers or facilities;

   • Provoking a fight or fighting during working hours or on Company property;

   • Participating in horseplay or practical jokes on Company time or on Company premises;

   • Carrying firearms or any other dangerous weapons on Company/Client premises at any time unless approved by the Director of LG&P Security;

   • Engaging in criminal conduct whether or not related to job performance;

   • Causing, creating, or participating in a disruption of any kind during working hours on Company property;

   • Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or member of management, or the use of abusive or threatening language toward a supervisor or member of management;

   • Using abusive language at any time on Company/client premises;

   • Failing to notify a supervisor four (4) hours or more when unable to report to work;

   • Unreported absence;

   • Failing to obtain permission to leave work for any reason during normal working hours;

   • Failing to observe working schedules, including rest and lunch periods;

   • Failing to provide a sufficiently specific physician’s certificate within 48 hours of request;

   • Sleeping or malingering on the job;

   • Making or accepting personal telephone calls except in cases of emergency;

   • Working overtime without authorization or refusing to work assigned overtime;

   • Wearing disturbing, unprofessional or inappropriate styles of dress or hair while working;

   • Violating any safety, health, security or Company policy, rule, or procedure;

   • Committing a fraudulent act or a breach of trust under any circumstances;

   • Committing of or involvement with any act of unlawful harassment of another individual;

   • Reporting to work while under the influence of a controlled substance; being intoxicated or under the influence of a controlled substance while at work; use, possession or sale of a controlled substance in any quantity while on Company/client premises, except personal medications prescribed by a physician which do not impair work performance;

   • Failure to comply with any grooming standard, as described in this Handbook;

   • Violating the non-disclosure agreement; giving confidential or proprietary information to competitors or other organizations or to unauthorized LG&P Security employees; working for a competing business while being a LG&P Security employee; breach of confidentiality of personnel information including personal wage information to other employees;

   • Spreading malicious gossip and/or rumors; engaging in behavior which creates discord and lack of harmony among employees; interfering with another employee on the job; restricting work output or encouraging others to do the same;

   • Immoral conduct or indecency on Company property;

   • Conducting a lottery or gambling on Company premises;

   • Use of Company, clients, or personal cell phones for personal calls;

   • Smoking in restricted areas or at non-designated times, as specified by Company rules. No uniformed officer is permitted to smoke while in the public or clients view;

   • Creating or contributing to unsanitary conditions;

   • Buying Company merchandise for resale;

   • Speeding or careless driving of Company vehicles or personal vehicles on Company or client property;

   • Failure to immediately report damage to, or an accident involving, Company or client equipment or property;

   • Soliciting during working hours and/or in working areas for any reason, including seeking financial gain for yourself, friends, relatives or acquaintances; selling merchandise or collecting funds of any kind for charities or others without authorization during business hours, or at a time or place that interferes with the work of another employee on Company premises;

   • Not maintaining a telephone at residence and to keep LG&P Security informed of any changes in address or telephone numbers to a supervisor and the corporate office;

   • Failure to immediately depart off the work premises after the completion of a shift;

   • Discussing LG&P Security or client business with the media, insurance companies, attorneys etc., without prior permission from the Director of LG&P Security;

   • Parking in areas not designated parking areas for employees;

   • Unbecoming conduct of an employee, officer, supervisor or manager of LG&P Security;

   • Violation of posted client policies or procedures;

   • Violations of any public laws while on duty;

   • Bringing TV's, video games or other non-approved reading material to their assigned post;

   • Failure to notify Company of any arrest on or off duty;

   • Not returning company phone calls in a timely manner (1-2 hours upon receiving call)

   • Failure to notify Company of suspension or revocation of driving privileges.

   • Working for another private security company without written permission.

 

This statement of prohibited conduct does not alter the Company’s policy of at-will employment. Either you or the Company remains free to terminate the employment relationship at any time, with or without reason or advance notice. Violations can result in civil and or criminal prosecution.

 

Armed Security Guard Requirements

In order to be authorized to carry a firearm, a security guard must be at least 21. The individual will not be registered until such time as he or she has an employer.

The prospective armed guard must take a Board-approved course. It is the employer’s responsibility to arrange for training, however not responsible for training costs. The employer will also provide documentation to the Board.

An individual who is certified as a firearms instructor or has worked as a peace officer may be exempted from the usual training requirements.

An armed guard is expected to fire qualifying rounds every six months.

 

Employee Discipline 

Like most organizations, the Company utilizes various procedures to address work problems such as misconduct or poor performance. The Company utilizes a system of progressive discipline that includes verbal warnings, written warnings, demotions, disciplinary suspensions without pay and discharge in response to unacceptable conduct. However, there may be occasions where the Company determines that circumstances warrant immediate termination without any prior warning(s), suspension(s), or notice. The Company also reserves the right to suspend employees with or without pay during an investigation into alleged or suspected misconduct.

 

When verbal warnings are given, they will be noted in the employee’s personnel file. Written warnings and suspension notices should be signed by both the supervisor and employee. The employee's signature is not an admission of guilt, but merely acknowledges receipt of the notice. If an employee disagrees with the warning and desires to make comments, the employee is entitled to write these comments on the warning memorandum form. When written warnings are given, the employee will receive a copy of the warning or suspension notice and a copy will be placed in the employee's personnel file.

 

Nothing in this policy should be construed to limit or otherwise alter the Company's right to terminate employment at will.

 

*SEE DISCIPLINARY CHART LOCATED IN THE APPENDIX.

 

Off-Duty Conduct

While the Company does not seek to interfere with your off-duty conduct, certain types of off-duty conduct may interfere with the Company's legitimate business interests. 

 

Employees are expected to conduct their personal affairs in a manner that does not adversely affect the Company's integrity, reputation or credibility. Off-duty conduct that adversely affects the Company's legitimate business interests or an employee's ability to perform his or her work will not be tolerated and may result in disciplinary action up to and including termination. The following types of additional employment elsewhere are strictly prohibited:

 

1. • Additional employment that conflicts with an employee’s work schedule, duties, and responsibilities at our Company;

   • Additional employment that creates a conflict of interest or is incompatible with the employee's position with our Company;

   • Additional employment that impairs or has a detrimental effect on the employee’s work performance with our Company;

   • Additional employment that requires the employee to conduct work or related activities on the Company’s property during the employer's working hours or using our Company’s facilities and/or equipment; and

   • Additional employment that directly or indirectly competes with the business or the interests of our Company.

 

Employees who wish to engage in additional employment that may create a real or apparent conflict of interest must submit a written request to the Director explaining the details of the additional employment. If the additional employment is authorized, the Company assumes no responsibility for it. The Company shall not provide workers’ compensation coverage or any other benefit for injuries occurring from or arising out of additional employment. Authorization to engage in additional employment can be revoked at any time.

 

Many of our clients encourage our personnel to support their enterprises by eating, shopping, and partaking in their many entertainment opportunities. Please be advised that even when you are off duty on client property, you must conduct yourselves in a manner which will bring credit to yourselves and our company. While interacting on client property, you must at all times conduct yourself in a manner which does not bring discredit to yourself or our company.

 

Drug and Alcohol Abuse

The Company desires to provide a drug-free, healthful, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner. To this end, the Company is concerned about the use of controlled substances as it affects the workplace. Use of these substances, whether on or off the job can detract from an employee’s work performance, efficiency, safety, and health, and therefore seriously impair the employee’s value to the Company. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the Company to the risks of property loss or damage, or injury to other persons.

 

Furthermore, the use of prescription drugs and/or over-the-counter drugs also may affect an employee’s job performance and may seriously impair the employee’s value to the Company. 

 

The following rules and standards of conduct apply to all employees either on Company property, or any premises where an employee may be working on behalf of the Company, or during the workday (including meals and rest periods). Behavior that violates Company policy includes: 

1. • Possession or use of an illegal or controlled substance, or being under the influence of an illegal or controlled substance while on the job;

   • Driving a Company vehicle while under the influence of alcohol or controlled substance; and

   • Distribution, sale, or purchase of an illegal or controlled substance while on the job.

 

Violation of these rules and standards of conduct will not be tolerated. The Company also may bring the matter to the attention of appropriate law enforcement authorities. 

 

In order to enforce this policy, the Company reserves the right to conduct searches of Company property or employees and/or their personal property and to implement other measures necessary to deter and detect abuse of this policy.

 

An employee’s conviction on a charge of illegal sale or possession of any controlled substance while off Company property will not be tolerated because such conduct, even though off duty, reflects adversely on the Company. In addition, the Company must keep people who sell or possess controlled substances off the Company's premises in order to keep the controlled substances themselves off the premises.

 

Any employee who is using prescription or over-the-counter drugs that may impair the employee’s ability to safely perform the job, or affect the safety or well-being of others, must notify a supervisor of such use immediately before starting or resuming work. The Company will encourage and reasonably accommodate employees with alcohol or drug dependencies to seek treatment and/or rehabilitation. Employees desiring such assistance should contact the Director and request a treatment or rehabilitation leave. The Company is not obligated, however, to continue to employ any person whose performance of essential job duties is impaired because of drug or alcohol use, nor is the Company obligated to re-employ any person who has participated in treatment and/or rehabilitation if that person’s job performance remains impaired as a result of dependency. Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be given a second opportunity to seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect the Company’s treatment of employees who violate the regulations described previously. Rather, rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.

 

 

Drug Screening

Purpose: This policy describes LG&P Security Services policy and procedures for conducting random drug tests of employees.

Random Testing: LG&P Security Services will randomly test employees for compliance with its drug-free workplace policy. As used in this policy, “random testing” means a method of selection of employees for testing, performed by an outside third party. The selection will result in an equal probability that any employee from a group of employees will be tested. Furthermore, LG&P Security Services has no discretion to waive the selection of an employee selected by this random selection method.

Scheduled Periodic Testing: LG&P Security Services reserves the right to conduct periodic testing on a regularly scheduled basis for employees in designated departments, classifications or workgroups.

Post-Rehabilitation Testing: When an employee has had a confirmed positive test result, or has been sent to a drug dependency program at the request of the company, LG&P Security Services, as a condition of continued employment, will require the taking and passing by the employee of follow-up drug tests during a probationary period within the two-year period after the employee’s return to work.

Substances Covered by Drug and Alcohol Testing: Employees will be tested for their use of commonly abused controlled substances, which include amphetamines, barbiturates, benzodiazepines, opiates, cannabinoids, cocaine, methadone, methaqualone, phencyclidine (PCP), propoxyphene and chemical derivatives of these substances.

Employees must advise testing lab employees of all prescription drugs taken in the past month before the test and be prepared to show proof of such prescriptions to testing lab personnel.

Testing Methods and Procedure: All testing will be conducted by a licensed independent medical laboratory, which will follow testing standards established by the state or federal government. Testing will be conducted on a urine sample provided by the employee to the testing laboratory under procedures established by the laboratory to ensure privacy of the employee, while protecting against tampering/alteration of the test results.

Employees will be considered to be engaged at work for the time spent in taking any tests and will be compensated for such time at their regular rate.

LG&P Security Services will pay for the cost of the testing, including the confirmation of any positive test result by gas chromatography. The testing lab will retain samples in accordance with state law, so that an employee may request a retest of the sample at his or her own expense if the employee disagrees with the test result.

Refusal to Undergo Testing: Employees who refuse to submit to a test are subject to immediate discharge.

Positive Test: If an employee tests positive on an initial screening test, the employee will be temporarily suspended while the confirmation test is being conducted. Upon receipt of the confirmation test, the employee will be subject to disciplinary action, up to and including discharge. Discipline selected by LG&P Security Services will depend on a variety of factors, including the prior work record of the employee, the length of prior employment, the prior accident and attendance record of the employee, the circumstances that led to the testing, and the proposals by the employee to address the problem.

Right to Explain Test Results: All employees and applicants have the right to meet with the testing laboratory personnel, and with LG&P Security Services, to explain their test results. These discussions should be considered confidential except that information disclosed in such tests will be communicated to personnel within LG&P Security Services or within the lab who need to know such information to make proper decisions regarding the test results or regarding the employment of the individual.

Right to Review Records: Employees have a right to obtain copies of all test results from the testing laboratory, or from LG&P Security Services. When an employee disagrees with the test results, the individual may request that the testing laboratory repeat the test. Such repeat testing will be at the expense of the individual, unless the repeat test overturns the original report of the lab, in which case LG&P Security Services will reimburse the employee for the costs incurred for the retest.

Confidentiality Requirements: All records concerning test results will be kept in medical files that are maintained separately from the personnel file of the employee.

Testing laboratories may conduct testing only for substances included on the disclosure list provided to the individual, and may not conduct general testing related to the medical conditions of the individual that are unrelated to drug use.

Retesting: Employees may request a retest of their positive test results within five working days after notification by LG&P Security Services of such positive test result. This retest is at the expense of the individual, unless the original test result is called into question by the retest.

Where the employee or applicant believes that the positive test result was affected by taking lawful or prescribed substances, the individual may be suspended without pay pending receipt of confirming information to substantiate the claims of the individual. Normally, the individual will be provided no more than five business days in which to provide this additional information.

Once LG&P Security Services has determined whether there is evidence to indicate that the test results are incorrect, LG&P Security Services will advise the individual of its decision.

Treatment, Termination and Rehire: Employees who test positive for any drug(s) listed on the disclosure list have two choices. The employee may agree to enter an authorized treatment program approved by LG&P Security Services, and agree to subsequent retesting for a period of two years after returning from treatment, or the employee will be terminated immediately and will not be considered for rehire until he or she can show that he or she has remained drug-free for a period of two years or more.

 

Punctuality and Attendance

As an employee of the Company, you are expected to be punctual and regular in attendance. Any tardiness or absence causes problems for your fellow employees and your supervisor. When you are absent, your assigned work must be performed by others. Employees are expected to report to work as scheduled, on time, fully dressed, and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods or when required to leave on authorized Company business. Late arrival, early departure, or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided. 

 

If you are unable to report for work on any particular day, you must under all but the most extenuating circumstances call your supervisor at least four (4) hours before the time you are scheduled to begin working for that day. If you call less than four (4) hours before your scheduled time to begin work and do not arrive in time for your assigned shift, you will be considered tardy for that day. In all cases of absence or tardiness, employees must provide their supervisor with an honest reason or explanation. Employees also must inform their supervisor of the expected duration of any absence. Excessive absenteeism or tardiness, whether excused or not, will not be tolerated. This Company defines excessive tardiness as three (3) days in a year period.

 

If you fail to report for work without any notification to your supervisor the Company will consider that you have abandoned your employment. 

 

Dress Code and Other Personal Standards

Please understand that you are expected to dress and groom yourself in accordance with accepted social, professional and business standards, particularly if your job involves dealing with clients, customers or visitors in person.

 

All officers shall possess at all times a serviceable uniform and the necessary equipment to perform uniform duty. Officers assigned to duty wherein a special uniform is required shall also possess the uniform required by their special assignment. All uniforms and equipment referred to in this Handbook shall meet the specifications outlined as follows:

 

1. • A neat, tasteful appearance contributes to the positive impression you make on our clients;

   • You are expected to be suitably attired (complete uniform) and groomed during working hours or when representing LG&P Security;

   • A good, clean appearance bolsters your own poise and self-confidence and greatly enhances our company image;

   • When working at customer's site, arrive fully dressed and in proper uniform. Do not get dressed in your vehicle or the client’s parking lot or building.

   • All uniforms and equipment shall be maintained in a clean and serviceable condition and shall be ready at all times for immediate use.

   • Remember, you only have one opportunity to make a positive first impression.

 

Shoes / Uniform

Uniforms will be clean and worn appropriately. Shirts will be tucked into the pants, socks will be black, and black pants will be worn properly and not below the waist exposing undergarments.

 

Uniform shoes shall be black in color and they will be kept polished. Low top shoes require black socks.

 

Personal appearance should be a matter of concern for each employee. If your supervisor or designated company representative feels your attire and/or grooming is out of place, you may be asked to leave your workplace until you are properly attired an/or groomed. Employees who violate dress code standards may be subject to appropriate disciplinary action. LG&P Security reserves the right to start at any disciplinary step, repeat the disciplinary step or proceed to termination. LG&P Security is an at will employer. Keep in mind the discomfort your supervisor or designated company representative would feel if he/she had to address any of these issues with you.

 

You are responsible for the maintenance, laundry and/or care of these items. All uniforms and/or equipment items must be kept neat, clean, and in good condition at all times. It is your responsibility to report any uniform and/or equipment discrepancies, malfunctions, or damages in writing to management before signing and accepting said items.

 

Replacement of items:

In the event of lost, destroyed or damaged uniforms or equipment, you are responsible for the cost of the replacement items. Cash or check is required for replacement of the item. Lg&p security services may deduct the cost of damaged or lost items from your paycheck unless you provide proof that said damage or lost item is not the result of your own negligence. Employee will not be responsible for normal wear and tear of uniforms and/or equipment.

 

Return of items:

Upon separation of employment from lg&p security services, the following terms will be applied:

• All uniforms and equipment items issued are considered property of lg&p security services and must be returned in good and usable condition no later than your last day of employment and to prevent the cost from being deducted from your last paycheck that will be issued once property is returned.

• If the issued items are not returned upon separation of employment or the items are returned damaged and unusable, the cost of replacing these items will be withheld from your final paycheck.

 

Cleaning of uniforms:

All uniforms have noted washing instructions. General instructions are to wash the items in cold water and may be dried under low heat setting. Items requiring dry cleaning, are to be submitted to your supervisor. The items will be cleaned and returned to you within a reasonable time period. You may switch out items with the permission from management.

 

Equipment

No employee is authorized to wear, carry or be in possession of a firearm, knife, pepper spray, handcuffs, baton (PR-24), brass knuckles, sap, or any other item described in the NRS as a dangerous weapon unless authorized by management following documentation of proper training and/or licensing for use while employed at the job location and a copy of all current applicable training documents are on file with the training coordinator.

 

Employees are required to bring the following items to a job site

• Cell Phone

• Flashlight – night time only

• Pen & Pad

• Driver’s License

• Valid Guard Card

• Proper Uniform

 

Customer Relations

Employees are expected to be polite, courteous, prompt, and attentive to every customer or client. When an employee encounters an uncomfortable situation that he or she does not feel capable of handling, a supervisor should be called immediately.

 

Ours is a service business and all of us must remember that the customer and client always come first. Our customers and clients ultimately pay all of our wages.

 

Customers and clients are to be treated courteously and given proper attention at all times. Never regard a customer's or clients question or concern as an interruption or an annoyance. You must respond to inquiries from customers and clients, whether in person or by telephone, promptly and professionally.

 

Phones will be answered in a professional and polite manner stating your location and name.

 

Never place a telephone caller on hold for an extended period. Direct incoming calls to the appropriate person and make sure the call is received. Through your conduct, show your desire to assist the customer or client in obtaining the help he or she needs. If you are unable to help a customer or client, find someone who can.

 

All correspondence and documents, whether to customers or others, must be neatly prepared and error-free. Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do business.

 

Never argue with a customer or client. If a problem develops, or if a customer/client remains dissatisfied, ask your supervisor or the manager to intervene.

 

Employees are prohibited from engaging in the following with the client / customer;

• Entering into an agreement or contract with client/customer to provide personal services in competition with LG&P Security.

• Using clients / customers telephones for personal calls

• Engaging in solicitation on or off the job site

• Taking gratuities

• Leaving trash at the job site, including food wrappers, bottles, cans, reading material, etc

 

Confidentiality and Non-Competition Agreement

Upon accepting employment with LG&P Security, each employee agrees to not disclose or use any LG&P Security or clients’ confidential information, either during or after your employment for a period of five (5) years. The employee is responsible for safeguarding the confidential information obtained during employment. In the course of your work, you may have access to confidential information regarding the Company, its suppliers, its customers, or perhaps even fellow employees. You have a responsibility to prevent revealing or divulging any such information unless it is necessary for you to do so in the performance of your duties. Access to confidential information should be on a "need-to-know" basis and must be authorized by your manager. Any breach of this policy will not be tolerated and legal action may be taken by the Company.

 

In consideration of employee's employment and the compensation paid to employee, employee hereby acknowledges and agrees with Company as follows:

 

1. Definitions. As used in this Agreement, the following terms have the following definitions:

   1. “Clients” means any person or entity for whom Company performs services or from whom Company, employee, or both obtain information.

   2. “Confidential information” means proprietary techniques and confidential information that Company has or will develop, compile, or own, or that Company receives under conditions of confidentiality. Confidential information includes not only information disclosed by Company (including its employees, agents, and independent contractors) or its Clients to employee in the course of employment, but also information developed or learned by employees during the course of employment with Company. Confidential information is to be broadly defined and includes (i) all information that has or could have commercial value or other utility in the business in which Company or clients are engaged or in which they contemplate engaging, and (ii) all information that, if disclosed without authorization, could be detrimental to the interest of Company or clients, whether or not such information is identified as confidential information by Company or clients. By example and without limitation, confidential information includes all information on teaching techniques, processes, formulas, trade secrets, inventions, discoveries, improvements, research, or development test results, specifications data, know-how, formats, marketing plans, business plans, strategies, forecasts, unpublished financial information, budgets, projections, and customer and supplier identities, characteristics, and agreements.

 

1. Effective Date. This Agreement will become effective on the earlier of (i) commencement of employee's employment with Company, or (ii) the date and time at which any confidential information was or is first disclosed to employees.

 

1. Protection of Company's Confidential Information. At all times during and after an employee's employment, employee will hold in trust, keep confidential, not make use of, and not disclose or reveal to any third party any confidential information except in the course of Employee's employment with Company and for the benefit of Company. Employee will not cause the transmission, removal or transport of confidential information from Company's principal place of business. Employee acknowledges that the unauthorized use or disclosure of confidential information may be highly prejudicial to the interests of Company or its clients, an invasion of privacy, or an improper disclosure of trade secrets. If an employee desires to publish the results of employee's work for the Company through literature or speeches, employee must submit such literature or speeches to Company's Director at least 30 days before dissemination of such information. Employee will not publish, disclose or otherwise disseminate such information without the prior written approval of Company's Director.

 

1. Non-Competition. Except with the express prior written consent of the Company's Director, employee will not, during the period of employment with Company, (i) engage in any employment or activity, other than for the Company, in any business in which Company is engaged or contemplates engaging, (ii) induce any other employee of or consultant to the Company to engage in any such employment or activity, or (iii) solicit any clients or potential clients of Company for services similar to those performed by Company, even if not directly competitive with Company for such services. For a period of two years immediately after termination of employee's employment with Company, employee agrees not to interfere with Company's business by using any information about the Company or the Company's clients, consultants, or other business relationships obtained during the course of employment with the Company to solicit an employee to leave Company's employ, or to induce a consultant to sever the consultant's relationship with Company, or to solicit business from any of the Company's customers or clients. 

 

1. Prior Knowledge and Prior Relationships. Except as disclosed by employee in writing, employee has no knowledge of any of the confidential information other than information employee has learned from Company.

 

Employee has no agreements, relationships, or commitments to any other person or entity that conflict with or would prevent employee from performing any of the employee's obligations to Company under this Agreement.

 

Employee will not disclose to Company, use, or induce Company to use any proprietary information or trade secrets of others. Employee represents and warrants that employee has returned all property and confidential information belong to all others.

 

1. Termination of Employment. Employment and compensation can be terminated, with or without cause, and with or without notice, at any time, at the option of the Company or the employee. Nothing in this Agreement will limit or otherwise alter the foregoing.

 

If an employee's employment with the Company is terminated for any reason, employee shall promptly and without request (i) inform the Company of and deliver to the Company all documents and data pertaining to employee's employment and the confidential information. Employee shall not retain any written or other tangible material containing any information concerning or disclosing any confidential information.

 

If an employee's employment with the Company is terminated for any reason, employees will protect the value of the confidential information and will prevent their misappropriation or disclosure. Employee will not disclose or use any confidential information for employee's benefit for the benefit of any third party, or to the detriment of the Company or its clients.

 

Employee recognizes that the unauthorized taking of any of the Company's trade secrets is a crime under Nevada Penal Code, punishable by imprisonment for a time not exceeding one year, by a fine not exceeding $5,000.00 or both. Employee further recognizes that such unauthorized taking of the Company's trade secrets could also result in civil liability under the Nevada Uniform Trade Secrets Act and that willful misappropriation may result in an award against employee for triple the amount of the Company's damages and Company's attorney's fees in collection such damages.

 

1. Special Performance. Because Employee's breach of this Agreement may cause Company irreparable harm for which money is inadequate compensation, Company will be entitled to injunctive relief to enforce this Agreement, in addition to damages and other available remedies. Employee acknowledges and agrees that the protections set forth in this Agreement are material condition to employment with and compensation by the Company.

 

Employee further acknowledges and agrees that any breach of this Agreement will cause irreparable damage and injury to the Company and that damages resulting from a breach of this Agreement would be difficult to specifically determine. In the event of a breach of this Agreement, the Employee shall pay the Company $150,000.00 as liquidated damages. The sum is agreed upon as liquidated damages and not as a penalty. The parties hereto have computed, estimated, and agreed upon the sum as an attempt to make a reasonable forecast of probable actual loss because of the difficulty of estimating with exactness the damages which will result.

 

1. Notices. Any notice, report, or statement required or permitted under this Agreement will be considered to be given or transmitted when sent by certified mail, postage prepaid, addressed to the party for whom it is intended at its address of records, or by courier or messenger service, which notice will be effective on receipt by recipient as indicated on the carrier's receipt. The record addresses of the parties are as follows:

 

LG&P SECURITY SERVICES

P.O. BOX 6082. RENO, NV. 89513

 

1. Amendment. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement will be binding unless it is in writing and signed by both parties.

 

1. No Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by this Agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy will be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.

 

1.  Governing Law. This Agreement and any dispute arising from the relationship between the parties to this Agreement, shall be governed and determined by California law, excluding any laws that direct the application of the law of another jurisdiction. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in the County of Monterey, California, by arbitration and the parties expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere.

 

1. Arbitration. The parties agree that any dispute between them including, but not limited to, termination of employment, shall be submitted to binding arbitration, the cost for which shall be paid for by Company.

 

1. Severability. If any term or condition of this Agreement is invalid or unenforceable, that shall not affect the validity or enforceability of the remaining terms and conditions in this Agreement.

 

1. Binding Effect. This Agreement will insure to the benefit of and be binding upon the successors and assigns of the Company and employee.

 

1. Integration. This Agreement, any employment agreement between employee and Company, and all other agreements and exhibits referred to in this Agreement constitute the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on any representation or warranty outside those expressly set forth in this Agreement.

 

If you are questioned by someone outside the Company or your department and you are concerned about the appropriateness of giving them certain information, you are not required to answer. Instead, as politely as possible, refer the request to your supervisor.

 

Law Enforcement Contacts

We will make every attempt to assist outside Law Enforcement agencies with anything related to official business. Prior to making any statement to a law enforcement official you are required to make contact with your immediate supervisor.

 

Business Conduct and Ethics

No employee may accept a gift or gratuity from any customer, vendor, supplier, or other person doing business with the Company because doing so may give the appearance of influencing business decisions, transactions or service. Please discuss expenses paid by such persons for business meals or trips with the Company in advance.

 

News Media Contacts

Employees may be approached for interviews or comments by the news media. To ensure consistent and accurate information is disseminated from all areas of the Company, employees must not engage in a dialogue with the broadcast, print, or wire media without the approval of the Director. Potential penalties are associated with employees improperly revealing material, non-public information, or disseminating misleading information. In order to minimize the risk of subjecting both the employee and the Company to such penalties, as well as to maintain appropriate channels of communication with the media, employees must follow the following guidelines:

 

• The Director must coordinate all media inquiries and must be present via telephone or in person.

• If the media contacts you on a company matter either at work or off-site, refer the call to the Director of LG&P Security.

• The arrest of a media representative shall be a last resort. If a contact with a media representative is leading towards an arrest, the appropriate procedure is to contact the local law enforcement officials for assistance. Generally, prior to the arrest of a media member, the Director shall be contacted if possible. In all cases where the arrest and or use of force deployment is utilized with a member of the media, the Director shall be notified immediately.

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Operational Considerations

 

Employer Property

Lockers, computers, vehicles, uniforms, pagers, cell phones, radios etc. are Company-owned items and must be maintained according to Company rules and regulations. All property shall be used for business purposes only. They must be kept clean and are to be used only for work-related purposes. The Company reserves the right to inspect all Company property to ensure compliance with its rules and regulations, without notice to the employee and at any time, not necessarily in the employee’s presence. Company voice mail and/or electronic mail (e-mail) are to be used for business purposes only. The Company reserves the right to monitor voice mail messages and email messages to ensure compliance with this rule, without notice to the employee and at any time, not necessarily in the employee’s presence.

 

No personal locks may be used on Company-provided lockers unless the employee furnishes a copy of the key or the combination to the lock. Unauthorized use of a personal lock by an employee may result in losing the right to use a Company locker or the lock cut off.

 

The Company may periodically need to assign and/or change “passwords” and personal codes for voice mail, email, and computers. These communication technologies and related storage media and data bases are to be used only for Company business and they remain the property of the Company. The Company reserves the right to keep a record of all passwords and codes used and/or may be able to override any such password system. 

 

Prior authorization must be obtained before any Company property may be removed from the premises.

 

For security reasons, employees should not leave personal belongings of value in the workplace. Personal items are subject to inspection and search, with or without notice, with or without the employee’s prior consent. 

 

Terminated employees should remove any personal items at the time they leave the Company. Personal items left in the workplace are subject to disposal if not claimed at the time of an employee’s termination.

 

Use of Electronic Media

The Company uses various forms of electronic communication including, but not limited to computers, email, telephones, Internet. These systems are used for business purposes only. All electronic communications, including all software, databases, hardware, and digital files, remain the sole property of the Company and are to be used only for Company business and not for any personal use.

 

Electronic communication and media may not be used in any manner that would be discriminatory, harassing or obscene, or for any other purpose that is illegal, against Company policy or not in the best interest of the Company.

 

Employees who misuse electronic communications and engage in defamation, copyright or trademark infringement, misappropriation of trade secrets, discrimination, harassment, or related actions will be subject to discipline and/or immediate termination.

 

Employees may not install personal software on Company or client computer systems.

 

All electronic information created by any employee using any means of electronic communication is the property of the Company and remains the property of the Company. Personal passwords may be used for purposes of security, but the use of a personal password does not affect the Company’s ownership of the electronic information.

 

The Company will override all personal passwords if necessary for any reason.

 

The Company reserves the right to access and review electronic files, messages, mail, and other digital archives, and to monitor the use of electronic communications as necessary to ensure that no misuse or violation of Company policy or any law occurs.

 

Employees are not permitted to access the electronic communications of other employees or third parties unless directed to do so by Company management.

 

Employees who use cell phones, cordless phones, portable computers, and fax communications should not use these methods for communicating confidential or sensitive information or any trade secrets.

 

Access to the Internet, websites, and other types of Company-paid computer access are to be used for Company-related business only. Any information about the Company, its products or services, or other types of information that will appear in the electronic media about the Company must be approved by the Director before the information is placed on an electronic information resource that is accessible to others.

 

Members of the management team or their designee may listen in and/or record any and all calls related to LG&P Security to ensure employees are being respectful and responsible. Calls may be monitored or recorded (included but not limited to) training purposes to critique customer service skills and/or provide feedback on job performance as needed. Employees will be informed that they may be monitored at any time during phone calls without notification. 

 

Questions about access to electronic communications or issues relating to security should be addressed to the Director.

 

Off-Duty Use of Facilities

Employees are prohibited from remaining on Company or client premises or making use of Company or client facilities while not on duty. Employees are expressly prohibited from using Company facilities, Company property, or Company equipment for personal use. This includes Company or client TV's, cable systems, telephones etc. Civil and Criminal prosecution may result from the misuse.

 

Employee Property

An employee’s personal property, including but not limited to lockers, packages, purses, and backpacks, may be inspected upon reasonable suspicion of unauthorized possession of Company property

 

Security/Workplace Violence

The Company has developed guidelines to help maintain a secure workplace. Be aware of persons loitering for no apparent reason in parking areas, walkways, entrances and exits, and service areas. Report any suspicious persons and/or activities to security personnel. Secure your desk or office at the end of the day. When called away from your work area for an extended length of time, do not leave valuable and/or personal articles in or around your workstation that may be accessible. The security of facilities as well as the welfare of our employees depends upon the alertness and sensitivity of every individual to potential security risks. You should immediately notify your supervisor when unknown persons are acting in a suspicious manner in or around the facilities, or when keys, security passes, or identification badges are missing.

 

Health and Safety

All employees are responsible for their own safety, as well as that of others in the workplace. To help us maintain a safe workplace, everyone must be safety-conscious at all times. In compliance with Nevada law, and to promote the concept of a safe workplace, the Company maintains an Injury and Illness Prevention Program. The Injury and Illness Prevention Program is available for review by employees and/or employee representatives in the Human Resources office. the Company will inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity.

 

Smoking

In keeping with the company’s intent to provide a safe and healthful work environment, smoking in the workplace is prohibited except in those locations that have been specifically designated as smoking areas. In situations where the preferences of smokers and nonsmokers are in direct conflict, the preferences of nonsmokers will prevail.

 

Smoking is not allowed in any enclosed area of the facility or in the presence of the general public or clients. Employees are only permitted to smoke while on a Company approved rest period and out of the publics or clients eyes, and only in designated areas specified by the client. If the client has a no smoking policy at the facility, than smoking is not permitted while on duty.

 

Parking

Employees may park their vehicles in designated areas, if space permits. If space is unavailable, employees must park in permissible public areas in the vicinity of the Company property. Employees may not use parking areas specifically designated for customers, vendors, Company vehicles, or reserved for managers. The Company is not responsible for any loss or damage to employee vehicles, including citations and or towing for parking in an inappropriate space, or contents while parked on Company property.

 

Solicitation and Distribution of Literature

In order to ensure efficient operation of the Company’s business and to prevent disruption to employees, we have established control of solicitations and distribution of literature on Company property. The Company has enacted rules applicable to all employees governing solicitation, distribution of written material and entry onto the premises and work areas. All employees are expected to comply strictly with these rules. Any employee who is in doubt concerning the application of these rules should consult with his or her supervisor. 

 

No employee shall solicit or promote support for any cause or organization during his or her working time or during the working time of the employee or employees at whom such activity is directed. 

 

No employee shall distribute or circulate any written or printed material in work areas at any time, or during his or her working time or during the working time of the employee or employees at whom such activity is directed. Under no circumstances will nonemployees be permitted to solicit or to distribute written material for any purpose on Company property.

 

Conducting Personal Business

Employees are to conduct only Company business while at work. Employees shall not conduct personal business or business for another employer during their scheduled working hours. Employees are not allowed to conduct personal business on their cell phone while on duty.

 

Employees Who are Required to Drive

Employees who are required to drive a Company vehicle or their own vehicles on Company business will be required to show proof of current valid driving licenses and current effective insurance coverage before the first day of employment. The Company participates in a system that regularly checks state Department of Motor Vehicles (DMV) records of all employees who drive as part of their job.

The Company retains the right to transfer to an alternative position, suspend or terminate an employee whose license is revoked, or who fails to maintain personal automobile insurance coverage or who is uninsurable under the Company’s policy.