COMPANY HANDBOOK AND REQUIRED PROTOCOLS

RESERVATION OF RIGHTS & HANDBOOK MODIFICATION:

PEARL PROPERTIES RESERVES THE SOLE DISCRETION TO FLEXIBLY INTERPRET, MODIFY, AMEND, SUPPLEMENT, SUSPEND, OR CANCEL ANY POLICY, PROCEDURE, BENEFIT, OR PROVISION IN THIS HANDBOOK AT ANY TIME, WITH OR WITHOUT ADVANCE NOTICE. NO STATEMENT IN THIS HANDBOOK CONSTITUTES A CONTRACT OF EMPLOYMENT OR A GUARANTEE OF CONTINUED EMPLOYMENT.

EMPLOYMENT OPPORTUNITY (EEO) STATEMENT

PEARL PROPERTIES IS AN EQUAL OPPORTUNITY EMPLOYER. WE PROHIBIT DISCRIMINATION AND HARASSMENT OF ANY TYPE AND AFFORD EQUAL EMPLOYMENT OPPORTUNITIES TO EMPLOYEES AND APPLICANTS WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, PREGNANCY, NATIONAL ORIGIN, AGE, DISABILITY STATUS, GENETIC INFORMATION, PROTECTED VETERAN STATUS, OR ANY OTHER CHARACTERISTIC PROTECTED BY FEDERAL, STATE, OR LOCAL LAWS. THIS POLICY APPLIES TO ALL TERMS AND CONDITIONS OF EMPLOYMENT, INCLUDING RECRUITING, HIRING, PLACEMENT, PROMOTION, TERMINATION, LAYOFF, RECALL, TRANSFER, LEAVES OF ABSENCE, COMPENSATION, AND TRAINING.

WRITTEN COMMUNICATION

All work communications, including texts, emails, Resman notes, work documents, and maintenance requests, should always be signed with your name or initials. All communication with residents should be via company email, Resman texts or phone calls from our landline only. Please do not text residents/tenants using your cell phone, regardless of whether you’re using your personal or company cell, unless it’s absolutely essential (for example, maintenance calling a resident for details regarding an after-hours maintenance emergency). If you must contact a resident with a cell phone, please dial *67 before entering their number so that your cell number does not appear on their caller ID. You may also download and use our phone system app on your cell so that you can answer office calls remotely. The intention is for residents to reach us through our office number and not reach out to individual members of the team. All management conversations with residents must occur using the Resman phones, which record the conversation.

CELL PHONE POLICY

All employees are required to have a working cell phone during business hours and when on call. This cell may or may not be provided by the Company.

Text messaging or checking email is not permitted at any time while driving a vehicle for Company business. Cell phone use must be hands-free with no exceptions. Any calls that are necessary while driving should be limited to short conversations (request for locations, ETA’s, etc.). If you know the conversation is going to be longer than expected, Company policy requires you to pull over in a safe and legal place to finish your conversation.

All non-working calls should be made once the vehicle is safely parked. Accidents occurring while an employee is driving and using a cell may be considered preventable and subject to disciplinary action.

FIELD FORCE MANAGER

If you have been provided a company cell, you are required to have our workforce tracking system (currently Field Force Manager, but this may change). This program permits us to see your location in real time, allowing management to delegate tasks efficiently.

VALID DRIVER'S LICENSE AND CAR INSURANCE

As a small business, all employees are asked to be available to work at all locations. Accordingly, all employees are required to have a valid license, working vehicle and valid car insurance at all times. If these lapse at any time, it is the employee’s responsibility to immediately notify management. Not notifying management of lapses is grounds for immediate termination, at management’s discretion.

FINANCIAL RESPONSIBILITY FOR EQUIPMENT

All employees may be held financially responsible for the damage to or loss of company property, including but not limited to tools, cell phones, vehicles, computers, etc., due to negligence or abuse. Employees may be responsible for full replacement cost, at the company’s sole discretion.

TEXAS PAYDAY LAW COMPLIANCE NOTICE: IF AN EMPLOYEE HAS BEEN ISSUED PROPERTY AND IT IS NOT RETURNED OR IS DAMAGED, THE COST CAN ONLY BE DEDUCTED FROM THE PAYCHECK IF THE EMPLOYEE HAS SIGNED A PRIOR, SEPARATE, WRITTEN WAGE DEDUCTION AUTHORIZATION. FOR NON-EXEMPT EMPLOYEES, DEDUCTIONS SHALL NOT REDUCE PAY BELOW THE FEDERAL MINIMUM WAGE ($7.25/HR) OR INFRINGE UPON EARNED OVERTIME COMPENSATION UNDER THE FAIR LABOR STANDARDS ACT (FLSA).

Employees may not use company property for personal use under any circumstance without express permission from the general manager or operations director.

QUALITY AND EFFICIENCY OF WORK

When work is done incorrectly, it also causes us to incur financial damage, either through loss of time, materials, or in a worst-case scenario, by having to redo the entire job or one that’s even more difficult than was originally necessary. If a job is above your technical ability, expertise or knowledge, it is your duty to advise your supervisor so that we may assist you as needed. It is your responsibility to work at your maximum possible efficiency and have good work ethic. Wasting of time, inefficiency, excessive breaks and/or excessive driving are grounds for disciplinary action.

RECEIPT OF PAYMENTS

We do not accept cash payments. Exceptions may only be made with supervisor approval. In this event, the receipt received must be signed by executive management.

All payments must be immediately recorded in our property management software. Employees may face disciplinary action, including termination of employment depending on the severity of the event, at management’s discretion for lost or mishandled payments. No direct salary deductions or cash penalties will be applied as a disciplinary measure unless a separate written agreement is executed.

EMPLOYMENT & FINAL PAYCHECK POLICY

Employment with Pearl Properties is entirely AT-WILL. This means either the employee or the company can terminate employment at any time, with or without cause or notice.

All temporary or new employees are subject to a 90 day trial period. During the probation period, employees will be given verbal warnings only regarding any behavior in need of improvement or that is in violation of company policy (no written warning are provided) and it is the employee’s responsibility to improve his or her performance. After the probation period, employees become eligible for the accrual of paid vacation and sick days. Employment is at will both during probation and afterward. Employees are expected not to request any time off or miss for any reason except a verifiable emergency or severe illness during the initial 90 days of employment, unless previously approved by management prior to the date of hire.

TEXAS FINAL PAYCHECK TIMELINES (TEXAS LABOR CODE § 61.014): IN ACCORDANCE WITH THE TEXAS PAYDAY LAW:

• INVOLUNTARY TERMINATION (DISCHARGED/LAID OFF): AN EMPLOYEE WHO IS SEPARATED FROM EMPLOYMENT INVOLUNTARILY WILL BE PAID THEIR FINAL EARNED WAGES WITHIN SIX (6) CALENDAR DAYS OF THE EFFECTIVE DATE OF SEPARATION.

• VOLUNTARY TERMINATION (RESIGNED): AN EMPLOYEE WHO RESIGNS VOLUNTARILY WILL BE PAID THEIR FINAL EARNED WAGES ON OR BEFORE THE NEXT REGULARLY SCHEDULED PAYDAY FOLLOWING THE EFFECTIVE DATE OF RESIGNATION.

ATTENDANCE POLICY

Punctual and regular attendance are essential functions of each employee’s job at Pearl Properties. Any tardiness or absence causes problems for fellow employees and supervision. When an employee is absent, his or her work must be performed by others.

Employees are expected to report to work as scheduled, on time and prepared to start work, and are expected to take no more than one hour for lunch. If an employee anticipates arriving to work more than fifteen minutes late, they must notify their supervisor. Employees are expected to remain at work for their entire work schedule, except for break periods or when required to leave on authorized company business. Late arrival, early departure, or other absences from scheduled hours are disruptive and should be avoided.

In all cases of absence or tardiness, employees must provide their supervisor with an honest reason or explanation. Documentations of the reason should be provided whenever possible and can be required for every absence at the company’s discretion. Employees also must inform their supervisor of the expected duration of any absence. Absent extenuating circumstances, an employee must call in advance of his or her regular starting time on any day on which the employee is scheduled to work and will not report to work. The required protocol is detailed below.

Excessive absenteeism (excused or not) may be grounds for discipline up to and including termination of employment. Each situation of excessive absenteeism or tardiness will be evaluated on a case-by-case basis. However, even one unexcused absence may be considered excessive, depending on the circumstances.

Any employee who fails to report to work without notification to his or her supervisor for a period of three consecutive scheduled workdays will be considered to have abandoned their job and voluntarily terminated employment. Two or more unauthorized absences (absences that do not follow the required protocol or that have not been approved by an employee’s supervisor) are also grounds for termination.

For the management team, there are never authorized absences during rent days (i.e. the 3rd of the month or the last business day prior to the 3rd) except for sudden illness or medical emergencies. For the maintenance team, there are never authorized absences when on call. Below are the protocols for requesting authorized absences for sick days, vacation or personal days.

ABSENCE PROTOCOL

Sick days

When calling-in sick you must call your direct supervisor no less than 1 hour prior to your scheduled shift. Text messages and emails will not be accepted. Once the direct supervisor has given approval, please notify general management via email (stefanie@pearlelpaso.com and alvaro@pearlelpaso.com) using the Absence Form. The subject of the email should be as follows: ABSENCE (all caps): Name of Employee, Date. This email should be sent immediately, but must be sent within 24 hours for the absence to be approved.

Following three months of employment, employees are eligible for up to 3 paid sick days that accrue on a monthly basis.

Pearl Properties reserves the right to require a negative lab-verified test result for communicable health conditions (such as COVID-19) prior to returning to work when symptoms are displayed or after extended sickness.

All absences longer than two days or that become overly frequent (more than 3 separate instances of absence in a 12 month period) require documentation or a doctor’s note to return to work; please send a digital copy of documentation to your supervisor and copy general management (stefanie@pearlelpaso.com and alvaro@pearlelpaso.com), and an original copy may be requested. Only letters from certified U.S. physicians are acceptable. Even when absences have not been excessive and are 2 days or fewer, employees are encouraged to provide medical verification, if it is available, as described above to both your direct supervisor and general management.

Unused sick days are accruable from year to year but have no monetary cash value upon separation of employment. Surplus days may occasionally be used, with approval from HR, to cover health-related personal days taken on behalf of family members.

Vacation/Personal Days

Employees accrue 5 vacation/personal days over the course of the year. They are eligible to use these days after one year of employment.

Vacation and personal days--including partial absences--must be requested by the employee to their direct supervisor no less than one week ahead of time. Exceptions are made for verifiable emergencies when documentation is provided using the process described above (call supervisor to request time off; send a digital copy to your supervisor and copy general management; an original copy may be requested). Once the direct supervisor has given approval, general management must be notified by email one week prior to the date of absence. The subject of the email should be as follows: ABSENCE (all caps): Name of Employee, Date. It should be directed to both stefanie@pearlelpaso.com and alvaro@pearlelpaso.com.

If the employee requesting an absence does not have access to email, he/she may request that a member of the management team send the request on their behalf. However, it is still the employee's responsibility to follow up and ensure that the email request was sent on time. This email should be sent immediately, but must be sent within 24 hours of approval by the supervisor or, in the case of emergencies/sick days, within 24 hours of the absence.

Employees may receive bonus PTO for high occupancy. These certificates may be used immediately as vacation, personal days or sick days, provided that the relevant protocol is observed. All unused standard annual PTO/sick days are non-accruable at the end of the year and have no monetary value, unless otherwise noted on a performance certificate.

Violation of the absence protocol will result in unpaid, non-approved time off. Multiple violations are grounds for suspension or dismissal.

OVERTIME AND FLEXIBILITY OF HOURS

Employees are expected to work during the designated hours for their position: forty hours which take place generally between 7 am – 7 pm with one hour for lunch between the hours of 11 am – 1:00 pm. Employees may be asked to work during lunch hours or after hours on occasion if they are in the middle of completing a task, if we are particularly busy (i.e. rent days), or if there is a maintenance or management emergency at their building. Variation from an employee’s assigned schedule must have prior approval by their supervisor.

Employees may be asked to track their time and advise their supervisor if they are about to surpass 40 hours of employment during the regular pay week. ALL HOURLY AND NON-EXEMPT EMPLOYEES SHALL BE FULLY COMPENSATED FOR ALL OVERTIME WORKED AT ONE AND ONE-HALF (1.5) TIMES THEIR REGULAR RATE OF PAY in compliance with the FLSA. Working overtime without approval remains cause for disciplinary action. All non-exempt employees are required to clock out when they are not working (for example during their lunch period). If an employee performs work during lunch, that time must be fully clocked and recorded as compensable working time.

CLOCKING IN AND OUT

All non-exempt employees are required to clock in and out at the beginning of their shift, for lunch, and at the end of the day in a timely manner. Salaried exempt employees may also be required to record their regular attendance days for tracking purposes. If an employee needs to take off time outside of their scheduled hours, they must obtain supervisor approval and clock out appropriately during their break to reflect hours worked.

BEING ON CALL

Maintenance techs and management employees may take turns being “on call” for after-hour or weekend emergency management and maintenance requests. When an employee is on call, they are required to pick up all cell phone calls or return missed calls within ten minutes or less. They must be able to arrive at any emergency situation within forty-five minutes. No drinking is permitted. Failure to respond to calls in the required timeframe or the inability to arrive on time or in sober condition is grounds for termination or other severe disciplinary action, at management’s discretion. More details are provided in the “On Call Protocol.”

CONFIDENTIALITY OF INFORMATION

In the course of performing their duties, employees may have access to or gain knowledge of confidential information concerning the Company, its customers/clients, and other employees. "Confidential information" is defined as proprietary business information, resident files, and private operations data to which the public does not have general access. This policy governs the use or further disclosure of such information.

With respect to confidential information concerning the Company, other employees, the Company's vendors and contractual partners, and/or its customers/clients, such information should be safeguarded. An appropriate manager will grant the necessary access if an employee needs such information to perform his or her duties. No other access is permitted. Any release, duplication, distribution, transmittal, disclosure, or discussion ("release") of such information that is not required by law or by the duties of the employees involved is strictly prohibited.

Unauthorized access to, and unauthorized release of, confidential information will violate this policy and may result in appropriate disciplinary action against the employee(s) involved, up to and potentially including termination of employment, depending upon the severity and/or repeat nature of the offense.

NATIONAL LABOR RELATIONS ACT (NLRA) DISCLOSURE: NOTHING IN THIS MANUAL CONSTITUTES A BAN OR RESTRICTION ON EMPLOYEES DISCUSSING THEIR OWN PERSONAL SALARIES, BONUSES, BENEFITS, OR WORKING CONDITIONS WITH COWORKERS OR THIRD PARTIES, WHICH IS STRICTLY PROTECTED UNDER THE NLRA.

RESPECT FOR COWORKERS AND RESIDENTS

We wish to have an environment of mutual respect and support. All team members should strive to support one another. Employees are expected to treat each other with respect and professionalism at all time and failing to do so will result in disciplinary action.

POLICY REGARDING TREATMENT OF RESIDENTS AND PROSPECTS

Fraternization with residents is strictly prohibited. All employees should maintain a friendly, respectful and helpful attitude towards residents but the relationship should be professional in nature only. While Pearl Properties does not wish to interfere with the off-duty and personal conduct of its employees, relationships with residents may interfere with the Company’s legitimate business interests. To prevent sexual harassment claims (warranted or unwarranted), employees are strictly forbidden prohibited from engaging in consensual romantic or sexual relationships with any residents. To avoid any perceptions of favoritism or violations of Fair Housing Rules, friendships are also strictly prohibited. Any personal or familial relationship with a current or future resident must be disclosed to the executive team.

On occasion, difficult situations with residents may arise. Employees are expected to treat residents with respect regardless of the situation or the resident’s behavior. As an employee of Pearl Properties, you represent our company brand while at work; accordingly, there is never any justification for rude or hostile behavior toward residents.

No gifts exceeding $10 in value should be accepted from residents and must be disclosed to general management. Personal relationships with residents (friendship or romantic) are grounds for immediate dismissal. No loans, tips, or monetary payments of any kind may be received from residents or provided to them. If a resident is providing a service to Pearl Properties, payment must be arranged through the HR department/Operations Director.

POLICY REGARDING INTERPERSONAL RELATIONSHIPS AND FRATERNIZATION

While Pearl Properties encourages a collegial and supportive atmosphere at work for its employees, interpersonal relationships between employees may become a concern if they have the effect of impairing the work of any employee; harassing, demeaning, or creating a hostile working environment for any employee; disrupting the smooth and orderly flow of work within the office; or harming the goodwill and reputation of the company among its customers or in the community at large. For this reason, Pearl Properties reminds its employees that the following guidelines apply in their relations with other employees, both on and off duty:

A supervisor should not engage in any form of relationship with a subordinate employee that could potentially have the appearance of creating or promoting favoritism or special treatment for the subordinate employee. In the event of such a relationship, one or both employees may be subject to dismissal, depending upon the nature of the situation. Romantic relationships are prohibited between supervisors and their subordinates. All employees, especially managers, are reminded that the qualities of good judgment, discretion, and compliance with guidelines are all taken into account when considering future advancement opportunities and salary increases.

If a relationship or social activity between two or more employees: has the potential or effect of involving the employees, their coworkers, or the company in any kind of dispute or conflict with other employees or third parties; interferes with the work of any employee; creates a harassing, demeaning, or hostile working environment for any employee; disrupts the smooth and orderly flow of work within the office, or the delivery of services to the company's clients or customers; harms the goodwill and reputation of the company among its customers or in the community at large; or tends to place in doubt the reliability, trustworthiness, or sound judgment of the persons involved in the relationship, the employee(s) responsible for such problems will be subject to counseling and/or disciplinary action, up to and potentially including termination of employment, depending upon the circumstances.

No employee may use company equipment or facilities for furtherance of non-work-related activities or relationships without the express advance permission of the operations director or general manager.

Employees who conduct themselves in such a way that their actions and relationships with each other become the object of gossip among others in the office, or cause unfavorable publicity in the community, should be concerned that their conduct may be inconsistent with one or more of the above guidelines. In such a situation, the employees involved should request guidance from their supervisor or executive management to discuss the possibility of a resolution that would avoid such problems. Depending upon the circumstances, failure to seek such guidance may be considered evidence of intent to conceal a violation of the policy and to hinder an investigation into the matter.

Friendships and social contacts between employees are not a matter of concern as long as they are consistent with the above guidelines. Employees may address any questions on this policy to the general manager.

VENDORS AND CONTRACTORS

No gifts or loans may be accepted from vendors or contractors without prior written consent from the executive management team. If invited to lunch or any other social activity with a vendor, employees must obtain written authorization from the executive management team. Approved activities will be paid for by Pearl Properties so that no conflicts of interest arise.

HONESTY

All team members are expected to be honest at all times. We understand that mistakes are occasionally made: please be honest about your errors and take responsibility for them. We have a zero tolerance policy regarding lying; it will result in a minimum of written warning and may be grounds for dismissal. Mistakes can be fixed but once trust is broken, it can never be repaired. Lying by omission is also a form of dishonesty. Employees are required to disclose any violations of company policy that they are aware of.

RESIDENT HOMES AND UNOCCUPIED APARTMENTS

Apartments may not be used for any personal purposes. Bathrooms of vacant and occupied apartments should not be used by staff at any time.

When entering a resident’s home, only enter the necessary areas directly related to the work being performed. Do not touch any personal items or make any comments about the household or the resident’s activities, family, etc. Finish your work and leave as promptly as possible.

If an employee perceives that a resident may be uncomfortable with their presence or might attempt to engage in a personal relationship, they should request that another employee accompany them any time they must enter the resident’s apartment. Employees MAY NOT enter an apartment home if only a minor is present. When in doubt, you may ask if the person is “18 years of age or older.”

If a resident is not home when management or maintenance enter for any reason, notice must be posted on the outside of the door while we are in the apartment. Prior to exiting, a written notice must be left stating the time and reason for entry, the name of the person who entered, and whether the work was completed or if any follow-up is required. Not posting notice is grounds for dismissal.

RESIDENT SAFETY

Ensuring our residents’ safety is a top priority at Pearl Properties. Proper management and safeguarding of keys to offices and homes and residents’ personal info is essential. Key boxes must be locked after hours. Any keys given to contractors or taken out by an employee must be tracked and returned to its proper location. Prospect and resident files must be stored in a locked filing cabinet whenever not in use. Employees may be responsible for the cost of lock changes if they are responsible for a safety issues. Lapses in our safety protocol may result in disciplinary action and/or are grounds for termination, depending on the severity of the event.

DRESS CODE

All employees are expected to dress professionally and be clean and groomed at all times. Any staff that has been issues company issued shirts should wear them daily; these shirts should be maintained clean and ironed. No cut offs, clothes with holes or flip flops may be worn at any time.

Maintenance team members are required to pair their shirts with jeans or other work pants. Only long pants are permitted; shorts may not be worn for safety.

Management team employees should pair their work or personal shirts with business casual bottoms. Appropriate clothing includes chinos, dress pants, and knee-length skirts in solid colors. Ideal fabrics are cotton, linen and other breathable, non-clingy material. Clothing should not be too revealing or tight and should be appropriate for a business environment. Athleisurewear is not permitted but all team members may pair their business casual clothing with neat and tidy sneakers.

Employees must always present a clean, professional appearance. Everyone is expected to be well-groomed and wear clean clothing, free of holes, tears, or other signs of wear.

Clothing with offensive or inappropriate designs or stamps are not allowed. High heels and open-toed shoes are not permitted for safety.

BONUSES

Pearl Properties sometimes offers discretionary performance bonuses—for example, additional PTO for high physical occupancy or financial bonuses for financial performance. Discretionary bonuses may change or be eliminated at any time by the company. Eligibility is contingent upon a clean disciplinary record (no written warnings the month or quarter awarded), no excessive absences, and are at management's discretion. Bonuses are typically paid the following month after they have been earned; only people who are currently employed at the exact date of payment will receive any bonuses paid.

OUTSIDE EMPLOYMENT/ CONFLICT OF INTEREST

At all times when on duty, without regard to time or place, employees should devote their full attention to the company's business and their duties. An employee must avoid any activity that conflicts with the interests of Pearl Properties, even if it occurs outside of regular business hours. An employee must disclose a potential conflict in advance, and outside employment and contract work is strictly prohibited unless approved by Pearl Properties in advance. The company will approve all reasonable requests but may deny permission for outside employment if it adversely affects the employee's ability, fitness, or readiness to work.

Pearl Properties prohibits any activity or exchange of goods, property, or services that significantly promotes, supports, or enables any business activity of a competitor, unless such activity or exchange has been discussed and approved in advance by a designated supervisor. Such activities or exchanges would include, but not be limited to, working for the competitor or a customer as either an employee or a contractor, advertising the competitor in any way, soliciting business of any kind from Pearl Properties clients and customers, or entering into any other kind of contractual arrangement whereby the competing business could be furthered in any way or might post a conflict of interest with one of our clients or customers.

Violation of this policy or failure to disclose a conflict of interest is grounds for termination at management’s discretion.

LOCAL AND FEDERAL LAWS

All employees are expected to comply with local, state and federal law at all times. Violating any law while at work and representing Pearl Properties may be grounds for a written warning, suspension or termination.

MANDATORY TEXAS LEGAL PROTECTIONS & STATUTORY LEAVE

1. MANDATORY TEXAS VOTING LEAVE

IN COMPLIANCE WITH TEXAS ELECTION CODE § 276.004, PEARL PROPERTIES PROVIDES UP TO TWO (2) HOURS OF PAID TIME OFF TO VOTE IN PUBLIC ELECTIONS, UNLESS THE EMPLOYEE HAS TWO CONSECUTIVE HOURS OF OFF-DUTY TIME WHILE POLLS ARE OPEN. COORDINATION WITH MANAGEMENT IS REQUIRED 24 HOURS IN ADVANCE.

2. MANDATORY TEXAS JURY DUTY PROTECTIONS

IN COMPLIANCE WITH TEXAS CIVIL PRACTICE AND REMEDIES CODE § 122.001, NO EMPLOYEE SHALL BE TERMINATED, DISCIPLINED, THREATENED, OR PENALIZED BECAUSE THE EMPLOYEE RECEIVES A JURY SUMMONS, RESPONDS TO A SUMMONS, OR SERVES ON A JURY. PLEASE PROVIDE A COPY OF THE SUMMONS TO MANAGEMENT UPON RECEIPT.

3. MANDATORY TEXAS MILITARY SERVICE LEAVE

IN ACCORDANCE WITH TEXAS GOVERNMENT CODE § 437.204, NO EMPLOYEE WILL BE SUBJECT TO DISCHARGE, PENALTY, OR DISCRIMINATION ON ACCOUNT OF MEMBERSHIP IN OR DUTIES FOR THE TEXAS MILITARY FORCES, THE NATIONAL GUARD, OR THE U.S. ARMED FORCES RESERVE. LEAVE OF ABSENCE WILL BE GRANTED FOR MANDATORY MILITARY TRAINING AND SERVICE DUTIES.

4. CRIME VICTIM AND WITNESS COURT LEAVE

IN ACCORDANCE WITH TEXAS LABOR CODE § 122.001 AND TEXAS FAMILY CODE § 261.110, PEARL PROPERTIES WILL NOT DISCHARGE, DEMOTE, PENALIZE, OR DISCRIMINATE AGAINST AN EMPLOYEE FOR TAKING TIME OFF TO ATTEND COURT PROCEEDINGS IF THE EMPLOYEE IS A VICTIM OF A CRIME OR IS SUBPOENAED TO TESTIFY AS A WITNESS IN A CRIMINAL PROCEEDING.

WHAT TO DO WHEN INJURED AT WORK

When injured at work there are three steps you need to take:

1. Promptly report the injury to your direct supervisor. If unable to reach your supervisor contact Executive Management.

2. If medical treatment is beyond first aid, fill out an incident report and you will be instructed on further steps.

3. Obtain medical care promptly at designated facility or predesignated physician.

• IF EMERGENCY TREATMENT IS REQUIRED:

  1. Go to the nearest emergency room.

  2. If unable to drive, ask someone to take you to the nearest emergency room.

  3. Report the injury to your supervisor as soon as possible.

• FOR NON-EMERGENT CARE:

  1. Visits a physician in the WorkWell Texas Network. You can ask management to assist you with finding an in-network physician. For example, Concentra Urgent Care is a large provider with numerous physicians available and centrally located to all our properties. The address is 6320 Gateway Boulevard East, 79905, phone 772-2111.

Please be aware that workers compensation covers job injuries, it is not Health Insurance. Claims may be denied under specific statutory exemptions, including voluntary horseplay, self-inflicted wounds, or intoxication by drugs or alcohol at the time of injury. Utilizing an unapproved medical provider outside the official network may prevent the insurance company from paying that specific provider's medical bill, but it does not invalidate a legitimate job site injury claim.

COURTESY PHYSICIAN VISITS

In an effort to help our team stay healthy, Pearl Properties provides virtual or in-person medical consultations to our employees as a courtesy. We currently have a contract through VeMiDoc Telemedecine with Dr. Michelle Iglesias. Should you need to visit her, in person or via phone, contact your manager and we will arrange and pay for the visit up to a max of four times per calendar year. Alternatively, if you prefer to see your personal doctor, Pearl Properties will reimburse you for each visit up to $50 a maximum of four times per calendar year.

Please note that Pear Properties offers TeleDoc services as a convenience to our employees. Dr. Michelle Iglesias and other doctors in the VeMiDoc network are not affiliated in any way with Pearl Properties, and Pearl Properties does not assume any responsibility whatsoever related to your relationship with any VeMiDoc physician or to your diagnoses, treatment, follow-up care, or any other matter concerning VeMiDocs or your medical needs. All matters you discuss with Dr. Iglesias are strictly confidential in accordance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule (Privacy Rule).

WORK ORDER POLICY: MAINTENANCE STAFF

The maintenance team has an enormous impact on residents’ experience at Pearl Properties. Your professional behavior and good service–fixing things quickly and correctly the first time!--determines whether residents feel they are receiving excellent customer service and enjoy their experience in their apartment home. The notes you leave in Resman ensure that when residents call management for questions, we are able to answer correctly and promptly. Please follow the requirements below to ensure we provide the best service possible to our residents and work efficiently and effectively:

1. Timely Completion & Prioritization:

• Work orders should be prioritized based on urgency.

• Plan ahead and take all the supplies needed for your work orders whenever possible.

• Plan your travel route to minimize transit time.

• If an assigned work order is above your skills and ability, notify the maintenance supervisor and/or manager. Do not attempt work above your skill level.

2. Documentation:

• Maintenance techs are required to update the work order in Resman immediately after completion.

• Detailed notes about the work completed, including which techs were present, is required so that management can explain this information to residents without asking for info.

• The time you begin and complete a work order must be accurately reflected.

3. Entry Protocol:

• Maintenance staff should only enter apartments with an open work order.

• Place our “we’re inside working” door hanger on the outside of the main entry door when you enter.

• If entry is needed into an apartment that has not placed a maintenance request (for example, to track the source of a leak), notify the management team ahead of time so they can alert the resident that we will be entering.

• Only in the event of a grave emergency that threatens property or safety may you enter an apartment without notifying the resident in advance. As soon as it is reasonably possible, contact management to ensure that the resident knows that we entered due to an emergency.

• Whenever techs enter an apartment and the resident is not home, leave notice of entry. Include the names of techs present, time of exit, and reason for visit. Please write legibly.

4. While Completing the Service Request:

• When speaking with residents, be polite and friendly but not chatty. Do not share or ask personal information. Complete your work as quickly as possible. Go directly to the location of the maintenance issue and nowhere else (unless instructed otherwise by your supervisor).

• Using the bathroom facilities of residents is strictly prohibited, please plan accordingly.

• Be discreet and do not deliver information to the resident that should be shared by management. Do not comment on their home.

• If you notice unauthorized pets, unauthorized occupants, extreme messiness or lack of hygiene, pest infestations or anything else that violates the lease, notify management and/or take photos if possible without offending the resident.

• With the exception of grave emergencies that threaten property or safety, do not enter apartments with unaccompanied minors. Two techs must enter together should this occur.

• Fraternization with residents is strictly prohibited. If a resident is overly friendly or flirtatious, leave the apartment. Report the incident to your supervisor and ensure that you return only when accompanied by another maintenance tech.

5. Partial Completion:

• If a work order is partially completed, update the notes to clearly state what is pending and any follow-up actions required.

• Mark the job in Resman as “in progress.”

• Set reminders on your cell so that you remember to follow up on pending items.

6. Adherence to Procedure:

• To maintain excellent service standards, adherence to this procedure is mandatory. Non-compliance will result in a write-up/documentation.

ON CALL INSTRUCTIONS AND PROTOCOL

Maintenance techs, management employees and supervisors can be “on call” for after-hour or weekend emergency management and maintenance requests. When an employee is on call, they are required to pick up all cell phone calls or return missed calls within ten minutes or less. They must be able to arrive at any emergency situation within forty-five minutes. No drinking is permitted. Failure to respond to calls in the required timeframe or the inability to arrive on time or in sober condition is grounds for termination, demotion or other severe disciplinary action, at management’s discretion.

Emergencies Defined:

• Electrical or gas failure of any nature

• Any water leak or sewage backup

• No heat or air conditioning when outside temperatures are extreme. For safety reasons, we cannot perform major repairs on outside units after dark or during inclement weather. We can however, replace minor parts and charge systems after dark

• Refrigerator not working

• No hot or cold water

• Toilet stopped up - if apartment has just one

• Overflowing commode where there may be property damage

• Unsecured entry, malfunctioning exterior door hardware or window if on 1st floor

• Any threatening situation that may result in the loss of life or personal property: fire, flood, severe weather that causes damages to doors, locks or windows, etc.

• Police action. Protecting a crime scene (repairing broken window, locks on entry doors, etc.)

• Other issues that, using your best judgement, are emergencies; when in doubt, consult your supervisor or the property manager

EMERGENCY CALLS PROTOCOL

We receive emergency calls through SOHO, their numbers are listed below. You are required to have them properly entered in your cell phone and know how to call SOHO back.

When receiving an emergency maintenance call:

• Record the resident’s name, phone number and full address

• Ask SOHO to “patch you through” so you can speak with the resident directly for more details though SOHO’s line

• If needed, call the resident back for more info or to coordinate arrival. Keep your cell private by dialing *67 before the resident’s phone number. If a resident doesn’t answer the first time, leave a voicemail and continue to call back until they answer.

• If the maintenance request is beyond your ability, call the maintenance supervisor for assistance. If he does not answer, leave a voicemail AND send him a text stating you need help, and then follow the escalation list below. For anyone who does not answer, leave both voicemails and send texts.

GRAVE EMERGENCIES DEFINED

A grave emergency is something that threatens life, property or reputation (fire, flood, blood, or extreme building damage). For grave emergencies, techs and/or maintenance and management supervisors are required to follow the escalation list below to ensure that everyone listed (including Executive Management) is aware of the situation. If someone does not answer, send a text message and voicemail.

For grave emergencies, the on-call tech, property manager and maintenance manager are required to always be available by phone and arrive in person, unless prior notice of unavailability is provided to the Executive Team.

*** SOHO CONTACT INFO (YOU ARE REQUIRED TO SAVE ALL THESE NUMBERS IN YOUR CELL)

SOHO Answering Service Incoming Calls: 915-313-7300

SOHO’s Outgoing Number (how to call SOHO back): 915-545-8132

*** ESCALATION LIST (YOU ARE REQUIRED TO SAVE THESE NUMBERS IN YOUR CELL)

Tony, Maintenance Supervisor: 915-549-8472 Pearl; 720-329-5820

Robert, Assistant Manager: 915-549-8430 Pearl; 915-208-1857 personal

Alvaro, Operations Director: 915-433-6247

Alvaro and Stefanie House Phone: 915-701-3095

Stefanie, General Manager: 915-491-9492

I have read the information above and have saved the following numbers in my personal and/or company cell phone. I understand that when I need assistance I should call the maintenance supervisor. If I do not reach him, I will call the manager. I also understand that for grave emergencies (fire, flood, blood, extreme property damage) I must ensure that the Executive Team (Stef and Alvaro) are also aware of the situation.

Name: ______________________

Date:_______________________

ANTI-HARASSMENT POLICY

Policy

In an effort to provide a work environment free from sexual harassment, it is the policy of Pearl Properties (the “Company”) that any forms of sexual harassment, as further defined below, are explicitly prohibited. Unwelcome sexual advances, requests for sexual favors, and any other unwelcome verbal or physical conduct violates this policy when such conduct, explicitly or implicitly, unreasonably affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment or home environment for our residents.

Scope

This policy applies to every employee of the Company, including all supervisors, managers, and non-supervisory employees, and also applies to all contractors and temporary employees staffed to the Company.

TEXAS SPECIAL AMENDMENT DISCLOSURE (SB 45): ACCORDING TO TEXAS STATE STATUTES, PROHIBITIONS ON WORKPLACE SEXUAL HARASSMENT APPLY EXPLICITLY TO ALL BUSINESSES WITH ONE (1) OR MORE EMPLOYEES. ANY MANAGER, SUPERVISOR, OR COMPANY EXECUTIVE WHO KNOWS OR REASONABLY SHOULD HAVE KNOWN OF HARASSMENT OCCURRING AND FAILS TO TAKE IMMEDIATE, CORRECTIVE DISCIPLINARY ACTION MAY BE HELD INDIVIDUALLY AND PERSONALLY LIABLE UNDER STATE LAW.

Prohibited Conduct

Conduct prohibited under this policy toward employees and residents includes, but is not limited to:

• Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment or home environment for residents.

• Making unwelcome sexual advances or requests for sexual favors, or engaging in other verbal or physical conduct of a sexual nature.

• Using submission to or rejection of sexual conduct as the basis for an employment action or maintenance or management action for residents, or making sexual conduct a condition of employment either stated or implied.

• Unwanted physical contact or conduct of any kind, including sexual flirtations, touching, advances, or propositions. Actions such as staring, cat calls, whistling, or compliments that are sexual in nature are also strictly prohibited.

• Verbal harassment of a sexual nature, such as lewd comments, sexual jokes or references, and offensive personal references.

• Demeaning, insulting, intimidating, or sexually suggestive comments about an individual’s personal appearance.

• The display in the workplace or in someone’s apartment home of demeaning, insulting, intimidating, or sexually suggestive objects, pictures, or photographs.

• Demeaning, insulting, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages.

Reporting Sexual Harassment

All perceived incidents of sexual harassment, regardless of the offender’s identity or position, should be reported immediately. Individuals who believe that they have been the victim of sexual harassment in violation of this policy should discuss their concerns with their immediate supervisor, any member of human resources or any officer of the Company. Temporary workers assigned to the Company should also follow any policies provided by their agency who assigned them to the Company.

In addition, the Company encourages individuals who believe they are being subjected to such conduct to promptly advise the offender that his or her behavior is unwelcome and to request that it be discontinued. Often this action alone will resolve the problem. The Company recognizes, however, that an individual may prefer to pursue the matter through complaint procedures.

 

 

Sexual Harassment of Residents

Sexual harassment of residents creates an unsafe home environment for our customers. It is grounds for dismissal. As a reminder, fraternization with residents is also strictly prohibited; therefore romantic advances or sexual gestures of any kind are grounds for termination.

Complaint Procedure

Individuals who believe they have been the victims of conduct prohibited by this policy or believe they have witnessed such conduct should discuss their concerns with their immediate supervisor, any member of human resources or any officer of the Company. Temporary employees should also follow any policies provided by their agency employer.

Any reported allegations of sexual harassment will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.

The Company will maintain confidentiality throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action.

Misconduct constituting sexual harassment will be dealt with appropriately. Responsive action may include, for example, training, referral to counseling or disciplinary action such as a warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, or termination, as the Company believes appropriate under the circumstances.

Anti-Retaliation

Retaliation against an individual for reporting sexual harassment or for participating in an investigation of a claim of sexual harassment is a serious violation of this policy and, like sexual harassment itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately and will be promptly investigated and addressed.

CONFIDENTIALITY AGREEMENT

THIS CONFIDENTIALITY AGREEMENT (this “Agreement”) is made by and between PilaP LLC, DBA Pearl Apartments/Properties, with offices at 900 Newman (“PP”) and the undersigned employee (“Recipient” and together with PP, the “Parties”).

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Definition of Confidential Information. Except as otherwise set forth in this Paragraph 1, “Confidential Information” means all non-public, proprietary or confidential information of PP, in oral, visual, written, electronic, or other tangible or intangible form, whether or not marked or designated as “confidential,” and all notes, analyses, summaries, and other materials prepared by Recipient that contain, are based on, or otherwise reflect, to any degree, any of the foregoing. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Recipient’s act or omission; (b) is obtained by Recipient on a non-confidential basis from a third party that was not legally or contractually restricted from disclosing such information; (c) was in Recipient’s possession, as established by documentary evidence, before PP’s disclosure to Recipient; or (d) was or is independently developed by Recipient, as established by documentary evidence, without using any Confidential Information. (Note: In accordance with federal labor law guidelines, employee salary information, benefits, and co-worker terms of employment are excluded from general corporate classification bans under the NLRA).

2. Use and Disclosure of Confidential Information. Recipient shall use the Confidential Information solely for the Purpose and, subject to Paragraph 3, shall not disclose or permit access to Confidential Information. Recipient shall safeguard the Confidential Information from unauthorized use, access, or disclosure using at least the degree of care Recipient uses to protect Recipient’s most sensitive information and no less than a reasonable degree of care. Recipient shall promptly notify PP of any unauthorized use or disclosure of Confidential Information and use its best efforts and cooperate with PP, in good faith, to prevent further use or disclosure.

3. Required or Permitted Disclosure. If Recipient is required by a valid legal order to disclose any Confidential Information, Recipient shall, before such disclosure, notify PP of such requirements so that PP may seek a protective order or other remedy, and Recipient shall, in good faith, assist PP therewith. If Recipient remains legally compelled to make such disclosure, Recipient shall: (a) only disclose that portion of the Confidential Information that, in the written opinion of Recipient’s outside legal counsel, Recipient is required to disclose; and (b) use best efforts to ensure that such Confidential Information is afforded confidential treatment.

4. Return or Destruction of Confidential Information. Upon the expiration of this Agreement or otherwise at PP’s request, Recipient shall promptly, at PP’s option, either return to PP or destroy all Confidential Information in Recipient’s possession and certify in writing to PP the destruction of such Confidential Information.

5. Information Created While Employed at PP. Any operational workflows, client listings, or structural templates created while working at PP is the intellectual property of the company. It may not be destroyed without express approval by PP.

6. No Obligation to Disclose; No Representations or Warranties. PP has no obligation under this Agreement to disclose any Confidential Information. PP provides all Confidential Information without any representation or warranty, expressed or implied, as to the accuracy or completeness thereof, and PP shall have no liability to Recipient or any other person relating to Recipient’s use of any of the Confidential Information or any errors therein or omissions therefrom.

7. No Transfer of Rights, Title, or Interest. PP retains its entire right, title, and interest in and to all Confidential Information, and no disclosure of Confidential Information hereunder will be construed as a license, assignment, or other transfer of any such right, title, and interest to Recipient or any other person.

8. Term. The rights and obligations of the Parties under this Agreement immediately, and automatically terminate upon Recipient’s departure, for any reason, from employment at PP. The obligation to protect PP’s proprietary company secrets does not expire.

9. Remedies. Breach of confidentiality may, at PP’s sole discretion, result in immediate termination for cause. Recipient acknowledges that money damages might not be a sufficient remedy for any breach or threatened breach of this Agreement by Recipient. Therefore, in addition to all other remedies available at law (which PP does not waive by the exercise of any rights hereunder), PP shall be entitled to seek specific performance and injunctive and other equitable relief as a remedy for any such breach or threatened breach, and Recipient hereby waives any requirement for the securing or posting of any bond or the showing of actual monetary damages in connection with such claim. In the event that (a) PP institutes any legal suit, action, or proceeding against Recipient arising out of or relating to this Agreement, (b) PP prevails in such a suit, action or proceeding—then PP shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by PP in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs.

10. Governing Law, Jurisdiction, and Venue. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Texas. Any legal suit, action, or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the city of El Paso and County of El Paso, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice, or other document by mail to such Party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.

11. Waivers. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

12. Entire Agreement. This Agreement is the entire agreement of the Parties regarding its subject matter and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter. This Agreement may only be amended, modified, waived, or supplemented by an agreement in writing signed by both Parties.

EMPLOYEE AGREEMENT FOR RESPONSIBLE USE OF CELLULAR

You have been given access to a Pearl Properties cell phone. Please read the information below and ask questions if you need help in understanding responsible use of the phone and the contract that you are entering. When employees no longer have a need for a cellular, they must return the equipment to Pearl Properties. To verify the equipment return, users must sign a copy of the Employee Agreement for Responsible Use of Cellular, which will serve as a receipt for the employee.

Appropriate Use

• Cell is to be used primarily for authorized Pearl Properties business. Personal use is permitted as long as it does not interfere with professional use in any way.

• Users will be held responsible at all times for the proper use of their cell.

• Users must have their cell phones charged and be able to respond to calls at all times during business hours.

• Users must have their cell phones charged and be able to respond to calls all times when they are on-call for emergencies. Pearl Properties employees and contractors should be able to reach you by cell at any time.

• Cell phone numbers should not be provided to residents. If you need to call a resident using your cell, please dial *67 before placing the call or use the app that allows you to place the call from our main line (once this feature is available).

• Users will return the cell phone to Pearl Properties if they are no longer employed by the company.

• If your company-issued Otter iPhone Case is damaged, deteriorating or compromised in any way, you must notify Alvaro.

• Pearl Properties management may request that cell phones be returned at any time for inspection, updates, repair, or any other purpose. Please be aware that the cell is company property; we can review all aspects of the phone at any time, including but not limited to corporate emails, text messages, and business download history.

Inappropriate Use

• Excessive personal use

• Damage or loss due to negligence

• Unauthorized use, including use by other individuals

• Making out of plan area calls

• Downloading apps that are not work-related, such as games or Facebook.

• Visiting inappropriate websites of any kind

• Any activity that you could not do openly while being observed by your colleagues

• Cells may not be used while driving. This includes texting and using apps.

• A security code will be provided to you. You may not change this code.

• Use of the camera for anything besides photographing/recording work-related subjects.

Consequences

Users may be required to reimburse Pearl Properties for the repair or replacement cost of a damaged, lost or stolen company phone if caused by gross negligence or willful failure to return upon exit ($500).

HEALTH PROTOCOL

In order to take care of our most vulnerable residents and employees, we have implemented the following baseline rules for infectious illnesses.

If you have any cold or flu symptoms including but not limited to a fever of 99 degrees or more, or persistent symptoms, please report it to management prior to reporting to work. If you have any symptoms of illness, please use a mask at all times to protect your co-workers and our residents. To the extent allowed by health guidelines, Pearl Properties reserves the right to request official clear diagnostic testing results from a physical health clinic prior to authorizing a return to field work.

Attending work while ill or after having a hazardous exposure to a severe infectious disease without reporting it is grounds for immediate termination. Not following health safety protocol is grounds for immediate dismissal without prior warning.

 

 

 

WAGE DEDUCTION NOTICE:

IN ACCORDANCE WITH THE TEXAS PAYDAY LAW, ANY BALANCES OR REIMBURSABLE OVERAGES MUST BE EXECUTED VIA A VOLUNTARY, SEPARATELY SIGNED PAYROLL WAGE AUTHORIZATION FROM THE EMPLOYEE.

Suspension of cellular phone privileges or a write up/documentation in employee’s HR file may occur. Other disciplinary or legal action may be taken, in accordance with Company policies and applicable laws.

I accept responsibility for the cell and will return it on my last day of employment. I understand the above conditions and knowingly and willingly enter into this agreement.

Employee Signature: ___________________ Date: ___________

 

 

PEARL PROPERTIES DRUG-FREE WORKPLACE POLICY

Pearl Properties (the Company) intends to help provide a safe and drug-free work environment for our employees. With this goal in mind and because of the serious drug abuse problem in today's workplace, we are establishing the following policy for existing and future employees of Pearl Properties.

The Company explicitly prohibits:

1. The use, possession, solicitation for, or sale of narcotics or other illegal drugs, alcohol, or prescription medication without a prescription on Company or customer premises or while performing an assignment.

2. Being impaired or under the influence of legal or illegal drugs or alcohol away from the Company or customer premises, if such impairment or influence adversely affects the employee's work performance, the safety of the employee or of others, or puts at risk the Company's reputation.

3. Possession, use, solicitation for, or sale of legal or illegal drugs or alcohol away from the Company or customer premises, if such activity or involvement adversely affects the employee's work performance, the safety of the employee or of others, or puts at risk the Company's reputation.

4. The presence of any detectable amount of prohibited substances in the employee's system while at work, while on the premises of the company or its customers, or while on company business. "Prohibited substances" include illegal drugs, alcohol, or prescription drugs not taken in accordance with a prescription given to the employee.

The Company will conduct drug and/or alcohol testing under any of the following circumstances:

• RANDOM TESTING: Employees may be selected at random for drug and/or alcohol testing at any interval determined by the Company.

• FOR-CAUSE TESTING: The Company may ask an employee to submit to a drug and/or alcohol test at any time it feels that the employee may be under the influence of drugs or alcohol, including, but not limited to, the following circumstances: evidence of drugs or alcohol on or about the employee's person or in the employee's vicinity, unusual conduct on the employee's part that suggests impairment or influence of drugs or alcohol, negative performance patterns, or excessive and unexplained absenteeism or tardiness.

• POST-ACCIDENT TESTING: Any employee involved in an on-the-job accident or injury where permitted by standard OSHA guidelines. "Involved in an on-the-job accident or injury" means not only the one who was or could have been injured, but also any employee who potentially contributed to the accident or injury event in any way.

If an employee is tested for drugs or alcohol outside of the employment context and the results indicate a violation of this policy, or if an employee refuses a request to submit to testing under this policy, the employee may be subject to appropriate disciplinary action, up to and possibly including discharge from employment. In such a case, the employee will be given an opportunity to explain the circumstances prior to any final employment action becoming effective.

EMPLOYEE AGREEMENT AND CONSENT TO DRUG AND/OR ALCOHOL TESTING

I hereby agree, upon a request made under the drug/alcohol testing policy of Pearl Properties, to submit to a drug or alcohol test and to furnish a sample of my urine, breath, and/or blood for analysis. I understand and agree that if I at any time refuse to submit to a drug or alcohol test under company policy, or if I otherwise fail to cooperate with the testing procedures, I will be subject to immediate termination. I further authorize and give full permission to have the Company and/or its company physician send the specimen or specimens so collected to a laboratory for a screening test for the presence of any prohibited substances under the policy, and for the laboratory or other testing facility to release any and all documentation relating to such test to the Company and/or to any governmental entity involved in a legal proceeding or investigation connected with the test. Finally, I authorize the Company to disclose any documentation relating to such test to any governmental entity involved in a legal proceeding or investigation connected with the test.

I understand that only duly-authorized Company officers, employees, and agents will have access to information furnished or obtained in connection with the test; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions and to respond to inquiries or notices from government entities.

I will hold harmless the Company, its company physician, and any testing laboratory the Company might use, meaning that I will not sue or hold responsible such parties for any alleged harm to me that might result from such testing, including loss of employment or any other kind of adverse job action that might arise as a result of the drug or alcohol test, even if a Company or laboratory representative makes an error in the administration or analysis of the test or the reporting of the results. I will further hold harmless the Company, its company physician, and any testing laboratory the Company might use for any alleged harm to me that might result from the release or use of information or documentation relating to the drug or alcohol test, as long as the release or use of the information is within the scope of this policy and the procedures as explained in the paragraph above.

This policy and authorization have been explained to me in a language I understand, and I have been told that if I have any questions about the test or the policy, they will be answered.

I UNDERSTAND THAT THE COMPANY WILL REQUIRE A DRUG SCREEN AND/OR ALCOHOL TEST UNDER THIS POLICY WHENEVER I AM INVOLVED IN AN ON-THE-JOB ACCIDENT, OR ANY CIRCUMSTANCES THAT SUGGEST POSSIBLE INVOLVEMENT OR INFLUENCE OF DRUGS OR ALCOHOL, AND I AGREE TO SUBMIT TO ANY SUCH TEST.

Employee Signature: ___________________ Date: ___________

 

HR TRAINING COMPLETION FORM

I ___________________________ participated in the Pearl Apartments HR training on ___________ in which the following documents were presented in detail:

• Equal Employment Opportunity (EEO) Policy

• Pearl Apartments Handbook and Required Protocols

• Texas Final Paycheck Guidelines (Texas Labor Code § 61.014)

• On Call Instructions and Protocol

• Anti-harassment policy & Texas SB 45 Provisions

• Confidentiality Agreement & NLRA Wage Disclosures

• Employee Agreement for Responsible Use of Cell Phone

• Pearl Properties Drugfree Workplace Policy and Consent to Testing

• Texas Statutory Leave Disclosures (Voting, Jury Duty, Military, Crime Victim Leave)

I am able to access a copy of the documents above online at anytime at:

www.pearlelpaso.com/employeehandbook

I understand I am responsible for adhering to all Pearl Properties policies and that not doing so is grounds for suspension or termination.

I EXPLICITLY ACKNOWLEDGE THAT MY EMPLOYMENT CONSTITUTES AN AT-WILL RELATIONSHIP WHICH CAN BE DISSOLVED BY EITHER PARTY AT ANY TIME.

________________________________ __________________

SIGNATURE OF EMPLOYEE DATE

________________________________

EMPLOYEE'S NAME - PRINTED