Section I: Employment
On behalf of the Chief Executive Officer, Director of Operations and the entire operations staff here at Xpress Cargo it is with great pleasure that we welcome you to our family of employees!
We are very pleased that you have chosen to accept our offer of employment. We would also like to encourage you to read through and familiarize yourself with the information provided here in the Employee Handbook. Please do so as soon as possible, as it will aide you in getting acquainted with the Company and its Policies and Procedures.
We are all excited about the enormous contribution that you will make to the Company.
We are, indeed, a family of employees and a team. However, we are committed to outstanding support and a positive work environment for your individual success; because, ultimately, the team wins when you are successful.
The Leadership at Xpress Cargo
"At-Will" means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.
Nothing contained in the Company's Employee Handbook or in any oral or written statement shall change your employment At-Will status or otherwise limit the right to terminate employment At-Will. Policies set forth in this Employee Handbook are not intended to create a contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between the Company and any of its employees. No manager or employee of the Company shall have authority to enter into an employment agreement — express or implied — with any employee providing for employment other than At-Will. This policy of At-Will employment defines the sole and entire relationship between you and the Company as to the duration of your employment and the circumstances under which your employment may be terminated.
Except for this employment At-Will policy, the terms and conditions of your employment with the Company may be modified, changed or revoked at the sole discretion of the Company for any reason at any time. No implied contract concerning any employment-related decision or term, or condition of employment can be established by any other statement, conduct, policy, or practice. Examples of the types of terms and conditions of employment that are within the sole discretion of the Company include, but are not limited to, the following: promotion, demotion, transfers, hiring decisions, compensation, benefits, qualifications, discipline, layoff or recall, rules, hours and schedules, work assignments, job duties and responsibilities, production standards, subcontracting, reduction, cessation, or expansion of operations, sale, relocation, merger, or consolidation of operations, determinations concerning the use of equipment, methods, or facilities, or any other terms and conditions that the Company may determine to be necessary for the safe, efficient and economic operation of its business.
The Company is an Equal Opportunity Employer that does not discriminate on the basis of actual or perceived race, color, national origin, ancestry, sex, gender, gender identity, pregnancy, childbirth or related medical condition, religious creed, physical disability, mental disability, age, medical condition (cancer), marital status, veteran status, sexual orientation, genetic information or any other characteristic protected by federal, state or local law. Our management team is dedicated to this policy with respect to recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, employee activities and general treatment during employment.
The Company will endeavor to make a reasonable accommodation to the known physical or mental limitations of qualified employees with disabilities unless the accommodation would impose an undue hardship on the operation of our business. If you need assistance to perform your job duties because of a physical or mental condition, please let Management know.
The Company will endeavor to accommodate the sincere religious beliefs of its employees to the extent such accommodation does not pose an undue hardship on the Company's operations. If you wish to request such an accommodation, please speak to Management.
Any employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of Management. The Company will not allow any form of retaliation against individuals who raise issues of equal employment opportunity. To ensure our workplace is free of artificial barriers, violation of this policy will lead to discipline, up to and including discharge. All employees must cooperate with all investigations.
Open Door Policy
According to the Company's commitment to cultivate open communication with all of its employees, the following process is an objective means of identifying, acknowledging and resolving issues and concerns.
Communication is vital in the framework of workplace relationships; on all levels, from peer to peer, superior to subordinate, and employee to customer. Employees should feel comfortable raising issues of concern or importance. To that end, Supervisors and the Management Staff are responsible for establishing, maintaining and ultimately nurturing the lines of communication with employees.
Employees should bring forward their concerns to their respective Manager either verbally or in writing; however if the issue or concern involves the Manager or if the employee is otherwise uncomfortable, raising it with his/her Manager; issues can be brought forward to any member of Management this includes the Director of Operations, the COO and yes even the CEO. Issues should be raised and addressed as quickly as possible, preferably within three days of the incident. (The employee will be asked to provide details of the problem or issue of concern. The Manager will gather and review the relevant facts and provide a response to the employee. If necessary, a meeting or meetings will be held with the employee and the manager. Responses to the employee will be provided in a timely manner, generally within 10 days of the meeting.)
If unresolved, the matter should be brought forward to Human Resources for resolution. If necessary, a meeting will be held with the employee, manager and Human Resources in situations that the employee feels the response or solution has been unjust or inequitable. If concern persists, the employee may pursue further steps to resolve the situation.
The Company has established certain employment classifications so that employees understand their employment status and benefit eligibility. These classifications have been established in accordance with applicable federal and state law. Nothing in this policy shall be construed to limit or change the Company's employment At-Will policy. All employment with the Company is for an unspecified time and the right to terminate the employment relationship at will, at any time, with or without cause or notice is retained by both the employee and the Company.
1. Every employee is designated as either exempt or non-exempt.
A. Exempt employees are those who are exempt from federal and state overtime laws and generally are paid a fixed amount of compensation that does not vary based on the number of hours worked.
B. Non-exempt employees are those who are entitled to overtime pay in accordance with applicable federal and state overtime provisions. For all hours worked in excess of 40 hours in one-week, non-exempt employees will be paid at one and one-half times the employee's regular rate of pay.
2. In addition, every employee will be further classified as either regular full-time, regular part-time, or contract.
A. Regular full-time employees are those who are not in a temporary status and who are regularly scheduled to work at least 40 hours per week.
B. Regular part-time employees are those who are not in a temporary status and who are regularly scheduled to work less than 40 hours per week. Regular part-time employees receive all legally mandated benefits (such as employer-paid social security contributions and workers' compensation insurance).
Adjustment Period – First 90 Days
Based on performance, the trial period will be evaluated at 90 days; and could be extended to six months. The Company may, at its sole discretion, extend the adjustment period. During the adjustment period, you will have an opportunity to demonstrate whether you can meet the job requirements and determine whether the position and this Company is a good fit for you.
During this adjustment period, employees may resign or may be terminated at any time. This period of adjustment in no way limits the Company's right to discipline employees at any time. The term "adjustment" does not imply permanency; and an employee will remain a regular At-Will employee after the adjustment period has expired. Employment with the Company is and will remain At-Will and may be terminated at any time by the employee or by the Company at any time. No paid time off (including holidays) will be granted to employees during this adjustment period. The Company will conduct a formal performance review at the end of the probationary period.
Personal Data Changes
It is the responsibility of each employee to promptly notify the Company of any changes in personal data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be emergency contacts, educational accomplishments and other such status reports should always be accurate and current. If any personal data has been changed, please notify the Human Resources department.
Also, please inform the Human Resources of any specialized training or skills you may acquire in the future, as well as any changes to any required visas. Unreported changes of address, marital status, etc. can affect your withholding tax and benefit coverage. Further, an "out of date" emergency contact or an inability to reach you in a crisis could cause a severe health or safety risk or other significant problem.
The Company is strongly committed to providing a safe workplace. The purpose of this policy is to minimize the risk of personal injury to employees and damage to Company and personal property.
We do not expect you to become an expert in psychology or to physically subdue a threatening or violent individual. Indeed, we specifically discourage you from engaging in any physical confrontation with a violent or potentially violent individual. However, we do expect and encourage you to exercise reasonable judgment in identifying potentially dangerous situations.
Experts in mental health professions state that, prior to engaging in acts of violence, troubled individuals often exhibit one or more of the following behaviors or signs: over-resentment, anger and hostility, extreme agitation, making ominous threats such as suggesting that bad things will happen to a particular person or that a catastrophic event will occur, sudden and significant decline in work performance, irresponsible, irrational, intimidating, aggressive or otherwise inappropriate behavior; and reacting to questions with an antagonistic or overtly negative attitude, discussing weapons and their use; and/or brandishing weapons in the workplace, overreacting or reacting harshly to changes in Company policies and procedures, personality conflicts with co-workers, obsession or preoccupation with a co-worker or Supervisor, attempts to sabotage the work or equipment of a co-worker, blaming others for mistakes and circumstances, demonstrating a propensity to behave and react irrationally.