CHAMPION HOME INSPECTION, LLC “AT WILL” EMPLOYMENT AGREEMENT
This is an “at will” employment agreement (Agreement) between Champion Home Inspection, LLC (CHAMPION) and the employee whose signature appears below (Employee), collectively referred to as “the parties.” In consideration of the promises in this Agreement, the parties agree as follows:
- Title and Compensation.
- Employee will be an exempt employee under the Fair Labor Standards Act. Employer shall employ Employee as a home inspector and pay Employee on a production-based basis as set forth below. Employee shall not be entitled to any compensation or benefits from Employer other than those set forth in this Agreement. CHAMPION will pay Employee bi-weekly (on the 1st and 15th of each month).
Failure to provide your required time card no later than the Sunday before may result in your pay being delayed and/or paid on the next payroll. An email reminder is sent the Thursday before as a reminder.
- CHAMPION will pay $15.5 per hour per inspection during training prior to licensing. During training, Employee must be available for a 40-hour work week dictated by Champion.
- After Employee completes training and obtains all required licenses, and after CHAMPION determines that Employee can perform solo inspections, CHAMPION will pay Employee as follows:
- A base pay of $100 per inspection level 1 inspector, increase in base pay is considered by both the number of inspections and additional abilities to perform ancillary services. This equals about $25 per hour.
- Radon training and licensing are on a per-inspector basis. If and when an inspector earns their radon license their base pay will increase by $5.00. This increase is to cover all radon drops, pickups, uploading reports, updating tracking information to tracking spreadsheets and returning kits to the office.
- Plus $20.00 for each wood-destroying insect report created (licensing required).
- Plus $20.00 for a mold test performed with a home inspection (certificate of training required.)
- Plus $40.00 for each sewer scope with an inspection.
- Re-inspection 1 to 9 items $50
- Re-inspection of 10 or more items $82
- Stand-alone wood destroying insect report created (licensing required) $40.
- Stand-alone mold test $50 (certificate of training required).
- A stand-alone sewer scope is $60 when no less than $199 is charged.
- If two or more inspectors are on the same inspection, the lead inspector will be compensated for the ancillary services on the inspection order. All other inspectors will receive their base pay for performing the inspection.
- Training pay before inspecting is $15.50 per hour
- Admin Pay while at conferences, studying required continuing education, advanced in-person training, and company meetings is $20 per hour and you must have prior approval.
- You must complete your InterNACHI Certified Professional Inspector requirements prior to doing inspections in addition to licensing.
- Time over 40 hours, if you work 40 hours, 10 inspections, or 8 inspections with 2 4-hour blocks for total hours of 40 hours. Should you choose to work on the weekend Saturday or Sunday, there is a $50 built-in fee that goes directly to you when the above conditions are met. If admin time is worked over 40 hours, it must be approved by a manager and is paid at time and a half.
- During training you are on a probationary period, first 6 months, or as deemed by management if not completing 10 inspections per week, and you may be terminated for any reason at any time.
- Bonus structure, related to training, once you are completing 10 inspections a week and complete 40 inspections in 1 month, you get $1,500, once you complete another 120 inspections at 10 a week you get an additional $1,000 For a total of $2,500
- Complete the InterNACHI CPI and Indiana State Licensing online classes within 4 weeks of the date of your interview and get $1,000 at the 120 inspection mark. For a total of $3,500
- Pass the National Home Inspector Exam the first time through and get $1,000 at the 120 inspection mark. If you do both, $4,500
- Be doing 1 inspection on your own per day within 60 days of being here full time and get $500 to add to the 120 inspections for a total of $5,000
- If you complete 10 inspections per week, and are willing to work on the weekend, we can request a $ 50-weekend fee that goes directly to you, like an overtime charge that goes directly to you. You may waive it if they order an inspection with ancillary services like a gold package or with sewer scope because it’s basically the same amount. Chose the one that works in your favor.
- $50 per month of date night money, does not roll over month to month.
Please sign you understand these terms of pay here _______________.
- Champion Home Inspection LLC, also provides the following benefits to Employees:
- At this time there is no paid vacation during training, you may take time off with no pay. Time off needs to be submitted in advance (2 weeks) and must be approved by management. There is no time off except for emergency reasons while in the training period of 90 days or you are considered fully trained as by Champion Home Inspection LLC.
- Inspectors working full time 30 hours or more inspections per week earn 1 week of paid time off per year. Paid at inspection rate, not admin rate.
- We assume about 5 weeks of the year with no work. We calculate 47 weeks a year times your base inspection pay to calculate your base salary at 10 inspections a week.
- We track inspections from our software and pay accordingly. Employees must comply with Champion’s requirements to report all work performed. The software includes but is not limited to the reporting software Spectora, When I Work time tracking software, and Inspection Support Network, thereafter, known as ISN.
When I work tracks our time, you must be proficient and timely with the report or we have to counsel and let you go. This is a state reporting requirement and there is no exceptions.
- There is no promise of a specific number of hours or inspections. After training, this will vary depending on many factors, including the employee’s pace and report-writing capabilities. Employee understands the inspection industry can be seasonal and there will be periods with reduced scheduled appointments, lower weekly inspections, and reduced earnings. Some clients and agents will only work with specific inspectors, and employee understands this.
Admin time can be granted and must be approved by a supervisor in advance.
- Champion Home Inspection will provide the training it deems appropriate, a work computer or tablet and related software, Champion Home Inspection branded apparel, tools, and required insurance. Champion Home Inspection will pay for membership in a professional home inspector association (InterNACHI), which provides additional training modules to better the inspector’s knowledge base. Employees must comply with InterNACHI’s continuing education requirements. Champion Home Inspection will provide and pay for E&O insurance, home inspection tools, and marketing materials. Champion Home Inspection will provide a phone to call clients back as needed and submit required Inspector Lab reports for inspections. Champion Home Inspection reserves the right to improve or change the terms, conditions, or requirements upon notice to Employee.
- Other terms and conditions of employment are attached as EXHIBIT A and part of this agreement.
- At Will Status. The employee will be an “at will” Employee. CHAMPION HOME INSPECTION may terminate Employee’s employment at any time for any reason or for no reason.
- Employee Notice if Employee Leaves Employment. If Employee wants to end employment with Champion Home Inspection, Employee will notify Champion Home Inspection in writing at least 2 weeks’ notice prior to Employee’s last day of work.
- Non-Disclosure/Non-Solicit Agreement, Non-Compete(during-employment).
In consideration of the training to be provided by Employer to the Employee, Employee will not, either during employment with Employer, directly, or indirectly, for himself/herself or any third party, accept employment or engage in any business or activity which is directly or indirectly in competition with Employer while employed with the Employer. The employee will not solicit any current customer or potential customer of Employer identified during the course of employment with Employer, or otherwise divert or attempt to divert any existing business of Employer. The employee will not, either during employment with Employer or for a period of two years thereafter, either directly or indirectly, for Employee or any third party, solicit, induce, recruit, or cause another person in the employ of Employer to terminate his/her employment for the purpose of joining, associating or becoming employed with any business or activity which is in competition with any products and/or services sold, marketed, or provided by Employer. The geographical area to which this non-disclosure/non-solicit agreement applies is any area in which Employer currently solicits or conducts business, and/or any area in which Employer plans to solicit or conduct business for a period of two years after Employee leaves employment with Employer. Both parties agree that the time and scope of this non-disclosure/non-solicit agreement are reasonable. If a court finds the time and/or scope of this non-disclosure/non-solicit agreement unreasonable, it should reasonably modify the agreement to protect the Employer to the maximum permitted by law.
- Return of Employer’s Property. At any time upon the demand of Employer, and in any event, upon the termination of employment with Employer, Employee will immediately deliver to Employer all data, manuals, specifications, lists, notes, writings, customer and product lists, photocopies, microfilm, tape recordings, computer disks, patterns, artwork, and all other documents or tangible materials whatsoever, including all copies or duplicates, concerning any part of Employer’s activities or concerning any part of my activities as an employee. Employee acknowledges that all such items, including Employee’s own notes, are the property of Employer, though they may be entrusted to Employee on a temporary basis.
Due to the cost of the equipment being in excess of $1,000 if the equipment is not returned within 10 business days and in working condition. Legal actions will be initiated, not limited to filing a claim with the Sheriff’s office.
- Confidentiality. The employee will not, either during employment with Employer or at any time thereafter, except as required in the conduct of the business of Employer or as authorized in writing by Employer use, publish, disclose, appropriate or communicate, directly or indirectly, any of the following information which Employee, in any way, have acquired or may acquire during, or by reason of, employment with Employer:
- marketing, sales, service, cost, business method, formula, product specification, planning, engineering, and/or technical information relating to Employer, as well as customer lists and/or any other information which could give any third party an opportunity to obtain an advantage over competitors who did not know such information; and
- trade secrets, which are used by Employer and which give it an opportunity to obtain an advantage over competitors who do not know those trade secrets.
- Injunctive Relief. Employee understands that in the event Employee violates any provision of this Agreement, Employer will have the full right to seek injunctive relief, in addition to any other existing rights provided in this agreement or by operation of law, without posting bond.
In the event, Employee violates any provision of paragraphs 4-6 above and Employer determines that actual damages cannot reasonably be ascertained, Employer may elect, to recover liquidated damages in the amount as determined by the court system, plus court costs, litigation expenses, and actual and reasonable attorneys’ fees to be paid by the party found at fault.
- Disputes, Attorneys Fees, Costs, Venue, Waiver of Jury.
- If Employee has a dispute or claim of any kind with CHAMPION, Employee must notify CHAMPION in writing in sufficient detail and with sufficient supporting documents so that CHAMPION can understand the dispute or claim. If the parties cannot resolve the dispute within 21 days of that notice, the parties will participate in non-binding mediation, with each party to pay ½ the costs of mediation. The mediator shall be Edward W. Johnson, Esq. of Evansville. If he cannot serve for any reason, the mediator shall be Jeffrey W. Ahlers, Esq. of Evansville. Notice and mediation are prerequisites to the filing of any action against CHAMPION.
- In the event of litigation arising out of this agreement, the parties agree that the exclusive venue for such litigation shall be in Warrick County, Indiana. The parties agree that if Employer prevails in any litigation the Employee shall pay the Employer’s reasonable attorneys’ fees and costs. The parties waive the trial by jury.
- Scope and Term of Agreement. Employee understands this agreement applies regardless of whether there are any changes in Employee’s job duties, job title, and/or the location of the place of work. This agreement shall remain in full force and effect if Employee voluntarily terminates employment and thereafter is rehired; under such circumstances. Employee will read, understand an sign a new agreement and will not be bound by the terms of the old agreement, for the new period going forward.
- Severability. If any provision of this Agreement shall be held invalid by a court of law for any reason, the remaining provisions shall remain in full force and effect.
- Modification. This agreement may not be waived, changed, modified, abandoned, or terminated, in whole or in part, except by an instrument signed by Employer and Employee.
- No Other Agreements. There are no agreements between the parties other than those set forth herein. The parties intend this document to be a full and complete statement of their agreement, and all prior discussions are merged into this document. The employer has made no representations to the employee other than those specifically set forth herein.
- Interpretation Clause. Employee agrees that Employer has given Employee the opportunity to have this document reviewed by an attorney. The parties negotiated the terms herein. This Agreement shall not be interpreted more strictly against either party merely because that party drafted it.
- Assignability. Employee agrees that the terms of this agreement will continue in full force and effect if Employer or substantially all of its assets is/are acquired by another owner.
EXHIBIT A – ADDITIONAL TERMS AND CONDITIONS
Based on the home inspection industry and client need(s), Champion currently schedules appointments 6 days a week with up to 2 appointment slots per inspector, per day. This will require the employee to be on call to meet these potential needs. Initially, once deemed ready by Champion, the employee will be available for one inspection per day Monday-Friday. The employee will be required to work one appointment slot Saturday morning, once per month, and will have Sundays off unless agreed upon otherwise. The employee will build upon work experience that will eventually require the availability of 8-10 time slots per week. If Champion feels the employee is performing at their peak, a more than 2-per-day schedule may be accommodated. Employees may at their own request work more Saturdays if desired. There is absolutely no minimum guarantee for the employee to work the full available time slots allocated, as seasonality, availability, or client preference can dictate appointments worked during a given week.
Employee is responsible to inform Champion of any appointments and needed days off at least 14 days in advance in writing (email). Champion will allow one employee to have any given day off as needed (excluding noted holidays, training days). Champion books appointments at least 5+ days out and adjustments to requested days off require advance notice. Time off is unpaid as are any additional requested vacation days/weeks. Each employee earns 1 week of paid time off to be used at their discretion with the approval of management. A full-time employee is 40 hours per week, averaging 30 inspections minimum per month. Champion does not schedule employees to work on Sundays(unless requested), July 4th, Thanksgiving Day, Christmas Eve, or Christmas Day. In the event, two people or more people request the same time off the person that submits the time off request first receives the priority approval. As proven by the date/time stamp in the email submitted for the requested time off. All final approvals are determined by the supervisor in charge as needed.
- Employee may be expected to attend certain marketing functions and is compensated at the admin rate. This may include lunches, Realtor events, sponsor events, or other local Realtor-sponsored events that are deemed important by Champion. Champion sponsors annual golf tournaments and extends invites to employees to play if they desire, these are social events and are unpaid.
- Any inspection that is canceled without prior notice and inspector shows up on site and no inspection takes place, inspector will be paid their base inspection rate for 4 hours of work. The inspector is expected to track in When I Work what they did with that time. Such as admin, continuing education, marketing Etc and notify the office for approval of the use of time at the time they are notified of the inspection not taking place.
- All booking appointments must be routed to the main Champion number and office. Employee will not book any appointments themselves(unless authorized) with the exception of the occasional re-inspection if they are available, and with Champion approval. Employee is responsible to view and know where and when to be onsite at inspections. This is visible from the Inspection Support Network (ISN) system and the ISN employee phone application. The employee is aware that next-day appointments will be scheduled and the employee must be prepared to work these time slots, sometimes with just a few hour’s notice the night before, unless they have been pre-scheduled off. The office will call and email the employee when a next-day appointment is scheduled.
- The employee is expected to complete re-inspections upon request of the client/agent. Champion may assign re-inspections to the employee on any inspection jobs not only those solely completed by said employee. (i.e.) due to vacation leave, illness, etc.
- Champion will pay for employees’ initial Indiana Home Inspector license testing (twice). Employees may choose to pay for a third test at their expense; should the employee fail to pass after 3 attempts, Champion will terminate employment. Champion will also pay for license renewals; the employee is responsible to follow all required national and state home inspection policies/procedures and standards to maintain license and to ensure liability is reduced for Champion. It is understood by employees that failure to follow required state and national home inspection operating procedures will lead to termination.
- The employee may be offered to attend an annual Major Conference. Should employees be selected to attend, Champion agrees to pay costs for conference registration, fees, food, and lodging. If an employee backs out of the conference after registration, fees for airfare and lodging may be deducted from future earnings.
**Champion may occasionally extend or require employees to attend extended or advanced/other
training courses, at Champion’s expense during the year. These courses will be attended by the employee and unpaid(maybe paid as approved by Champion Home Inspection) for their continued education or improvement. Lodging or meal costs for these training courses will be paid by Champion if needed.**
- The employee is responsible to have a working home office area at their residence with a reliable internet connection, printer, and cell phone to complete reports as needed, or research, and complete training.
- Employee is expected to show up on job site 15 minutes prior to inspection time, wearing Champion professional clothing requirements, and maintaining the professional appearance of themselves and their Champion branded vehicle. The employee will have spare Champion branded apparel in the vehicle should they need to change between appointments to maintain a professional appearance. The employee will silence their phone while on-site (texting from in the vehicle or out of site from clients is acceptable AS required). Texting while driving will not be tolerated and is means for immediate termination. The employee must converse in a professional, non-alarming manner and conduct themselves in a professional manner at all times. The employee will then give a brief overview of what will occur during the inspection, ask about any general concerns about the structure, and Employee is responsible for getting a signed inspection agreement before the inspection report is sent out. This is also completed via ISN when the report is uploaded. Reports are prepared and will be delivered via email within 28 hours of the inspection. Every attempt will be made to upload reports within 28 hours. Failure to notify a supervisor and document the reason for the delay in ISN will result in written counseling and which in turn may result in termination of employment.
- Employee is responsible to attend all home inspection callbacks on their own or with senior inspector without compensation. The employee is required to call a senior inspector or owner immediately upon causing any damage on-site and is encouraged to stay on-site or follow up as needed to eliminate any such claims. If callback results in a significant oversight, liability, or large loss to Champion (determined by Champion), this can constitute immediate termination of employment with Champion due to the nature and potential liability in the home inspection industry.
- Employee is required to accept payments on-site as needed. Champion offers clients pre-payment options, but clients do not always opt to use these methods. We accept cash, checks, or cards on-site, all checks are made payable to Champion, or Champion Home Inspection. The employee is responsible to drop off cash or checks to the office within 48 days. The monies and checks will go to manager(Stephen), who will then mark ISN paid.
- Employee will have an assigned Champion email address, and this email must be used for all work-related purposes only. This email address appears on business cards and reports, which will lead clients and agents to email employees with questions and needs. The employee must reply promptly to all requests, or refer needed items, or issues, back to Champion as soon as possible. Champion or the Champion office staff may reach out to employees via email or personal phone for inspection needs or requests. Employee agrees to respond as needed to these requests promptly. Answering or talking on the phone while on site is not allowed.
- Employee understands that Champion territory is very spread out and can be rural often requiring over 1-hour travel one way. Travel to the job site and home is unpaid. The employee must plan accordingly for travel times, heavy travel days, potential weather, or traffic. Often appointments will offer no cell phone reception making late arrivals unknown to clients or agents. Multiple late arrivals or feedback from late arrivals, or poor conduct onsite, will lead to disciplinary action, and/or termination. s
See the company handbook for the most current reimbursement methods.
- Employee must be able to lift and carry up to 50lbs. as well as be very comfortable with slippery conditions, heights and able to navigate needed inspection areas. This includes traversing up and down ladders, navigating roofs, crawling attics, and crawl spaces. Some of these spaces are very tight and unpleasant but needed and care must be taken while traversing. If an employee is injured or unable to perform these tasks, they MUST inform Champion immediately. Safety is of utmost concern to Champion, but the employee is ultimately responsible for safety while on site. Indiana state home inspection standards mandate that an inspector may exclude any area that is too small, or areas that cannot be easily or safely navigated (i.e., too small, damp, too much debris). The decision to exclude or partially inspect is the sole discretion of the inspector to determine while on site. Should a roof, attic, or crawlspace be unsafe, or too small to safely navigate, the employee is required to state this is excluded in their report and inform clients that they could not traverse, and why. Reasonable attempts to view these areas must be made (i.e. roofline, attic entry, crawl space entry).
- Our company’s Human Resources contact, is Kathleen Lapekas, with HR Consulting inc. Her business phone number is 812-457-1068. Prior approval to contact her is required, the reason for contact is not required due to the cost to the business for this service we have this policy.