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Filing # 161406920 E-Filed 11/17/2022 08:34:53 AM
IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
CERTUS PEST, INC., a
Delaware corporation
Plaintiff,
v. Case No. ____________________
KEVIN BARRETT, an
individual
Defendant.
/
COMPLAINT
CERTUS PEST, INC. (“Certus” or “Plaintiff”) hereby files its Complaint against
KEVIN BARRETT (“Barrett” or “Defendant”), and states:
Parties, Jurisdiction, Venue
1. This Complaint is brought by Certus to recover damages in excess of $30,000.00,
exclusive of costs, interest and attorneys’ fees.
2. Venue and jurisdiction are proper in this Court pursuant to section 47.011, Fla.
Stat.
3. Certus is a Delaware corporation with its principal place of business in Tampa,
Florida.
4. Barrett is an individual who, upon information and belief, resides in Saint Cloud,
Florida within Osceola County.
5. Certus has performed all conditions precedent to the filing of each claim herein
or, in the alternative, the conditions precedent have been waived or otherwise excused.
FACTUAL BACKGROUND
1. Certus employed Barrett from March 21, 2022 to September 14, 2022.
2. As a condition of his employment with Certus, on February 21, 2022, Barrett
executed a noncompetition agreement (the “Non-Compete Agreement”). See Exhibit A.
3. Additionally, on February 21, 2022, Barrett was provided with a copy of Certus’
team member handbook (the “Handbook”), which Barrett signed, and further he signed an
acknowledgement (the “Acknowledgment”) agreeing to abide by the Handbook. See Exhibit B
(Handbook) and Exhibit C (Acknowledgment).
4. Barrett’s agreement to abide by the terms of the Handbook, as memorialized in
the Acknowledgement, and agreement to abide by his Non-Compete Agreement were material
inducements for Certus to employ Barrett.
5. The Non-Compete Agreement provided that Barrett would not compete with
Certus for a year following his separation of employment from Certus and that he would keep
Certus’ information and trade secrets confidential.
6. The Acknowledgment provided that Barrett might receive confidential
information during his employment with Certus and that Barrett agreed not to disclose the
information to a competitor or any other person or corporation.
7. The Handbook prohibits certain forms of harassment of Certus’ employees,
including “malicious gossip” or “[s]tarting or spreading rumors about a person’s personal life[.]”
See Exhibit B, at pp.12-13. The Handbook’s provisions expressly apply to social media. See id.
at pp. 14-15. The Handbook notes that its employees should not “post anything online that you
know is false.” Id. at p.41.
8. The Handbook contains Certus’ Privacy Policy which explicitly states that upon
separation from employment with Certus, employees should return Certus’ confidential
information to Certus and delete any such information from the employees’ personal devices. See
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id. at p. 26. The Handbook warns that Certus will investigate any breaches of its Privacy Policy
and that employees who do not abide by the Privacy Policy “will face corrective and, possibly
legal action.” Id.
9. Significantly, the Handbook provides that the Privacy Policy “is binding even
after separation of employment.” Id.
10. Certus’ policy on returning Certus’ property upon separation from employment is
reiterated a second time in the Handbook:
Id. at p.38.
11. The Handbook cautions that Certus may “take all action deemed appropriate to
recover or protect its property.” Id. at p.39.
12. Barrett ended his employment with Certus when he sent a resignation letter to
Certus on September 12, 2022.
13. Following Barrett’s resignation from Certus, upon information and belief, Barrett
has defamed Certus and its employees.
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14. Specifically, upon information and belief, Barrett has made false statements that
Certus instructed him to solicit candidates from competitors, and that Certus, through its officials
and/or employees, committed unethical acts, including, but not limited to, cheating employees
out of their pay, and made untruthful statements. Upon information and belief, Barrett made
these false statements to, among others, Certus’ competitor(s).
15. Such statements are false, unprivileged, and are not pure opinions. Barrett knew
such statements were false when he made those statements or he made the statements without
reasonable care as to whether those statements were true or false.
16. Further, following Barrett’s resignation from Certus, Barrett violated Certus’
Handbook by destroying Certus’ property and files from Certus’ database.
17. On October 4, 2022, Certus sent a letter to Barrett putting him on notice of Certus
being aware of his defamatory statements and destruction of Certus’ files from Certus’ database.
See Exhibit D (the “Letter”). The Letter demanded Barrett cease making defamatory comments
about Certus and its employees and informed Barrett that Certus was in the process of
investigating the issues raised therein. See id.
18. Barrett’s defamatory statements about Certus and its employees are substantially
and materially false, and have caused (and continue to cause) Certus irreparable harm. Barrett’s
defamatory statements are reasonably susceptible to only one meaning.
19. Certus lacks an adequate remedy at law and the entry of an injunction will not
adversely affect the public interest.
20. Rather, the entry of an injunction will serve the public interest because such an
injunction promotes general adherence to enforcing parties’ contractual promises and preventing
disgruntled former employees from perpetuating false and defamatory statements.
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21. As a direct and proximate result of Barrett’s defamatory statement and destruction
of Certus’ documents, Certus has been damaged.
22. Certus has a substantial likelihood of success on the merits, as Barrett has
breached his contractual obligations to Certus and published false statements about Certus and its
employees.
23. The harm caused to Certus by Barrett’s destruction of documents and defamatory
statements outweighs any possible harm to Barrett.
Count I –Breach of Fiduciary Duty
24. Certus re-alleges and incorporates herein its allegations set forth in paragraphs 1
through 23 above.
25. Barrett has both express and implied fiduciary duties to Certus.
26. Barrett owes Certus an implied fiduciary duty by virtue of having been employed
by Certus and as a result of Certus having placed trust and confidence in Barrett when Certus
allowed Barrett access to its confidential information.
27. Barrett accepted Certus’ confidence and trust by working for Certus, agreeing to
keep Certus’ information confidential, and accessing Certus’ database.
28. Certus and Barrett’s employment relationship contained a degree of dependency
from Certus and an undertaking by Barrett to protect and/or benefit Certus and its confidential
information.
29. Certus relied on Barrett’s acceptance of its confidence and trust by continuing to
provide Barrett with access to its database of confidential information.
30. Barrett also had express fiduciary duties to Certus. For example, Barrett accepted
Certus’ confidence and trust by contractually agreeing to abide by the Handbook’s policies in the
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Acknowledgment, some of which imposed an obligation on Barrett to return all confidential
information upon separation from his employment with Certus and to destroy such information
from his personal devices.
31. Barrett breached his fiduciary duties to Certus by failing to abide by the
Handbook and his Non-Compete Agreement obligations, including but not limited to Barrett’s
transmittal of defamatory statements about Certus and its employees as well as Barrett’s
destruction of Certus’ information from its database.
32. Barrett’s breach of his fiduciary duties to Certus has proximately and directly
caused (and continues to cause) Certus damages.
WHEREFORE, Certus demands (a) compensatory damages, (b) injunctive relief
precluding Barrett from publishing defamatory statements regarding Certus and its employees,
and (c) any other relief the Court deems just and proper.
Count II – Breach of Contract
33. Certus re-alleges and incorporates herein its allegations set forth in paragraphs 1
through 23 above.
34. Barrett contractually agreed to abide by the Handbook when he executed the
Acknowledgement.
35. Barrett also contractually agreed to abide by the Non-Compete Agreement.
36. Barrett violated the Handbook and breached his contractual duties to Certus when
he destroyed Certus’ confidential information from Certus’ database.
37. Additionally, Barrett violated the Handbook and breached his contractual duties
to Certus by, upon information and belief, defaming Certus and its employees and publishing
information that Barrett knows to be false about Certus and its employees.
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38. Certus has been damaged as a direct and proximate result of Barrett’s breach of
his contractual duties.
WHEREFORE, Certus demands compensatory damages, and any other relief the Court
deems just and proper.
Count III – Defamation (Libel/Slander)
39. Certus re-alleges and incorporates herein its allegations set forth in paragraphs 1
through 23 above.
40. Upon information and belief, Barrett made a false, unprivileged, and defamatory
statement concerning Certus, specifically, Barrett made false statements that Certus instructed
him to solicit candidates from competitors, and that Certus, through its officials and/or
employees, committed unethical acts, including, but not limited to, cheating employees out of
their pay, and made untruthful statements. Upon information and belief, Barrett made these false
and defamatory statements to, among others, Certus’ competitor(s).
41. Barrett knew such statements were false when he made those statements or he
made the statements without reasonable care as to whether those statements were true or false.
42. Barrett’s defamatory statements tend so to harm Certus’ and its employees’
reputations as to lower Certus and its employees in the estimation of the community and to deter
third persons from associating or dealing with Certus and its employees.
43. As a direct and proximate result of Barrett’s publication and transmittal of
defamatory statements, Certus and its employees have been damaged, and has suffered (and
continues to suffer) reputational harm, loss of standing in the community, and lost profits.
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WHEREFORE, Certus demands judgment against Barrett for damages, injunctive relief
precluding Barrett from making future defamatory statements, and for any other relief the Court
deems just and proper.
Dated: November 17, 2022
/s/ Ella A. Shenhav
ELLA A. SHENHAV
Florida Bar Number 081996
SHUTTS & BOWEN LLP
4301 W. Boy Scout Blvd., Suite 300
Tampa, FL 33607
Telephone No.: (813) 229-8900
Facsimile No.: (813) 229-8901
eshenhav@shutts.com
Secondary: ldeleary@shutts.com
Attorneys for Plaintiff
TPADOCS 24513414 4
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Exhibit A
Exhibit B
Exhibit C
WELCOME TO CERTUS!
We are thrilled to have you as a part of our team!
I am excited to welcome all of you to the CERTUS family. As a CERTUS team member, you now
represent CERTUS and play a vital role in ensuring that we continue to provide our clients with
the world-class service they have come to expect from us.
CERTUS was founded in 2019, with a focus on three core values: people first, doing right, and
reaching higher. CERTUS firmly believes that by staying focused on these three core values, we
can build a top-10 pest control company that delivers world-class service while at the same
time being the employer of choice in the pest control industry.
CERTUS is first and foremost a people first company. People first means that CERTUS is
committed to taking care of all our team members by providing stability of employment,
opportunities for advancement, and a good salary with excellent benefits. We are also
committed to involving you, wherever possible, in the decision-making process.
It is our sincere wish that you will have a long, happy, and prosperous career here at CERTUS.
Again, welcome to the CERTUS family.
Best,
Mike Givlin, CEO, CERTUS
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Table of Contents
WELCOME TO CERTUS! ........................................................................................................................................... 2
CORE VALUES ............................................................................................................................................................ 5
MISSION STATEMENT ..............................................................................................................................................5
VISION STATEMENT ................................................................................................................................................. 5
OBJECTIVES................................................................................................................................................................ 5
IMPORTANT NOTICE ................................................................................................................................................ 6
SERVICE STANDARDS.............................................................................................................................................. 8
CERTUS TEAM MEMBER HANDBOOK HIGHLIGHTS.........................................................................................9
EMPLOYMENT POLICIES & PRACTICES............................................................................................................. 10
Business Ethics & Conduct ..................................................................................................................................... 10
Open-Door Policy .................................................................................................................................................... 10
Policy on Reporting Suspected Illegal, Unethical, or Unsafe Behavior .................................................................. 11
Equal Employment Opportunity .............................................................................................................................. 12
Policy Prohibiting Harassment ................................................................................................................................ 12
Harassment on Account of or Regarding Any Protected Group ..............................................................................14
Anti-Bullying Policy................................................................................................................................................ 15
Reasonable Accommodations ..................................................................................................................................16
Policy Prohibiting Retaliation..................................................................................................................................17
Unlawful Discrimination, Retaliation, & Harassment by Non-Team Members ......................................................17
Sanctions for Violations of CERTUS’s Equal Employment Opportunity Policy .................................................... 19
Diversity & Inclusion .............................................................................................................................................. 19
Drug-Free Workplace Policy ................................................................................................................................... 22
Privacy Policy .......................................................................................................................................................... 25
Orientation ............................................................................................................................................................... 27
Training ................................................................................................................................................................... 27
Feedback, Annual Performance, & Salary Reviews ................................................................................................ 27
Personal Appearance (Dress Code) ......................................................................................................................... 27
Office Team Members ......................................................................................................................................... 28
Service Team Members .......................................................................................................................................30
Smoking Policy........................................................................................................................................................ 32
Vehicle Policy ......................................................................................................................................................... 32
Background Investigations ...................................................................................................................................... 33
Work Authorization ................................................................................................................................................. 33
Personal Records and Access to Files......................................................................................................................34
Seniority .................................................................................................................................................................. 34
STANDARDS OF CONDUCT ................................................................................................................................... 35
Violence in the Workplace ......................................................................................................................................36
Possession of Weapons ............................................................................................................................................ 36
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Corrective Action Procedures ..................................................................................................................................37
Separation of Employment ......................................................................................................................................38
Computer and Electronic Communications .............................................................................................................39
Social Networking (Including Blogging) ................................................................................................................40
Nepotism.................................................................................................................................................................. 41
TEAM MEMBER BENEFITS .................................................................................................................................... 43
Workers’ Compensation Insurance ..........................................................................................................................44
Vacation...................................................................................................................................................................44
Holidays...................................................................................................................................................................45
Inclement Weather ................................................................................................................................................... 46
Wages, Working Hours, & Time Keeping............................................................................................................... 46
Falsifying Time Records.......................................................................................................................................... 47
Exempt Team Members...........................................................................................................................................48
Work Schedules ....................................................................................................................................................... 49
TRAVEL & EXPENSE POLICY ............................................................................................................................... 50
General Information Regarding Business Travel ....................................................................................................50
Lodging.................................................................................................................................................................... 53
Meals, Entertainment, & Other Expenses ................................................................................................................53
Expense Reporting Procedures ................................................................................................................................54
Important Information Regarding Receipts ............................................................................................................. 54
Timely Filing of Expense Reports ...........................................................................................................................54
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CORE VALUES
CERTUS, Inc., operates within a set of core values that frames our strategy and culture. Our
team members and brand reputation are our most valuable resources, and as such, we cannot
overemphasize the importance of safety. Our values provide our team members with standards
of behavior necessary to maintain and enhance our organization.
It is our goal to ensure that the actions of each team member are consistent with these values:
PEOPLE FIRST
We are people first. Being people first means we are committed to creating an environment
where people can be at their best to help the company win. We assume competency,
commitment, and caring on the part of every team member and will provide you with the
feedback, tools, and support necessary for you to excel.
DOING RIGHT
We are committed to doing the right things the right way. Our actions will always be guided by
an effort to do the right thing. Our dealings with customers, team members, suppliers, and
others will always be conducted with honesty. Doing right by our team members and
customers creates a stronger organization and a more rewarding workplace.
REACHING HIGHER
We constantly seek improvement in all that we do in the safety and quality of our services, in
our team members, and in how we compete for business. We will work hard to ensure that our
team members have the platform and support to explore their creativity and skills and further
enhance themselves and their ability to reach higher.
MISSION STATEMENT
To be recognized by our clients and those in our industry as being the very best at what we do .
VISION STATEMENT
To be recognized as the premier provider of pest management services in the local markets we
serve.
OBJECTIVES
Listen & Care, Continuous Improvement, Lifetime Clients, Invest in Growth, Keep Our Promises,
Safety.
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IMPORTANT NOTICE
The CERTUS Team Member Handbook will provide you with information about our culture,
team member benefits, and some of the policies affecting your employment. While we have
tried to anticipate the many things you would want to know, we know this book may not
answer all of your questions. Your manager, leadership, and the Human Resources Department
will be your primary sources of information for additional questions that you may have.
A quick note: The content of this CERTUS Team Member Handbook is presented solely for your
reference. It is not intended to and does not create an express or implied contract of
employment or any other contractual rights, obligations, or liabilities.
Because the CERTUS Team Member Handbook is not a contract, it does not contain any
promises by CERTUS, and CERTUS is not contractually or otherwise legally bound by it. More
specifically, the CERTUS Team Member Handbook should not be considered as or relied upon
by team members as establishing terms and conditions of employment.
Your employment relationship with CERTUS is at will, which means your employment with
CERTUS may be terminated by either CERTUS or you at any time, with or without cause and
with or without advanced notice. Your employment at-will status with CERTUS may be altered
will, you are not guaranteed employment or any particular job, type of work, or any other term
or condition of employment for any specified period of time.
We review the content of this CERTUS Team Member Handbook periodically, and it may change
from time to time at our sole discretion. Final interpretation and implementation of any of the
policies in this CERTUS Team Member Handbook are reserved solely for CERTUS management.
We do reserve the right to deviate from the policies in this CERTUS Team Member Handbook at
any time.
This CERTUS Team Member Handbook supersedes all prior handbooks, manuals, policies, and
procedures issued by CERTUS regarding the issues covered in the CERTUS Team Member
Handbook. Since the policies and procedures set forth in this CERTUS Team Member Handbook
are very important, any violation may result in corrective action, up to and including
termination.
This CERTUS Team Member Handbook is intended to comply with all applicable federal, state,
and local laws. All policies and provisions in this CERTUS Team Member Handbook will be
interpreted and administered in accordance with all applicable federal, state, and local laws. In
the event any policy or provision conflicts with any federal, state, or local law, the policy or
provision will be interpreted and administered in accordance with the applicable federal, state,
or local law.
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At the conclusion of this CERTUS Team Member Handbook may be an Addendum that sets
forth specific state- or local-mandated policies applicable to the state or local jurisdiction in
which you work.
The handbook applies to CERTUS and all affiliates.
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SERVICE STANDARDS
At CERTUS, our service standards define our customer experience. The CERTUS service
standards have been developed to ensure client satisfaction with the services provided and to
assure the ongoing maintenance of a high standard of service delivery.
CUSTOMER ORIENTED
We will make our goal to exceed the expectations of all our customers. We will work to
anticipate the needs of those we serve by proactively working to meet their needs. We will hold
ourselves and each other accountable for our service commitment.
EDUCATE
As a people first organization we are committed to the ongoing personal and professional
development of our team members. We encourage you to train in subjects and applications
relevant to your position to ensure that you are confident in your current role and to create a
pathway to your future growth.
We will rely on our service team members to educate our customers on the services we provide
and the services that are of value to them with the understanding that it builds customer trust,
reduces complaints, and enhances customer loyalty.
RESPECT
Excellence comes out of respect, which is at the heart of customer service. At CERTUS, we are
committed to creating excellence internally by treating our team members with the same
respect and attitude we want customers to be treated with. It is the expectation that you will
treat your customers and your CERTUS team members with respect.
TIMELINESS
We will service our customers in a timely fashion. Well-served customers are loyal customers,
and loyal customers mean steady business.
UNIFORM
We will always present a professional image. Our uniforms reflect the company standard and
establish our brand. The display of our logo provides immediate credibility to our customers.
SAFETY
The safety of our team members and customers is the number one priority for CERTUS. Each
team member plays an important role in ensuring their own safety to prevent injury, illness, or
death from workplace accidents. To maintain a safe workplace, all field team members must
complete mandatory safety training, perform inspections, complete safety checklists, and
follow safety protocols consistently while at work.
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CERTUS TEAM MEMBER HANDBOOK HIGHLIGHTS
Team Member
Handbook. So, we wanted to call out some of the highlights before you dig in. For easy
reference, we have highlighted certain important items on this page.
We work hard to provide our team members with a set of benefits that help serve your needs
well. You can read about the kinds of benefits we offer beginning on page 41.
You can find information about holidays on page 44. Additionally, regular full-time CERTUS
team members receive 10 vacation days annually. If you have been with us for three (3) years,
we increase this to 15 days annually, and if you have been with us for eight (8) years, we
increase this again to 20 days annually. Our vacation policy can be found on page 43.
Open communication from every single team member is essential to creating a productive,
collaborative workplace, and we encourage you to share any ideas or concerns you might have.
Information about our open-door policy can be found on pages 10 and 11
information there about our 24/7 anonymous Lighthouse Helpline at 1-833-490-0007 or 1-800-
216-1288 (Spanish). If you see or hear something, say something!
Being a great team member includes being sure to arrive at work on time and providing
adequate notice on those days when you are going to be late or absent or on which you will
need to leave early. Schedules are set at the local level.
CERTUS takes pride in providing equal opportunities for everybody. We will neither engage in
nor tolerate unlawful discrimination, harassment, or retaliation. They are absolutely prohibited.
You can read more about this on pages 12 20.
Nothing is more important to our business than customer privacy and workplace safety: this
means protecting our customers personal information and ensuring that we have a safe
workplace. Y
to the privacy policy on pages 25 and 26.
Looking for more information on a policy or benefit? Send a note to hr@certus.com.
Violation of any policy in this CERTUS Team Member Handbook is cause for corrective action,
up to and including termination (even if the policy does not specifically state this).
Thank you for reading! Please let us know if you have any questions.
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EMPLOYMENT POLICIES & PRACTICES
Business Ethics & Conduct
Fair dealing and ethical conduct are core CERTUS values central to everything we do. Our
reputation for integrity and excellence requires careful observance of all applicable laws and
regulations, as well as following the highest standards of conduct and personal integrity.
The continued success of CERTUS is dependent upon our customers
dedicated to conserving that trust. Team members are responsible for acting in a lawful and
ethical way that will merit the continued trust and confidence of our customers and the public
at large.
CERTUS will comply with all applicable laws and regulations and expects all team members to
conduct business in accordance with the letter, spirit, and intent of all relevant laws and to
refrain from any illegal, dishonest, or unethical conduct.
In general, the use of good judgment, based on high ethical principles, will guide you with
respect to lines of acceptable conduct. If a situation arises where it is difficult to determine the
proper course of action, please ask your immediate manager or, if you prefer, a manager or
officer in the HR Department. The Lighthouse Helpline is also always available for questions or
concerns you would prefer to voice confidentially. For more information on the Lighthouse
Helpline, see the open-door policy below.
Compliance with this policy of business ethics and conduct is the responsibility of every CERTUS
team member. Failing to comply with this standard of business ethics and conduct could lead to
corrective action, up to and including termination of employment.
Open-Door Policy
We are all part of one team, no matter where we work, and everyone shares responsibility for
good communication. If you have any questions about the information contained in this
CERTUS Team Member Handbook or anything else relating to your job, please ask. You should
always feel free to talk with your manager, any member of the management team, or the HR
Department about issues that might concern you or any other team member.
We want all our team members to be proud to work at CERTUS and to be part of an inspiring,
productive, and friendly working environment. Therefore, we strive to provide competitive
work conditions, salaries, and benefits. If you have concerns about work conditions,
compensation, or anything else, you are encouraged to voice these concerns to your manager,
any member of the management team, or the HR Department.
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We will respond to all team member concerns. You may not always get the answer you hope
for, but we strive always to provide a thoughtful and transparent response.
Policy on Reporting Suspected Illegal, Unethical, or Unsafe Behavior
We expect all our team members and business partners to conduct themselves lawfully and
ethically when representing the company or doing any work on behalf of the company. The
company will neither engage in nor tolerate unlawful, unethical, or unsafe behavior regarding
any of its policies, practices, or operations.
If you believe that any team member of the company, or any other individual or entity
performing work for the company, has engaged in illegal, unethical, or unsafe conduct of any
kind, immediately contact your manager or HR, who will ensure that your concern is
appropriately investigated.
The company also has established an external hotline so that you can report concerns about
illegal, unethical, or unsafe behavior. Using Lighthouse Helpline is easy. Simply dial, toll-free
from any phone, 1-833-490-0007 or 1-800-216-1288 (Spanish). For more information on the
Lighthouse Helpline, see the open-door policy on pages 12 and 13.
You can report complaints anonymously to Lighthouse, if you wish; however, the company
ability to conduct a thorough investigation may be limited if it does not have the opportunity to
speak with you as part of its investigation.
In all cases, if you make a complaint, the company will:
- conduct a prompt and fair investigation;
- disclose allegations only to the extent necessary to conduct the investigation or take
corrective action (keeping the allegations as confidential as possible);
- take corrective action with respect to any team member or other person who has
engaged in illegal, unethical, and/or unsafe behavior, including discipline up to and
including termination of the employment or other relationship; and
- not tolerate any unlawful retaliation of any kind by anyone against anyone who in good
faith makes a complaint, serves as a witness, or otherwise participates in the
investigation. The company also will not engage in or tolerate unlawful retaliation of any
kind by anyone against someone associated with the complainant.
If you are not entirely satisfied with how your report has been handled, please contact your
manager or HR so that they can ensure that your concern is appropriately investigated.
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If you are an officer, manager, or supervisor and anyone raises with you any concerns about
suspected illegal, unethical, or unsafe behavior, you must report this by contacting your HR
representative or any member of the CERTUS leadership team. You may neither keep the
concern confidential nor resolve the concern on your own.
Contact Information
You can contact CERTUS HR at hr@certuspest.com.
Equal Employment Opportunity
CERTUS is committed to ensuring equal employment opportunity. All employment decisions,
policies, and practices are in accordance with applicable federal, state, and local anti-
discrimination laws. CERTUS will not engage in or tolerate unlawful discrimination (including
any fo
race, color, religion, creed, national origin, ancestry, citizenship, immigrant status, military
status, veteran status, mental or physical disability or handicap, genetic information, sexual
orientation, gender identity or expression, marital status, familial status, domestic partner
status, the use of a guide or support animal, or membership of any other protected group.
For example, and by way of illustration only, the company will not unlawfully consider an
of any protected group as defined above with regard to interviewing,
hiring, compensation, benefits, training, assignments, evaluations, coaching, promotions,
discipline, discharge, and layoffs.
This entire policy applies to all team members, and applicants. All such individuals are both
protected under and restricted by this entire policy. You are protected in terms of your right to
have a working environment free from unlawful discrimination, harassment, and retaliation and
other inappropriate conduct as described in this policy. You are restricted in terms of your
being prohibited from engaging in unlawful discrimination, harassment, and retaliation and
other inappropriate conduct as described in this policy.
In this policy, we include specific examples of inappropriate conduct. It is not our intent to
make anyone uncomfortable. To the contrary, we provide specific examples to help avoid
confusion on whether something is appropriate. If you have any question as to whether
something may be inappropriate, .
Policy Prohibiting Harassment
CERTUS is committed to maintaining a work environment that is free of discrimination. In
keeping with this commitment, CERTUS has a zero-tolerance policy pertaining to unlawful
harassment. We will not tolerate the unlawful harassment of our team members by anyone,
including any supervisor, coworker, or third party. Harassment includes bullying, intimidation,
direct insults, malicious gossip, and victimization.
are some instances that we consider harassment:
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- Sabo
- Engaging in frequent or unwanted advances of any nature
-
-
- Ridiculing someone in front of others or singling them out to perform tasks unrelated to
their job (e.g., bringing coffee) against their will
Sexual harassment is a form of sex discrimination. Consistent with the foregoing, the following
behaviors are prohibited, whether by a man or a woman and whether directed at a man or a
woman:
- To threaten or insinuate, expressly or implicitly, that any person is required to submit to
sexual advances or to provide sexual favors as a condition of employment, continued
employment, or any term, condit
refusal to submit to sexual advances or to provide sexual favors will adversely affect the
, or any term, condition, or benefit of
employment
- To make any employment d
submission to or refusal to submit to sexual advances
- To engage in unwelcome sexually oriented or otherwise hostile conduct that has the
purpose or effect of interfering unreasonably with another pe
or of creating an intimidating, hostile, abusive, or offensive working environment
The following behaviors and communications are inappropriate, and are prohibited, whether or
not illegal:
- Linking or conditioning any employment decision, benefit, or other practice to a
- Demanding or requesting sex or sexual favors
- Requesting a date from someone after the recipient of the request already has said no
to a prior request
- Providing preferential treatment to someone with whom the team member is having a
sexual or romantic relationship
- Sexually assaulting another individual
- Engaging in unwelcome and/or inappropriate physical contact, such as patting, pinching,
o
- Making sexually oriented or degrading gestures
It is important to keep in mind that these are only some examples of inappropriate behavior. If
you have any question about whether behavior is inappropriate, it.
Page | 13
It is also important to remember that these prohibitions apply not only to oral and written
communications but also to e-mail, voicemail, Internet communications and searches, and
other technology-assisted communications.
These prohibitions apply to social media if such content is about team members, members,
business partners, or others with whom the company does or may do business or becomes
known by or could become known by team members, members, business partners, or others
with whom the company does business.
The prohibitions on inappropriate behavior set forth above apply not only in CERTUS offices but
also anywhere we operate, as well as on business trips and at business-related social functions,
or while otherwise representing CERTUS, such as while in uniform.
It is of no defense to inappropriate behavior that there was no bad intent, that it was only a
Harassment on Account of or Regarding Any Protected Group
of any protected group (e.g., race, color,
religion, or belief; national, social, or ethnic origin; sex, including pregnancy; age; physical,
mental, or sensory disability; HIV status; sexual orientation; gender identity and/or expression;
marital, civil union, or domestic partnership status; past or present military service; family
medical history or genetic information; family or parental status; or any other status protected
by the laws or regulations in the locations where we operate) is equally prohibited and will not
be tolerated.
The following behaviors, communications, and so forth are inappropriate, and as such,
prohibited, regardless of whether they are illegal:
- Derogatory comments of any protected group
- Displays of cartoons, calendars, computer software, pictures, etc. that are degrading to
or reflect negatively upon any protected group
- , or stories that have the purpose or effect of stereotyping,
demeaning, or making fun of any protected group;
pregnancy, or religion
- Slurs to describe any protected group
- Nicknames that of any protected group
- Verbal or nonverbal innuendo that relates to or reflects negatively upon any protected
group; or physical limitations or
characteristics
- Hate symbols or other symbols that suggest the inferiority of any group
It is important to keep in mind that these are only some examples of inappropriate behavior. If
you have any question about whether behavior is inappropriate, . It is also important
Page | 14
to remember that these prohibitions apply not only to oral and written communications but
also to e-mail, voicemail, Internet communications and searches, and other technology-assisted
communications.
These prohibitions apply to social media if such content is about team members, members,
business partners, or others with whom the company does or may do business or becomes
known by or could become known by team members, members, business partners, or others
with whom the company does business.
The prohibitions on inappropriate behavior set forth above apply not only in CERTUS offices but
also anywhere we operate, as well as on business trips and at business-related social functions
or while otherwise representing CERTUS, such as while in uniform.
It is of no defense to inappropriate behavior that there was no bad intent, that it was only a
Anti-Bullying Policy
CERTUS defines bullying as repeated, health-harming mistreatment of one or more people by
one or more perpetrators. It is abusive conduct that includes but is not limited to
- Threatening, humiliating, or intimidating behaviors
- Work interference or sabotage that prevents work from getting done
- Verbal abuse
Such behavior violates the CERTUS diversity and inclusion policy, which clearly states that all
team members will be treated with dignity and respect.
CERTUS considers the following types of behavior examples of bullying:
- Verbal bullying. Slandering, ridiculing, or maligning a person or their family; persistent
name calling that is hurtful, insulting, or humiliating; using a person as the butt of jokes;
abusive and offensive remarks.
- Physical bullying. Pushing, shoving, kicking, poking, tripping, assault or threat of physical
assault, damage to a person s work area or property.
- Gesture bullying. Nonverbal gestures that can convey threatening messages.
- Exclusion. Socially or physically excluding or disregarding a person in work-related
activities.
In addition, while this list is not meant to be exhaustive, the following examples may constitute
or contribute to evidence of bullying in the workplace:
- Persistent singling out of one person
- Shouting or raising one s voice at an individual in public or in private
- Using obscene or intimidating gestures
- Personal insults and use of offensive nicknames
- Public humiliation in any form
Page | 15
- Constant criticism on matters unrelated or minimally related to the person s job
performance or description
- Public reprimands
- Repeatedly
Preview
Filing # 161406920 E-Filed 11/17/2022 08:34:53 AM IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION CERTUS PEST, INC., a Delaware corporation Plaintiff, v. Case No. ____________________ KEVIN BARRETT, an individual Defendant. / COMPLAINT CERTUS PEST, INC. (“Certus” or “Plaintiff”) hereby files its Complaint against KEVIN BARRETT (“Barrett” or “Defendant”), and states: Parties, Jurisdiction, Venue 1. This Complaint is brought by Certus to recover damages in excess of $30,000.00, exclusive of costs, interest and attorneys’ fees. 2. Venue and jurisdiction are proper in this Court pursuant to section 47.011, Fla. Stat. 3. Certus is a Delaware corporation with its principal place of business in Tampa, Florida. 4. Barrett is an individual who, upon information and belief, resides in Saint Cloud, Florida within Osceola County. 5. Certus has performed all conditions precedent to the filing of each claim herein or, in the alternative, the conditions precedent have been waived or otherwise excused. FACTUAL BACKGROUND 1. Certus employed Barrett from March 21, 2022 to September 14, 2022. 2. As a condition of his employment with Certus, on February 21, 2022, Barrett executed a noncompetition agreement (the “Non-Compete Agreement”). See Exhibit A. 3. Additionally, on February 21, 2022, Barrett was provided with a copy of Certus’ team member handbook (the “Handbook”), which Barrett signed, and further he signed an acknowledgement (the “Acknowledgment”) agreeing to abide by the Handbook. See Exhibit B (Handbook) and Exhibit C (Acknowledgment). 4. Barrett’s agreement to abide by the terms of the Handbook, as memorialized in the Acknowledgement, and agreement to abide by his Non-Compete Agreement were material inducements for Certus to employ Barrett. 5. The Non-Compete Agreement provided that Barrett would not compete with Certus for a year following his separation of employment from Certus and that he would keep Certus’ information and trade secrets confidential. 6. The Acknowledgment provided that Barrett might receive confidential information during his employment with Certus and that Barrett agreed not to disclose the information to a competitor or any other person or corporation. 7. The Handbook prohibits certain forms of harassment of Certus’ employees, including “malicious gossip” or “[s]tarting or spreading rumors about a person’s personal life[.]” See Exhibit B, at pp.12-13. The Handbook’s provisions expressly apply to social media. See id. at pp. 14-15. The Handbook notes that its employees should not “post anything online that you know is false.” Id. at p.41. 8. The Handbook contains Certus’ Privacy Policy which explicitly states that upon separation from employment with Certus, employees should return Certus’ confidential information to Certus and delete any such information from the employees’ personal devices. See 2 id. at p. 26. The Handbook warns that Certus will investigate any breaches of its Privacy Policy and that employees who do not abide by the Privacy Policy “will face corrective and, possibly legal action.” Id. 9. Significantly, the Handbook provides that the Privacy Policy “is binding even after separation of employment.” Id. 10. Certus’ policy on returning Certus’ property upon separation from employment is reiterated a second time in the Handbook: Id. at p.38. 11. The Handbook cautions that Certus may “take all action deemed appropriate to recover or protect its property.” Id. at p.39. 12. Barrett ended his employment with Certus when he sent a resignation letter to Certus on September 12, 2022. 13. Following Barrett’s resignation from Certus, upon information and belief, Barrett has defamed Certus and its employees. 3 14. Specifically, upon information and belief, Barrett has made false statements that Certus instructed him to solicit candidates from competitors, and that Certus, through its officials and/or employees, committed unethical acts, including, but not limited to, cheating employees out of their pay, and made untruthful statements. Upon information and belief, Barrett made these false statements to, among others, Certus’ competitor(s). 15. Such statements are false, unprivileged, and are not pure opinions. Barrett knew such statements were false when he made those statements or he made the statements without reasonable care as to whether those statements were true or false. 16. Further, following Barrett’s resignation from Certus, Barrett violated Certus’ Handbook by destroying Certus’ property and files from Certus’ database. 17. On October 4, 2022, Certus sent a letter to Barrett putting him on notice of Certus being aware of his defamatory statements and destruction of Certus’ files from Certus’ database. See Exhibit D (the “Letter”). The Letter demanded Barrett cease making defamatory comments about Certus and its employees and informed Barrett that Certus was in the process of investigating the issues raised therein. See id. 18. Barrett’s defamatory statements about Certus and its employees are substantially and materially false, and have caused (and continue to cause) Certus irreparable harm. Barrett’s defamatory statements are reasonably susceptible to only one meaning. 19. Certus lacks an adequate remedy at law and the entry of an injunction will not adversely affect the public interest. 20. Rather, the entry of an injunction will serve the public interest because such an injunction promotes general adherence to enforcing parties’ contractual promises and preventing disgruntled former employees from perpetuating false and defamatory statements. 4 21. As a direct and proximate result of Barrett’s defamatory statement and destruction of Certus’ documents, Certus has been damaged. 22. Certus has a substantial likelihood of success on the merits, as Barrett has breached his contractual obligations to Certus and published false statements about Certus and its employees. 23. The harm caused to Certus by Barrett’s destruction of documents and defamatory statements outweighs any possible harm to Barrett. Count I –Breach of Fiduciary Duty 24. Certus re-alleges and incorporates herein its allegations set forth in paragraphs 1 through 23 above. 25. Barrett has both express and implied fiduciary duties to Certus. 26. Barrett owes Certus an implied fiduciary duty by virtue of having been employed by Certus and as a result of Certus having placed trust and confidence in Barrett when Certus allowed Barrett access to its confidential information. 27. Barrett accepted Certus’ confidence and trust by working for Certus, agreeing to keep Certus’ information confidential, and accessing Certus’ database. 28. Certus and Barrett’s employment relationship contained a degree of dependency from Certus and an undertaking by Barrett to protect and/or benefit Certus and its confidential information. 29. Certus relied on Barrett’s acceptance of its confidence and trust by continuing to provide Barrett with access to its database of confidential information. 30. Barrett also had express fiduciary duties to Certus. For example, Barrett accepted Certus’ confidence and trust by contractually agreeing to abide by the Handbook’s policies in the 5 Acknowledgment, some of which imposed an obligation on Barrett to return all confidential information upon separation from his employment with Certus and to destroy such information from his personal devices. 31. Barrett breached his fiduciary duties to Certus by failing to abide by the Handbook and his Non-Compete Agreement obligations, including but not limited to Barrett’s transmittal of defamatory statements about Certus and its employees as well as Barrett’s destruction of Certus’ information from its database. 32. Barrett’s breach of his fiduciary duties to Certus has proximately and directly caused (and continues to cause) Certus damages. WHEREFORE, Certus demands (a) compensatory damages, (b) injunctive relief precluding Barrett from publishing defamatory statements regarding Certus and its employees, and (c) any other relief the Court deems just and proper. Count II – Breach of Contract 33. Certus re-alleges and incorporates herein its allegations set forth in paragraphs 1 through 23 above. 34. Barrett contractually agreed to abide by the Handbook when he executed the Acknowledgement. 35. Barrett also contractually agreed to abide by the Non-Compete Agreement. 36. Barrett violated the Handbook and breached his contractual duties to Certus when he destroyed Certus’ confidential information from Certus’ database. 37. Additionally, Barrett violated the Handbook and breached his contractual duties to Certus by, upon information and belief, defaming Certus and its employees and publishing information that Barrett knows to be false about Certus and its employees. 6 38. Certus has been damaged as a direct and proximate result of Barrett’s breach of his contractual duties. WHEREFORE, Certus demands compensatory damages, and any other relief the Court deems just and proper. Count III – Defamation (Libel/Slander) 39. Certus re-alleges and incorporates herein its allegations set forth in paragraphs 1 through 23 above. 40. Upon information and belief, Barrett made a false, unprivileged, and defamatory statement concerning Certus, specifically, Barrett made false statements that Certus instructed him to solicit candidates from competitors, and that Certus, through its officials and/or employees, committed unethical acts, including, but not limited to, cheating employees out of their pay, and made untruthful statements. Upon information and belief, Barrett made these false and defamatory statements to, among others, Certus’ competitor(s). 41. Barrett knew such statements were false when he made those statements or he made the statements without reasonable care as to whether those statements were true or false. 42. Barrett’s defamatory statements tend so to harm Certus’ and its employees’ reputations as to lower Certus and its employees in the estimation of the community and to deter third persons from associating or dealing with Certus and its employees. 43. As a direct and proximate result of Barrett’s publication and transmittal of defamatory statements, Certus and its employees have been damaged, and has suffered (and continues to suffer) reputational harm, loss of standing in the community, and lost profits. 7 WHEREFORE, Certus demands judgment against Barrett for damages, injunctive relief precluding Barrett from making future defamatory statements, and for any other relief the Court deems just and proper. Dated: November 17, 2022 /s/ Ella A. Shenhav ELLA A. SHENHAV Florida Bar Number 081996 SHUTTS & BOWEN LLP 4301 W. Boy Scout Blvd., Suite 300 Tampa, FL 33607 Telephone No.: (813) 229-8900 Facsimile No.: (813) 229-8901 eshenhav@shutts.com Secondary: ldeleary@shutts.com Attorneys for Plaintiff TPADOCS 24513414 4 8 Exhibit A Exhibit B Exhibit C WELCOME TO CERTUS! We are thrilled to have you as a part of our team! I am excited to welcome all of you to the CERTUS family. As a CERTUS team member, you now represent CERTUS and play a vital role in ensuring that we continue to provide our clients with the world-class service they have come to expect from us. CERTUS was founded in 2019, with a focus on three core values: people first, doing right, and reaching higher. CERTUS firmly believes that by staying focused on these three core values, we can build a top-10 pest control company that delivers world-class service while at the same time being the employer of choice in the pest control industry. CERTUS is first and foremost a people first company. People first means that CERTUS is committed to taking care of all our team members by providing stability of employment, opportunities for advancement, and a good salary with excellent benefits. We are also committed to involving you, wherever possible, in the decision-making process. It is our sincere wish that you will have a long, happy, and prosperous career here at CERTUS. Again, welcome to the CERTUS family. Best, Mike Givlin, CEO, CERTUS Page | 2 Table of Contents WELCOME TO CERTUS! ........................................................................................................................................... 2 CORE VALUES ............................................................................................................................................................ 5 MISSION STATEMENT ..............................................................................................................................................5 VISION STATEMENT ................................................................................................................................................. 5 OBJECTIVES................................................................................................................................................................ 5 IMPORTANT NOTICE ................................................................................................................................................ 6 SERVICE STANDARDS.............................................................................................................................................. 8 CERTUS TEAM MEMBER HANDBOOK HIGHLIGHTS.........................................................................................9 EMPLOYMENT POLICIES & PRACTICES............................................................................................................. 10 Business Ethics & Conduct ..................................................................................................................................... 10 Open-Door Policy .................................................................................................................................................... 10 Policy on Reporting Suspected Illegal, Unethical, or Unsafe Behavior .................................................................. 11 Equal Employment Opportunity .............................................................................................................................. 12 Policy Prohibiting Harassment ................................................................................................................................ 12 Harassment on Account of or Regarding Any Protected Group ..............................................................................14 Anti-Bullying Policy................................................................................................................................................ 15 Reasonable Accommodations ..................................................................................................................................16 Policy Prohibiting Retaliation..................................................................................................................................17 Unlawful Discrimination, Retaliation, & Harassment by Non-Team Members ......................................................17 Sanctions for Violations of CERTUS’s Equal Employment Opportunity Policy .................................................... 19 Diversity & Inclusion .............................................................................................................................................. 19 Drug-Free Workplace Policy ................................................................................................................................... 22 Privacy Policy .......................................................................................................................................................... 25 Orientation ............................................................................................................................................................... 27 Training ................................................................................................................................................................... 27 Feedback, Annual Performance, & Salary Reviews ................................................................................................ 27 Personal Appearance (Dress Code) ......................................................................................................................... 27 Office Team Members ......................................................................................................................................... 28 Service Team Members .......................................................................................................................................30 Smoking Policy........................................................................................................................................................ 32 Vehicle Policy ......................................................................................................................................................... 32 Background Investigations ...................................................................................................................................... 33 Work Authorization ................................................................................................................................................. 33 Personal Records and Access to Files......................................................................................................................34 Seniority .................................................................................................................................................................. 34 STANDARDS OF CONDUCT ................................................................................................................................... 35 Violence in the Workplace ......................................................................................................................................36 Possession of Weapons ............................................................................................................................................ 36 Page | 3 Corrective Action Procedures ..................................................................................................................................37 Separation of Employment ......................................................................................................................................38 Computer and Electronic Communications .............................................................................................................39 Social Networking (Including Blogging) ................................................................................................................40 Nepotism.................................................................................................................................................................. 41 TEAM MEMBER BENEFITS .................................................................................................................................... 43 Workers’ Compensation Insurance ..........................................................................................................................44 Vacation...................................................................................................................................................................44 Holidays...................................................................................................................................................................45 Inclement Weather ................................................................................................................................................... 46 Wages, Working Hours, & Time Keeping............................................................................................................... 46 Falsifying Time Records.......................................................................................................................................... 47 Exempt Team Members...........................................................................................................................................48 Work Schedules ....................................................................................................................................................... 49 TRAVEL & EXPENSE POLICY ............................................................................................................................... 50 General Information Regarding Business Travel ....................................................................................................50 Lodging.................................................................................................................................................................... 53 Meals, Entertainment, & Other Expenses ................................................................................................................53 Expense Reporting Procedures ................................................................................................................................54 Important Information Regarding Receipts ............................................................................................................. 54 Timely Filing of Expense Reports ...........................................................................................................................54 Page | 4 CORE VALUES CERTUS, Inc., operates within a set of core values that frames our strategy and culture. Our team members and brand reputation are our most valuable resources, and as such, we cannot overemphasize the importance of safety. Our values provide our team members with standards of behavior necessary to maintain and enhance our organization. It is our goal to ensure that the actions of each team member are consistent with these values: PEOPLE FIRST We are people first. Being people first means we are committed to creating an environment where people can be at their best to help the company win. We assume competency, commitment, and caring on the part of every team member and will provide you with the feedback, tools, and support necessary for you to excel. DOING RIGHT We are committed to doing the right things the right way. Our actions will always be guided by an effort to do the right thing. Our dealings with customers, team members, suppliers, and others will always be conducted with honesty. Doing right by our team members and customers creates a stronger organization and a more rewarding workplace. REACHING HIGHER We constantly seek improvement in all that we do in the safety and quality of our services, in our team members, and in how we compete for business. We will work hard to ensure that our team members have the platform and support to explore their creativity and skills and further enhance themselves and their ability to reach higher. MISSION STATEMENT To be recognized by our clients and those in our industry as being the very best at what we do . VISION STATEMENT To be recognized as the premier provider of pest management services in the local markets we serve. OBJECTIVES Listen & Care, Continuous Improvement, Lifetime Clients, Invest in Growth, Keep Our Promises, Safety. Page | 5 IMPORTANT NOTICE The CERTUS Team Member Handbook will provide you with information about our culture, team member benefits, and some of the policies affecting your employment. While we have tried to anticipate the many things you would want to know, we know this book may not answer all of your questions. Your manager, leadership, and the Human Resources Department will be your primary sources of information for additional questions that you may have. A quick note: The content of this CERTUS Team Member Handbook is presented solely for your reference. It is not intended to and does not create an express or implied contract of employment or any other contractual rights, obligations, or liabilities. Because the CERTUS Team Member Handbook is not a contract, it does not contain any promises by CERTUS, and CERTUS is not contractually or otherwise legally bound by it. More specifically, the CERTUS Team Member Handbook should not be considered as or relied upon by team members as establishing terms and conditions of employment. Your employment relationship with CERTUS is at will, which means your employment with CERTUS may be terminated by either CERTUS or you at any time, with or without cause and with or without advanced notice. Your employment at-will status with CERTUS may be altered will, you are not guaranteed employment or any particular job, type of work, or any other term or condition of employment for any specified period of time. We review the content of this CERTUS Team Member Handbook periodically, and it may change from time to time at our sole discretion. Final interpretation and implementation of any of the policies in this CERTUS Team Member Handbook are reserved solely for CERTUS management. We do reserve the right to deviate from the policies in this CERTUS Team Member Handbook at any time. This CERTUS Team Member Handbook supersedes all prior handbooks, manuals, policies, and procedures issued by CERTUS regarding the issues covered in the CERTUS Team Member Handbook. Since the policies and procedures set forth in this CERTUS Team Member Handbook are very important, any violation may result in corrective action, up to and including termination. This CERTUS Team Member Handbook is intended to comply with all applicable federal, state, and local laws. All policies and provisions in this CERTUS Team Member Handbook will be interpreted and administered in accordance with all applicable federal, state, and local laws. In the event any policy or provision conflicts with any federal, state, or local law, the policy or provision will be interpreted and administered in accordance with the applicable federal, state, or local law. Page | 6 At the conclusion of this CERTUS Team Member Handbook may be an Addendum that sets forth specific state- or local-mandated policies applicable to the state or local jurisdiction in which you work. The handbook applies to CERTUS and all affiliates. Page | 7 SERVICE STANDARDS At CERTUS, our service standards define our customer experience. The CERTUS service standards have been developed to ensure client satisfaction with the services provided and to assure the ongoing maintenance of a high standard of service delivery. CUSTOMER ORIENTED We will make our goal to exceed the expectations of all our customers. We will work to anticipate the needs of those we serve by proactively working to meet their needs. We will hold ourselves and each other accountable for our service commitment. EDUCATE As a people first organization we are committed to the ongoing personal and professional development of our team members. We encourage you to train in subjects and applications relevant to your position to ensure that you are confident in your current role and to create a pathway to your future growth. We will rely on our service team members to educate our customers on the services we provide and the services that are of value to them with the understanding that it builds customer trust, reduces complaints, and enhances customer loyalty. RESPECT Excellence comes out of respect, which is at the heart of customer service. At CERTUS, we are committed to creating excellence internally by treating our team members with the same respect and attitude we want customers to be treated with. It is the expectation that you will treat your customers and your CERTUS team members with respect. TIMELINESS We will service our customers in a timely fashion. Well-served customers are loyal customers, and loyal customers mean steady business. UNIFORM We will always present a professional image. Our uniforms reflect the company standard and establish our brand. The display of our logo provides immediate credibility to our customers. SAFETY The safety of our team members and customers is the number one priority for CERTUS. Each team member plays an important role in ensuring their own safety to prevent injury, illness, or death from workplace accidents. To maintain a safe workplace, all field team members must complete mandatory safety training, perform inspections, complete safety checklists, and follow safety protocols consistently while at work. Page | 8 CERTUS TEAM MEMBER HANDBOOK HIGHLIGHTS Team Member Handbook. So, we wanted to call out some of the highlights before you dig in. For easy reference, we have highlighted certain important items on this page. We work hard to provide our team members with a set of benefits that help serve your needs well. You can read about the kinds of benefits we offer beginning on page 41. You can find information about holidays on page 44. Additionally, regular full-time CERTUS team members receive 10 vacation days annually. If you have been with us for three (3) years, we increase this to 15 days annually, and if you have been with us for eight (8) years, we increase this again to 20 days annually. Our vacation policy can be found on page 43. Open communication from every single team member is essential to creating a productive, collaborative workplace, and we encourage you to share any ideas or concerns you might have. Information about our open-door policy can be found on pages 10 and 11 information there about our 24/7 anonymous Lighthouse Helpline at 1-833-490-0007 or 1-800- 216-1288 (Spanish). If you see or hear something, say something! Being a great team member includes being sure to arrive at work on time and providing adequate notice on those days when you are going to be late or absent or on which you will need to leave early. Schedules are set at the local level. CERTUS takes pride in providing equal opportunities for everybody. We will neither engage in nor tolerate unlawful discrimination, harassment, or retaliation. They are absolutely prohibited. You can read more about this on pages 12 20. Nothing is more important to our business than customer privacy and workplace safety: this means protecting our customers personal information and ensuring that we have a safe workplace. Y to the privacy policy on pages 25 and 26. Looking for more information on a policy or benefit? Send a note to hr@certus.com. Violation of any policy in this CERTUS Team Member Handbook is cause for corrective action, up to and including termination (even if the policy does not specifically state this). Thank you for reading! Please let us know if you have any questions. Page | 9 EMPLOYMENT POLICIES & PRACTICES Business Ethics & Conduct Fair dealing and ethical conduct are core CERTUS values central to everything we do. Our reputation for integrity and excellence requires careful observance of all applicable laws and regulations, as well as following the highest standards of conduct and personal integrity. The continued success of CERTUS is dependent upon our customers dedicated to conserving that trust. Team members are responsible for acting in a lawful and ethical way that will merit the continued trust and confidence of our customers and the public at large. CERTUS will comply with all applicable laws and regulations and expects all team members to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct. In general, the use of good judgment, based on high ethical principles, will guide you with respect to lines of acceptable conduct. If a situation arises where it is difficult to determine the proper course of action, please ask your immediate manager or, if you prefer, a manager or officer in the HR Department. The Lighthouse Helpline is also always available for questions or concerns you would prefer to voice confidentially. For more information on the Lighthouse Helpline, see the open-door policy below. Compliance with this policy of business ethics and conduct is the responsibility of every CERTUS team member. Failing to comply with this standard of business ethics and conduct could lead to corrective action, up to and including termination of employment. Open-Door Policy We are all part of one team, no matter where we work, and everyone shares responsibility for good communication. If you have any questions about the information contained in this CERTUS Team Member Handbook or anything else relating to your job, please ask. You should always feel free to talk with your manager, any member of the management team, or the HR Department about issues that might concern you or any other team member. We want all our team members to be proud to work at CERTUS and to be part of an inspiring, productive, and friendly working environment. Therefore, we strive to provide competitive work conditions, salaries, and benefits. If you have concerns about work conditions, compensation, or anything else, you are encouraged to voice these concerns to your manager, any member of the management team, or the HR Department. Page | 10 We will respond to all team member concerns. You may not always get the answer you hope for, but we strive always to provide a thoughtful and transparent response. Policy on Reporting Suspected Illegal, Unethical, or Unsafe Behavior We expect all our team members and business partners to conduct themselves lawfully and ethically when representing the company or doing any work on behalf of the company. The company will neither engage in nor tolerate unlawful, unethical, or unsafe behavior regarding any of its policies, practices, or operations. If you believe that any team member of the company, or any other individual or entity performing work for the company, has engaged in illegal, unethical, or unsafe conduct of any kind, immediately contact your manager or HR, who will ensure that your concern is appropriately investigated. The company also has established an external hotline so that you can report concerns about illegal, unethical, or unsafe behavior. Using Lighthouse Helpline is easy. Simply dial, toll-free from any phone, 1-833-490-0007 or 1-800-216-1288 (Spanish). For more information on the Lighthouse Helpline, see the open-door policy on pages 12 and 13. You can report complaints anonymously to Lighthouse, if you wish; however, the company ability to conduct a thorough investigation may be limited if it does not have the opportunity to speak with you as part of its investigation. In all cases, if you make a complaint, the company will: - conduct a prompt and fair investigation; - disclose allegations only to the extent necessary to conduct the investigation or take corrective action (keeping the allegations as confidential as possible); - take corrective action with respect to any team member or other person who has engaged in illegal, unethical, and/or unsafe behavior, including discipline up to and including termination of the employment or other relationship; and - not tolerate any unlawful retaliation of any kind by anyone against anyone who in good faith makes a complaint, serves as a witness, or otherwise participates in the investigation. The company also will not engage in or tolerate unlawful retaliation of any kind by anyone against someone associated with the complainant. If you are not entirely satisfied with how your report has been handled, please contact your manager or HR so that they can ensure that your concern is appropriately investigated. Page | 11 If you are an officer, manager, or supervisor and anyone raises with you any concerns about suspected illegal, unethical, or unsafe behavior, you must report this by contacting your HR representative or any member of the CERTUS leadership team. You may neither keep the concern confidential nor resolve the concern on your own. Contact Information You can contact CERTUS HR at hr@certuspest.com. Equal Employment Opportunity CERTUS is committed to ensuring equal employment opportunity. All employment decisions, policies, and practices are in accordance with applicable federal, state, and local anti- discrimination laws. CERTUS will not engage in or tolerate unlawful discrimination (including any fo race, color, religion, creed, national origin, ancestry, citizenship, immigrant status, military status, veteran status, mental or physical disability or handicap, genetic information, sexual orientation, gender identity or expression, marital status, familial status, domestic partner status, the use of a guide or support animal, or membership of any other protected group. For example, and by way of illustration only, the company will not unlawfully consider an of any protected group as defined above with regard to interviewing, hiring, compensation, benefits, training, assignments, evaluations, coaching, promotions, discipline, discharge, and layoffs. This entire policy applies to all team members, and applicants. All such individuals are both protected under and restricted by this entire policy. You are protected in terms of your right to have a working environment free from unlawful discrimination, harassment, and retaliation and other inappropriate conduct as described in this policy. You are restricted in terms of your being prohibited from engaging in unlawful discrimination, harassment, and retaliation and other inappropriate conduct as described in this policy. In this policy, we include specific examples of inappropriate conduct. It is not our intent to make anyone uncomfortable. To the contrary, we provide specific examples to help avoid confusion on whether something is appropriate. If you have any question as to whether something may be inappropriate, . Policy Prohibiting Harassment CERTUS is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment, CERTUS has a zero-tolerance policy pertaining to unlawful harassment. We will not tolerate the unlawful harassment of our team members by anyone, including any supervisor, coworker, or third party. Harassment includes bullying, intimidation, direct insults, malicious gossip, and victimization. are some instances that we consider harassment: Page | 12 - Sabo - Engaging in frequent or unwanted advances of any nature - - - Ridiculing someone in front of others or singling them out to perform tasks unrelated to their job (e.g., bringing coffee) against their will Sexual harassment is a form of sex discrimination. Consistent with the foregoing, the following behaviors are prohibited, whether by a man or a woman and whether directed at a man or a woman: - To threaten or insinuate, expressly or implicitly, that any person is required to submit to sexual advances or to provide sexual favors as a condition of employment, continued employment, or any term, condit refusal to submit to sexual advances or to provide sexual favors will adversely affect the , or any term, condition, or benefit of employment - To make any employment d submission to or refusal to submit to sexual advances - To engage in unwelcome sexually oriented or otherwise hostile conduct that has the purpose or effect of interfering unreasonably with another pe or of creating an intimidating, hostile, abusive, or offensive working environment The following behaviors and communications are inappropriate, and are prohibited, whether or not illegal: - Linking or conditioning any employment decision, benefit, or other practice to a - Demanding or requesting sex or sexual favors - Requesting a date from someone after the recipient of the request already has said no to a prior request - Providing preferential treatment to someone with whom the team member is having a sexual or romantic relationship - Sexually assaulting another individual - Engaging in unwelcome and/or inappropriate physical contact, such as patting, pinching, o - Making sexually oriented or degrading gestures It is important to keep in mind that these are only some examples of inappropriate behavior. If you have any question about whether behavior is inappropriate, it. Page | 13 It is also important to remember that these prohibitions apply not only to oral and written communications but also to e-mail, voicemail, Internet communications and searches, and other technology-assisted communications. These prohibitions apply to social media if such content is about team members, members, business partners, or others with whom the company does or may do business or becomes known by or could become known by team members, members, business partners, or others with whom the company does business. The prohibitions on inappropriate behavior set forth above apply not only in CERTUS offices but also anywhere we operate, as well as on business trips and at business-related social functions, or while otherwise representing CERTUS, such as while in uniform. It is of no defense to inappropriate behavior that there was no bad intent, that it was only a Harassment on Account of or Regarding Any Protected Group of any protected group (e.g., race, color, religion, or belief; national, social, or ethnic origin; sex, including pregnancy; age; physical, mental, or sensory disability; HIV status; sexual orientation; gender identity and/or expression; marital, civil union, or domestic partnership status; past or present military service; family medical history or genetic information; family or parental status; or any other status protected by the laws or regulations in the locations where we operate) is equally prohibited and will not be tolerated. The following behaviors, communications, and so forth are inappropriate, and as such, prohibited, regardless of whether they are illegal: - Derogatory comments of any protected group - Displays of cartoons, calendars, computer software, pictures, etc. that are degrading to or reflect negatively upon any protected group - , or stories that have the purpose or effect of stereotyping, demeaning, or making fun of any protected group; pregnancy, or religion - Slurs to describe any protected group - Nicknames that of any protected group - Verbal or nonverbal innuendo that relates to or reflects negatively upon any protected group; or physical limitations or characteristics - Hate symbols or other symbols that suggest the inferiority of any group It is important to keep in mind that these are only some examples of inappropriate behavior. If you have any question about whether behavior is inappropriate, . It is also important Page | 14 to remember that these prohibitions apply not only to oral and written communications but also to e-mail, voicemail, Internet communications and searches, and other technology-assisted communications. These prohibitions apply to social media if such content is about team members, members, business partners, or others with whom the company does or may do business or becomes known by or could become known by team members, members, business partners, or others with whom the company does business. The prohibitions on inappropriate behavior set forth above apply not only in CERTUS offices but also anywhere we operate, as well as on business trips and at business-related social functions or while otherwise representing CERTUS, such as while in uniform. It is of no defense to inappropriate behavior that there was no bad intent, that it was only a Anti-Bullying Policy CERTUS defines bullying as repeated, health-harming mistreatment of one or more people by one or more perpetrators. It is abusive conduct that includes but is not limited to - Threatening, humiliating, or intimidating behaviors - Work interference or sabotage that prevents work from getting done - Verbal abuse Such behavior violates the CERTUS diversity and inclusion policy, which clearly states that all team members will be treated with dignity and respect. CERTUS considers the following types of behavior examples of bullying: - Verbal bullying. Slandering, ridiculing, or maligning a person or their family; persistent name calling that is hurtful, insulting, or humiliating; using a person as the butt of jokes; abusive and offensive remarks. - Physical bullying. Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault, damage to a person s work area or property. - Gesture bullying. Nonverbal gestures that can convey threatening messages. - Exclusion. Socially or physically excluding or disregarding a person in work-related activities. In addition, while this list is not meant to be exhaustive, the following examples may constitute or contribute to evidence of bullying in the workplace: - Persistent singling out of one person - Shouting or raising one s voice at an individual in public or in private - Using obscene or intimidating gestures - Personal insults and use of offensive nicknames - Public humiliation in any form Page | 15 - Constant criticism on matters unrelated or minimally related to the person s job performance or description - Public reprimands - Repeatedly