GIRLS EDUCATIONAL & MENTORING SERVICES

GEMS
Employee Handbook
I. INTRODUCTION

GEMS - GIRLS EDUCATIONAL AND MENTORING SERVICES has adopted

the Employee Handbook for the purpose of setting forth the policies and procedures
for employment. The provisions in the handbook apply to all employees of GEMS.
Nothing in this handbook is intended to create a contract of employment,
expressed or implied, between GEMS and the employee.

GEMS reserves the right to direct and control the operation of its business including,
but not limited to, the management, assignment, scheduling, and direction of the
work force as well as the right to discipline or discharge employees pursuant to the
provisions of this handbook. The policies, practices and procedures referred to in
this handbook may be changed at any time by the Board of Directors.

II. EMPLOYMENT AT GEMS

A. STATEMENT OF POLICY ON EQUAL EMPLOYMENT

OPPORTUNITY

GEMS - GIRLS EDUCATIONAL AND MENTORING SERVICES is committed

to providing equal employment opportunity to all qualifying persons regardless of
race, color, religion, sex, national origin, disability, age, martial status, or sexual
orientation or preference.

1. Administration of policy - GIRLS EDUCATIONAL AND

MENTORING SERVICES is committed to administering all
employment-related matters in accordance with principle of equal
employment opportunity. Thus, it expects that each member of
management is responsible for creating an atmosphere free or
discrimination and harassment, sexual or otherwise. Further,
employees are responsible for respecting the rights of their co-workers.

Any employee suspecting discriminatory or harassing actions on the

part of GEMS or any other employee should immediately notify
his/her supervisor. If you feel you cannot bring the matter to your
supervisor you should bring it to the attention the Director of
Counseling and Support Services and or the Executive Director. Such
notification will be held in confidence. The Director of Counseling &
Support Services and/or the Executive Director will make an
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 immediate investigation into the allegations. Discriminatory behavior
by any employee is cause for dismissal.

2. Age - Applicants will be considered for employment regardless of age

as long as they are physically and mentally able to perform the
essential functions of the job with or without reasonable
accommodation. However, no one may be employed if it is contrary to
applicable law.

3. Sexual harassment - It is the policy of GEMS that sexual harassment

of employees or applicants for employment in any form is
unacceptable conduct, which will not be tolerated. Sexual harassment
includes unwelcome sexual advances, request for sexual favors, and
other verbal, visual or physical conduct of sexual nature. Sexual
harassment occurs when:

I. Submission to such conduct is made either explicitly or

implicitly a term or a condition of an individual’s employment.

II. Submission to or rejection of such conduct by an individual used

as the basis for any is employment decision affecting such
individual; or

III. Such conduct as offensive jokes, comments, innuendoes and

other sexual oriented statements has the effect of unreasonably
interfering with an individual’s work performance or creating
an intimidating, hostile, or offensive work environment.

Any employee who feels that he or she is a victim of sexual harassment

including but not limited to, any of the conduct listed above, by any
supervisor, management official, other employee, client or any other
person in connection with employment at GEMS should bring the
matter to the immediate attention of his or her supervisor.

If you feel you cannot bring the matter to your supervisor you should
bring it to the attention of the Director of Counseling & Support
Services and/or the Executive Director. Any questions about this policy
or potential sexual harassment should also be brought to the attention
of the same persons. GEMS will promptly investigate all allegations of

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 sexual harassment in a confidential manner and take appropriate
corrective action if warranted.

No employee may retaliate against or harass any person for filing a

complaint or cooperating in the investigation of the complaint. Such
retaliation is unlawful and will be cause for disciplinary action.

Any employee who is determined, after an investigation, to have

engaged in sexual harassment in violation of this policy will be subject
to appropriate discipline up to and including termination

4. AIDS Policy and Practices – GEMS policy is to treat employees affected

by AIDS in the same manner as employees affected by any other life-
threatening illness. Employees with AIDS or any other life-threatening
illness such as cancer or heart disease are encouraged to continue their
normal pursuits, including work, as long as their conditions allow them
to perform in a manner acceptable to GEMS.

GEMS will make reasonable accommodations to enable ill employees

to continue working to the extent possible. Employee health
information is personal and confidential. The Executive Director will
take steps in its procedures to protect information about an employee’s
health.

Administrative and Supervisory personnel and other employees also are

expected to treat ill employees the same as they would all other
employees, while at the same time being sensitive to their conditions.
Serious illness could afflict any of us or any of our families, and we
would all want to be treated with the same considerations.

There are no recorded cases of AIDS being spread though casual

contact, including the workplace. Employees with concerns about
AIDS in the workplace are encouraged to contact their immediate
supervisor for information about AIDS and HIV related issues and
resources available to help themselves.

B. DRUG FREE WORKPLACE

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It is GEMS intent and obligation to provide a drug-free healthy, safe and secure work
environment. The unlawful manufacture, distribution, or use of a controlled
substance on GEMS premises or while conducting GEMS business off GEMS
premises is absolutely prohibited. Violations of this policy will result in disciplinary
action, up to and including termination, as well as possible criminal consequences.

GEMS recognizes alcohol and other drug dependency as an illness and a major
health problem. GEMS also recognizes alcohol and drug abuse as a potential health
problem/safety and security problem. At its discretion, GEMS may require
employees who violate this policy to successfully complete a drug abuse assistance
or rehabilitation program as condition of continued employment.

Under the Drug-Free Work Place Act of 1998, employees must as a condition of
employment, abide by the terms of the above policy, and they also must report to the
employer any conviction under a criminal drug statue for violations occurring on
GEMS premises, or off GEMS premises while on GEMS business within five days
after such conviction.

GEMS is a smoke free environment. Any employees wishing to smoke must do so

outside, at least 10 feet from premises.

C. CLASSIFICATION OF EMPLOYMENT
For purposes of salary administration and eligibility for overtime payments and
employee benefits, GEMS classifies its employees as follow:

1. FULL-TIME REGULAR EMPLOYEES - Employees hired to

work.GEMS normal, full-time, thirty-five-hour work week on a
regular basis.

2. NONEXEMPT EMPOLYEES (e.g. clerical) - Employees who are

required to be paid overtime at the rate of time and on half (i.e.; one
and one-half times) their regular rate or pay for all hours worked
beyond forty hours in a work week, in accordance with applicable
federal wage and hour laws.

3. EXEMPT EMPLOYEES (e.g. Directors, Coordinators) - Who are

not required to be paid overtime, in accordance with applicable
federal wage and hour laws, for work performed beyond forty in a

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 work week. Executive, professional employees and certain
employees in administrative positions are typically exempt.

4. PART-TIME – Part-time regular employees hired to work less than

a normal full-time, thirty five-hour week on a regular basis.

You will be informed of your initial employment classification and

your status as exempt or nonexempt employees during your
orientation session if you change positions during your employment
as a result of a promotion transfer, or otherwise, you will be
informed of any changes in your job classification.

D. HIRING

Upon selection, all new full-time employees will be informed in writing of their job
classification, salary, hours of working and job description. The Executive Director
has the final authority to hire an applicant for employment with GEMS. Every
employee will receive a copy of the Employee Handbook and will be required to
acknowledge receipt of the Employee Handbook in writing.

1. Introductory Period
a. For new employees, the first 90-days of employment is
always an introductory period. Sick leave can be accrued during this
period but can only be taken after successful completion of the
introductory period. Discretionary days are also accrued by an
employee and the employee is entitled to take (2) discretionary days
after successful completion of the introductory period. The successful
completion of this period should not be construed as creating a
contract or as guaranteeing employment for any specific duration
or as establishing a just cause termination standard.

b. The introductory period may be extended for up to an

additional two months at the sole discretion of the Executive Director
or his or her assignee.

c. New employees are eligible for medical insurance benefits

from date of hire.

d. During the introductory period employees are not eligible to

utilize the grievance procedure.
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 2. Hire Date – An employee’s initial hire date is to be used in
establishing length of service.

3.Continuous Service- Continuous service is defined as uninterrupted

employment since the initial hire date as a full-time employee.
Authorized leaves of absence, vacation, sick leave and maternity leave
do not interrupt continuous service. Any break in service for any other
reason will be deemed as an interruption of continuous service.

E. INDEPENDENT CONTRACTORS

Independent contractors or consultants may be engaged from time to time. At no

time would he or she be considered an employee of GEMS. The terms and conditions
of such engagement must be set forth in a letter of agreement and signed by the
Executive Director or his/her designee. If independent contractors are utilizing
GEMS facilities, they are expected to adopt GEMS work practices as their own, out
of courtesy to their co-workers in the workplace.

F. WORK DAYS AND WEEK

1. General Policy - Regular attendance at work by employees is

necessary for effective operation of GEMS. Employees must submit
completed time sheets before or on the 10th and 25th of each month.
The immediate supervisor must sign time sheets. An employee who
knows in advance that he or she will be absent shall inform his or
her supervisor as far in advance as possible. An employee who is
unable to report to work because of illness or other emergency
should notify his or her supervisor by telephone as soon as he or she
is aware of the problem or by 9:30am, whichever is sooner.

G. Hours of Work

a. The regular work-week for all staff is 35 hours, exclusive of time

off for meals.

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 b. Regular hours are Monday through Friday 9:00am-8:00pm.
Employees will be notified upon employment of their required
schedule. Employees are expected to arrive promptly in according
to the needs of GEMS.

H. PERFORMANCE REVIEWS

All the employees will be verbally evaluated weekly throughout their first month
and documentation will be kept. Thereafter, employees are evaluated on a bi-annual
basis, on or about their anniversary date.

To ensure that you perform your job to the best of your abilities, it is important that
you be recognized for good performance and that you receive appropriate
suggestions for improvement when necessary. Consistent with this goal, your
performance will be evaluated by your supervisor on an ongoing basis. You will
receive written evaluations of your performance. The purpose of performance
evaluation is to determine whether you are performing your assigned
responsibilities.

If you have received a performance review in accordance with the above time
frames, it is your responsibility to notify your supervisor. This assists GEMS in
ensuring that the appraisal process is administered in a proper and timely manner.

1. Oral evaluations are conducted in person by the employee’s supervisor who

prepares a written evaluation for each employee which is to be furnished to
the employee and no later than 30 days after the annual performance
reviews.
2. The supervisor signs the written evaluation. The employee must sign the
evaluation in acknowledgment that the employee has read it.

3. Every employee shall have the opportunity to review the evaluation and
submit written comments within 10 working days. These comments shall
be placed in his or her personnel file.

4. Upon separation from service of an employee, the supervisor will prepare

a written evaluation to be placed in the employee’s personnel file if an
evaluation has not been completed in the prior 3 months. Upon termination
of the employment of a supervisor, he or she will prepare a written

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 evaluation of the employees working under his or her supervision if an
evaluation has not been completed in the prior 3 months.

H. PERSONNEL FILES

GEMS maintains personnel files on each employee. These files contain

documentation regarding all aspects of the employee’s tenure with GEMS such as
performance reviews, beneficiary designation forms, disciplinary warning notices,
etc. Personnel files are strictly confidential and access to such files is limited to the
following persons: Executive Director and immediate supervisor.

An employee may request to view his or her personnel file. All requests for review
of a personnel file should be in writing and directed to the Executive Director.
Personnel files will be made available for inspection within a reasonable period
after receipt of a request for review. Every employee must sign and date the log
sheet in his or her file at the time the file is reviewed.

To ensure that your personnel files is up-to-date at all times, notify your supervisor
or the office of the Executive Director of any changes in your name, telephone
number, home address, marital status, number of dependents, beneficiary
designations, scholastic achievements, the individuals to notify in case of
emergency and so forth.

I. LETTER OF REFERENCE

All requests for references for persons who have worked for or who are leaving the
employment of GEMS shall be referred to the Executive Director of GEMS. All
letters of reference and all telephone inquiries or other oral references will indicate
only:

1. Date of service; and

2. Title or description or position(s) held.

GEMS may provide a reference with regard to one’s performance and abilities in
writing if the employee signs a release or waiver of all claims against GEMS that
may arise from the issuance of such a letter of reference.

J. RETRENCHMENT

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Retrenchment, reorganization, or discontinuance of programs or activities of
GEMS may result in the elimination of a position or positions.

Any full-time employee whose employment is terminated due to a retrenchment,

reorganization or discontinuance of program will receive reasonable notice giving
the circumstances of termination in writing. Upon termination such employee will
receive his/her accrued vacation pay plus one week’s pay for each year of
continuous service with the GEMS up to a maximum of ten weeks’ pay.
Determination of severance pay will be based on an average of the employees’ last
2 years of annual salary.

K. RESIGNATIONS

1. Employees who plan to leave the employ of GEMS are required to

give at least one month’s notice, in writing to their supervisor. Such
notice will faceplate the order transfer of work assignment. All
departing employees are expected to complete all their work prior to
their departure and return all GEMS property. Failure to comply with
the above procedures will result in withholding of vacation pay.

2. An employee who gives the required minimum amount of notice

and who remains on staff until the effective date of his/her resignation
is entitled to prorated accrued vacation pay up to that date.

3. Final paychecks will be issued no later than the regular pay for that
pay period.

III. COMPENSATION AND BENEFITS

Your total compensation at GEMS consists not only of the salary you are paid but
also of the various benefits you are offered such as group health as described in a
later section of this handbook.

A. Pay periods for full-time staff are on the 15th&30th of every month.
Full-time staff may have an extra half-hour on payday to cash their checks.
Please review your paycheck for errors. If you find a mistake, report it to
your supervisor immediately. Your supervisor will assist you in taking the
steps necessary to correct the error.

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 B. The Executive Director reviews salaries annually on each employee’s
anniversary date salary adjustment decisions are solely within the
discretion of the agency and should not be regarded as automatic. The
decision to award a salary increase and the amount of any increase is based
on satisfactory performance and budgetary considerations.

D. OVERTIME

If you are classified as a nonexempt employee (see the classifications of

employment policy section for the definition of nonexempt employees), you will
receive compensation for approved overtime work follows:

1. You will pay at straight time (i.e., your regular hourly rate of pay) for
all hours worked between the thirty- fifth and fortieth hours in any given
work week.

2. You will be paid one and one-half times your regular hourly rate of
pay for all hours worked beyond the fortieth hour in any given work week.

3. You will be paid one and one-half you’re regular hourly rate of pay
for all hours actually worked on Saturdays or Sundays regardless of the
number of hours worked during the regular work week.

4. You will be paid one and one-half times your regular hourly rate of pay
for all hours worked on a company–observed holiday in addition to receiving
your regular holiday pay.

5. Generally, exempt employees are not eligible for overtime pay.

However exempt employees maybe paid for over time hours worked subject
to prior approval of your immediate supervisor or assignee.

E. “FLEX” TIME OFF

1. Exempt employees, who have worked in excess of 40 hours per

week, will, with authorization, receive compensatory (“FLEX”)
time off.

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 2. Employees may not accumulate more than 3 days of flex-time
within a one-month period of a fiscal year. Flex time must be used
within two (2) weeks after it is accrued or it is forfeited. Your
supervisor will try to accommodate you regarding when flex is
taken. No employee may take accrued flex-time without prior
written approval from his or her supervisor.

F. PAYROLL DEDUCTIONS

Aside from statutory deductions required by state law, certain voluntary deductions,
upon written request to the Executive Director, may be arranged. Such deductions
will depend on the nature of the deduction and the capacity of the GEMS to do so.

G. ASSIGNMENTS AND GARNISHMENTS

As provided by federal and state law, GEMS is required to make deductions from
an employee’s salary should a wage garnishment be ordered against that employee
by a court.

H. INSURANCE BENEFITS

1. Hospital and Medical Insurance – All full-time (at least 35

hours/week) employees are eligible for hospital and medical
coverage. Family coverage (spouse and children) is also available.
Coverage for eligible employees is effective on the first day of
employment. The cost to provide this benefit for you and your
eligible dependents is currently shared by you and the GEMS.
Medical insurance coverage terminates on the date of your
termination from GEMS.

2. Disability Insurance – The agency provides disability insurance in

accordance with the provisions of the New York State Disability
Benefits Act. The entire cost of this insurance is paid by the
agency for all employees. When an individual is paid during
absence for non-work related injuries and illness, and is also
eligible to receive disability benefits the latter are payable to the
agency for the period during which the person receives full salary.
Disability insurance benefits become payable to the individual
when he or she continues to be unable to return to work, and is no
longer being paid by the agency. It is the employee’s obligation
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 to obtain and file the necessary forms within the deadline specified
by law in the event they wish to claim such benefits.

3. Workers’ Compensation – All employees are covered by the

workers’ compensation insurance while engaged in the
performance of their duties. Accidents and injuries occurring in
the course of performance by employees of their duties must be
reported immediately to their supervisor so that required notice can
be given to the insurance carrier.

I. CONTINUATION OF BENEFITS

GEMS complies with the Consolidated Omnibus Reconciliation Act of 1986

(COBRA), which generally allows employees and their dependents who lose group
health care coverage, to continue the same insurance at their own expense for a
specified period. The Executive Director provides information concerning
eligibility for and extent of continued coverage.

IV. VACATIONS, HOLIDAYS AND LEAVE OF ABSENCE

A. HOLIDAYS

All full-time employees are entitled to following legal holidays with pay:

• President’s Day
• Martin Luther King’s Day
• Memorial Day
• July 4th
• Columbus Day
• Labor Day
• Thanksgiving Day
• Day following Thanksgiving
• Christmas Day
• New Year’s Day

If a holiday falls on a Saturday, it will be observed on the proceeding Friday. If a

holiday falls on Sunday, it will be observed on the following Monday. If one of this

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legal holiday falls within the vacation period of an employee, it will not be counted
as part of the vacation.

B. VACATION

1. Full- time employees both exempt and non exempt accrue vacation
time at the rate of one working day per month of employment up to a
maximum vacation period of 12 working days per fiscal year. GEMS
fiscal year is from July 1st through the following June 30th. Vacation
days do not accrue while an employee is on vacation or leave without
pay. At the discretion of the Executive Director an employee who has
previously booked a vacation prior to employment may put their
request for vacation in writing to the Executive Director.

2. Vacation time is accrued by an employee from the first day of

employment. Employees may begins to use accrued vacation time
upon completion of 90 worked days.

3. Employees are required to give one-month notice to their supervisor

for use of vacation time. The supervisor must approve all vacation
time. Approval for vacation time requested on short notice may be
granted within the discretion of the supervisor.

4. Up to 12 vacation days may be carried over for use into the following
year. Moreover, under no event will any employee accrue over 22
vacation days at any time. Any carried over days not used in that
following year will be forfeited.

5. Unearned vacation time taken in advance of termination of

employment will be deducted from the employee’s last salary check
in an equivalent amount of salary.

C. SICK LEAVE AND LEAVES ABSENCE

In general any request for leave with or without pay must be made in writing to the
Executive Director at least 30 days in advance of the anticipated date of return.The
Executive Director shall respond in writing indicating the amount of time to be taken
as leave with or without pay.

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 1. Sick Days - Sick days and vacation days are not accrued during a leave
of absence. If a leave of absence is granted in accordance with
provisions of this policy provides the right to return to the same position
or a position of like status and pay without loss of service depending
upon program needs and requirements. Leaves of absence will be
granted unless there is a reasonable expectation that the employee will
return

The Executive Director will consider each and every application for leave on an
individual basis.

a. Full-time employees receive 12 paid sick days, accrued on the basis of

one day per month worked, in any fiscal year. Sick days are used when
an employee is absent because of bona fide illness or injury.

b. A new employee may take accrued sick leave only after completing
their introductory period.

c. An employee should telephone GEMS before 9:30 am if he/she will be

out sick. The employee should indicate the expected date of his/her
return. The employee, after 3 days absence, may be required by GEMS
to submit a written verification of his her illness.

d. Employees who are sick and do not have any unused sick leave days
will not be paid for those days absent. However, vacation or
discretionary days may be substituted for an unpaid absence due to
illness.

e. Where illness or injury is frequent or continued, an employee may be

asked to submit a doctor’s statement explaining his or her health status
and probable duration of illness or injury.

f. If an employee is hospitalized while on vacation, he may substitute sick

leave for the time spent in the hospital upon presentation of documents
attesting to the period of hospitalization

g. A paid holiday occurring between continuous days of authorized sick

leave will not be counted as a day of sick leave.

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 h. Unused sick days up to a total of 90 days may be accrued for use in a
subsequent year.

3. Disability Leave – An employee who due to extended illness or injury,

is unable to work for a period in excess of the 12 sick days granted
annually by GEMS, may apply for disability leave. Upon approval of
the Executive Director, such as disability leave may be granted for a
period of up to six months. At the onset of such leave, all but 10 of any
unused sick days-accrued in prior years shall be applied, and the
employee shall revert to unpaid leave status for the balance of the
approved leave time. At the request of the employee, accrued vacation
and/or personal days may be used to reduce the number of unpaid day
during leave time.

In the event an employee is eligible and applies for New York State
Disability or State Worker’s Compensation benefits shall be paid to
GEMS or the employee in accordance with page 12 of the Employee
Handbook.

4. Maternity Leave – Upon the approval of the Executive Director, a full-

time employee with more than one year of service may receive
maternity leave of up to three months without pay. Unused sick days
accrued during the fiscal year in which maternity leave takes place may
be applied to the initial period of absence.

Any medical disability related to pregnancy or childbirth is subject to

the same policies stated in the Section on Disability Leave.

GEMS will, for a period of six months, hold open the employee’s
position or provide a position a position of comparable status. GEMS
ability to hold a position is based on program needs and requirements.

5. Emergency Leave – Leave of absence with pay for a maximum of five

(5) working days per year will be granted an employee when death or
serious illness occurs in his/her immediate family. The immediate
family is deemed to include spouse, parents, parents-in-law,
grandparents, children, brothers, sisters, and domestic partners. Notice
of the need for such leave should be given to the employee’s supervisor
immediately. If the employee has used five days and additional days
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 off are necessary the employee may take vacation or personal days upon
approval of their immediate supervisor. The immediate supervisor may
request verification in writing of the emergency.

6. Discretionary Days

a. Full-time employees after completion of 3 months service

are entitled to a maximum of four discretionary days each
year with pay, earned at a rate of two (2) days for every six
(6) months worked. Discretionary day’s privilege granted
by GEMS, to be used for religious observance, or important
business not related to employment.

b. Use of personal time requires that the employee give the

agency advance notice. Prior approval of his or her
supervisor is required to employment.

c. Discretionary days must be used within the fiscal year in

which they are earned. Any days not taken are forfeited.

7. Jury Duty

Employees who are called to jury duty, upon providing proof of such
duty, will be reimbursed for the difference between their regular pay
and jury duty pay. Up to 10 days will be paid after which time the
Executive Director may approve additional time.

V. GRIEVANCE, DISCIPLINE, AND TERMINATION

Misunderstanding or conflicts can arise in any organization. To ensure effective

working relations, it is important that such matters be resolved before serious
problems develop. Most incidents resolve themselves naturally; however, if situation
persists that you believe is detrimental to you or GEMS, you should follow the
procedure described herein for bringing your complaint to management’s attention.

STEP 1 You should notify your immediate supervisor, in writing, within five
working days of the occurrence of the violate action of incident. The supervisor
shall have five working days to resolve the grievances and in writing report to
you the outcome.

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 STEP 2 If the grievance is not satisfactorily resolved at the end of five working
days, or if you feel discussion with your supervisor is inappropriate, you may
notify the Executive Director within five days. Notice shall be in writing and
include the specific sections of the manual involved. The Executive Director shall
have ten working days to review, investigate and attempt to reach a resolution of
the grievance that is satisfactory to all parties.

STEP 3 Any parties dissatisfied with the outcome of the Executive Director’s
resolution may file a final appeal in writing, to the Board of Directors within three
days of receipt of the Executive Director decision or at the expiration of ten
working days, whichever occurs first. Notice of the appeal, requesting an
opportunity to present the matter to the Board of Directors is submitted to the
Executive Director. The Board of Directors shall conduct a hearing on the matter
at its next regularly scheduled meeting or within thirty days from the date of
receipt of the final appeal whichever is earlier.

STEP 4 At the hearing all parties will present their position with or without
witnesses of his or her choice. All written materials related to the grievance shall
be forwarded to the Board of Directors 10 day before the hearing. The Board of
Directors shall have ten working days after the hearing to render in writing a
decision, which is final.

GEMS do not tolerate any form of retaliation against employees availing

themselves of this procedure. [The procedure should not be construed,
however, as preventing, limiting, or delaying GEMS from taking
disciplinary action against any individual, up to and including termination
in circumstances (such as those involving problems of overall performance,
conduct, attitude or demeanor) where GEMS deems disciplinary action
appropriate.]

D. DISCIPLINARY POLICY

It is the policy of GEMS to follow traditional notions of progressive discipline

whenever possible. However GEMS reserves the right to discipline or discharge an
employee without resorting to prior disciplinary measures.

GEMS will attempt to inform employees of improper conduct by way of evaluations

and warnings in an effort to avoid dismissal. If your performance, work habits,
overall attitude, conduct, or demeanor becomes unsatisfactory in the judgment of
GEMS, based on violations either of the above or of any other GEMS policies, rules
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or regulations, you will be subject to disciplinary action, up to and including
dismissal. GEMS, at its discretion, may dismiss an employee without resorting to
prior disciplinary procedures.

C. PROHIBITED CONDUCT

The following conduct or acts are prohibited on GEMS time or premises and may
be punished by discipline, including warning, suspension or discharge. In addition,
such employees may subject themselves to criminal prosecution. This list is for
example only and it is not exhaustive:

1. Unauthorized possession use and/or theft of GEMS procedures.

2. Sexual harassment of any employee, supervisor or client.
3. Abusing confidentiality procedures.
4. Inappropriate job performance: not limited to 11,17.
5. Misappropriation of GEMS funds.
4. Gambling.
5. Chronic lateness or absenteeism.
6. Unauthorized possession or consumption of alcoholic beverages
or reporting for works under the influence of alcohol.
7. Using illegal drugs including reporting for work under the
influence of illegal drugs.
8. Engaging in fighting or horseplay or any conduct, which tends to
create a hazard.
9. Using or possessing firearms or weapons of any kind.
10. Falsifying records or reports of any kind.
11. Using profane, abusive or threatening language to clients,
supervisors or any other employees.
12. Refusing to follow a supervisor’s legitimate directives or
engaging in any form of insubordinate conduct.
13. Soliciting or accepting, directly, or indirectly, gifts, services or
gratuities of more than nominal value.
14. Failing to work in a safe manner, sleeping on the job and/or
endangering the health of the employee or others.
15. Failing to report an injury or accident to a supervisor.
16. Abusing or destroying GEMS property, computers or other
equipment, vehicles or the property of other employees or clients.
17. Abuse of or willful misrepresentation to clients.
18. Lack of appropriate documentation, not following reporting
procedures.
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 D. TERMINATION (INVOLUNTARY)

Termination is effective on the date stated in the termination letter. The decision to
terminate an employee is made by the Executive Director.

VI. MANAGEMENT RIGHTS

The management of GEMS reserves the right to direct and control the operation of
its business including, but not limited to, the management, assignment, scheduling
and direction of the work force at any time.

UNDERSTANDING BY EMPLOYEE

I understand that the information in the GEMS handbook represents

guidelines only and that GEMS reserves the right to modify this handbook or
amend or terminate any policies, procedures, or employee benefit programs
whether or not described in this handbook at any time, or to require and/ or
increase contributions toward these benefit programs.

I understand that this handbook is not contract of employment, express or

implied, between me and GEMS and that I should not view it as such, or as a
guarantee of employment for any specific duration.

I further understand that no manager or representative of GEMS, other than

the Board of Directors, has any authority to enter into any agreement
guaranteeing employment for any specified period of time. I also understand
that any such agreement, if made, shall not be enforceable unless both I and
the Board of Directors in a formal written agreement sign it.

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________________________ ____________________________ __________
Print Name of Employee Employee’s Signature Date

_________________________________ ______________________________________ _____________

Print Name of Management Witness

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I agree, and it is my intent, to sign this document electronically, and that signing and submitting this document electronically is the
legal equivalent of having placed my handwritten signature on it.

Signature