2005 Employee Handbook

Continental Automotive Group
Employee handbook 2005-Current
Austin, Texas

TABLE OF CONTENTS

Welcome
Purpose Of This Employee Handbook

History Of Dealership

Our Customer Relations Philosophy

Let’s Communicate

– Employee Relations Philosophy
– If You Have A Problem
– What You Can Expect From Us
– Equal Employment Opportunity
– Introductory Period
– Policy Against Harassment
– Employee Classification
– Full-Time Employees
– Part-Time Employees
– Temporary Employees
– Work Schedule

Dealership Benefits

– Your Pay
– Paid Holidays
– Paid Vacation
– Medical And Dental Insurance
– Life Insurance
– Disability Insurance
– Social Security Insurance
– Workers’ Compensation Insurance
– Promoting Additional Business
– 401 (k) Plan
– IRS Section 125 – Cafeteria Plan
– Employee Discounts
– Suggestion Program
– Training And Educational Assistance
– Civic Duties
– Paid Sick Leave
– Discretionary Medical Leaves Of Absence
– Family and Medical Leave A Policy
– Personal Leave Of Absence
– Bereavement Leave
– Military Leave Of Absence

What We Expect of You

– Dealership Policies
– Rules To Protect Us All
– Absenteeism And Tardiness
– Alcohol And Drug Policy
– Bad Attitude
– Bulletin Boards
– Cash Reporting Policy
– Cell Phone Policy
– Computers, E-Mail, And The Internet
– Confidentiality
– Conflict Of Interest
– Courtesy
– Customer Complaints
– Customer Privacy Policy
– Damage To Property
– Dealership Keys
– Dealership Property And Vehicles
– Demonstration Drives
– Document Preparation
– Facsimile And Copy Machines
– Fighting, Threats And Weapons
– Fraud, Dishonesty And False Statements
– Gifts And Gratuities
– Hazardous And Toxic Materials
– Honesty
– Housekeeping
– Illegal Activity
– Insubordination
– Legal Requirements
– Loans And Pay Advances
– Meetings
– Misuse Of Property
– Nepotism
– New And Used Parts
– Non-Fraternization
– Off-Duty Use Of Facilities
– Off-Duty Social And Recreational Activities
– Operation Of Customer Vehicles
– Outside Employment
– Overtime
– Parking
– Personal Appearance And Behavior
– Personal Mail
– Personal Telephone Calls And Visits
– Poor Performance
– Publicity
– Safety
– Scrap, Waste And Old Parts
– Searches And Inspections
– Service Loaner Vehicles
– Service Work
– Sleeping
– Smoking
– Solicitation – Distribution Policy
– Theft
– Timekeeping Procedures
– Tools
– Unauthorized Interviews
– Workplace Violence Policy

Changes in Status

– Changes In Personnel Records
– Outside Inquiries Concerning Employees
– Notice Of Resignation
– Exit Interview
– To Sum It All Up

Employee Acknowledgement and Agreement

WELCOME

Welcome to CONTINENTAL AUTOMOTIVE GROUP! We are pleased that you are joining us and we know that your contributions will assist us in remaining a leader in this community and in our industry. You have become a member of an organization whose constant goal is to maintain and retain a high level of public respect and confidence. All of us share this responsibility, and we are obligated to give our customers the service to which they are entitled.
As an employee of CONTINENTAL AUTOMOTIVE GROUP you will want to know what you can expect from us and what we expect from you. This handbook outlines benefits, practices and policies, which are important to you and your employment with CONTINENTAL AUTOMOTIVE GROUP.

You should keep this handbook handy as a guide and ready reference. If you have questions as you read through this handbook, please do not hesitate to discuss them with your supervisor. Your supervisor is a very important source of information and will be more than happy to assist you.

We look forward to an association that will be pleasant and profitable for all of us. I personally extend my best wishes to you for a successful career.

BRYAN HARDEMAN
President/Owner
Continental Automotive group

PURPOSE OF THIS EMPLOYEE HANDBOOK

Bryan Hardeman purchased Continental Cars in 1978, and through the years his commitment to the product and employees has generated company growth and prosperity. Valuing employees as the primary asset of a business, Mr. Hardeman believes communication is a key component to the Dealership’s success. Employee opinions and suggestions are always welcome.
Realizing the needs of a dealership and its customers would change from 1964 when Continental Cars began operations in Austin, Mr. Hardeman moved the Honda franchise in 1986 to the present expanded facility known as First Texas Honda. A year later, Continental Cars relocated to its new upscale facility on Airport Boulevard, know today as Mercedes-Benz of Austin. In 1992, Austin Infiniti and in 1996 Austin Subaru were added to the collection of professionally operated Dealerships. After many years of success and Honda becoming the 8th largest wholesale parts distributor and Mercedes-Benz becoming the 3rd largest, Mr. Hardeman combined the two and created our wholesale parts distribution center in south Austin known as Wholesale Parts Direct, in addition to being the largest Honda, Acura, and Mercedes-Benz parts distributor in Austin we currently handle the distribution for 19 other wholesale vendors.

HISTORY OF DEALERSHIP

This handbook is designed to acquaint you with CONTINENTAL AUTOMOTIVE GROUP and to give you a ready reference to answer most of your questions regarding your employment with us. We intend for this handbook to offer two-way communications: what you can expect from us, and what we expect from you.

The contents of this handbook, however, constitute only a summary of the employee benefits, personnel policies, and employment regulations in effect at the time of publication. This handbook should not be construed as creating any kind of “employment contract,” since the Dealership has the ability to add, change or delete wages, benefits, policies and all other working conditions as it deems appropriate without obtaining another person’s consent or agreement.

This handbook contains the entire agreement between you and the Dealership as to the duration of employment and the circumstances under which employment may be terminated. As provided in the Employee Acknowledgment and Agreement, nothing in this handbook creates or is intended to create a promise or representation of continued employment. Employment at the Dealership is employment at-will and may be terminated at the will of either the Dealership or the employee. You have the right to terminate your employment at any time, with or without cause or notice, and the Dealership has a similar right. Your status as an “at-will” employee may not be changed except in writing signed by the President of the Dealership. Employment at-will is the sole and entire agreement between the Dealership and you concerning the duration of your employment and the circumstances under which your employment may be terminated. This handbook shall supersede any and all prior handbooks, written documents or oral representations, issued by the Dealership, that contradict the at-will nature of your employment.

OUR CUSTOMER RELATIONS PHILOSOPHY

Our most important goal is customer satisfaction. Customers are the most important people in the world. Let’s face it — without them we would not be here. Therefore, please observe the following RULES FOR SUCCESS:

  1. CUSTOMERS are the most important people in our business, whether we are dealing with them in person, over the telephone or via internet.
  2. CUSTOMERS are not dependent on us. We are dependent on them.
  3. CUSTOMERS are not an interruption of our work. They are the purpose for it.
  4. CUSTOMERS favor us with their patronage. We are not doing them a favor by serving them.
  5. CUSTOMERS are an essential part of our business. They are not outsiders.
  6. CUSTOMERS are not cold statistics. They are human beings with feelings and emotions like our own.
  7. CUSTOMERS are not someone to argue with or match wits with.
  8. CUSTOMERS are people who bring us their wants. It is our job to fill those wants.
  9. CUSTOMERS are deserving of the most courteous and attentive treatment we can give them.
  10. CUSTOMERS ARE THE LIFE BLOOD OF OUR BUSINESS

LET’S COMMUNICATE

Employee Relations Philosophy

We at CONTINENTAL AUTOMOTIVE GROUP are dedicated to continuing what we believe to be an excellent employee relations program. We will attempt to maintain good working conditions, competitive wages and benefits, open communications, and employee involvement.

Please tell us if you have a problem. We think you’ll find this Dealership to be receptive to your concerns. We are always looking for ways to make this a better place to work.

If You Have A Problem

If there is something about your job that is bothering you, let’s get it out in the open and discuss it. We cannot help you unless you tell us what it is we can do.

Our “Problem Solving Procedure” offers all employees the freedom to discuss anything they wish with their supervisors. If you have a problem, it can usually be resolved by following these steps:

  1. Any concern should first be discussed with your immediate supervisor.
  2. If your supervisor cannot solve the problem or if you are not satisfied after
    Step 1, you should ask to speak to the Department Manager.
  3. If you still feel the need to speak to other members of management after following Steps 1 and 2, we encourage you to speak to the General Manager.

In the event you have a concern, and for personal reasons you cannot follow the steps in this procedure, you may go directly to the General Manager. The General Manager is available for advice and assistance in solving your problem at any time.

When you inform us of your concern or problem, we will try to answer your concern or solve your problem as soon as possible under the circumstances.

Also note that CONTINENTAL AUTOMOTIVE GROUP utilizes a system of binding arbitration for disputes with employees which cannot be resolved by other means and which would otherwise be subject to resolution in court.

WHAT YOU CAN EXPECT FROM US

Equal Employment Opportunity

We are committed to providing equal opportunity in all of our employment practices, including selection, hiring, promotion, transfer, and compensation, to all qualified applicants and employees without regard to race, color, religion, sex, genetic information, sexual orientation, pregnancy, medical condition, national origin, age, disability or any other protected status in accordance with the requirements of all federal, state and local laws.

Introductory Period

For every new employee, the first ninety (90) days of full-time employment is an introductory period. During this time, you are able to learn about the Dealership, your job, and your new surroundings.

During this first ninety (90) days, your job performance, attendance, attitude and overall interest in your job will be observed by your supervisor. During this period, you will not be eligible for most Dealership benefits, such as holiday pay, vacation pay, employee discounts, and insurance coverage. Throughout the introductory period, the Dealership will be assessing your selection as an employee. Employees who fail to demonstrate the commitment, performance and attitude expected by CONTINENTAL AUTOMOTIVE GROUP may be terminated at any time during the introductory period. However, completion of the introductory period does not change or alter the “at-will” employment relationship. You continue to have the right to terminate your employment at any time, with or without cause or notice, and the Dealership has a similar right.

As a result of an excused absence during your introductory period or for other reasons identified by management, CONTINENTAL AUTOMOTIVE GROUP may choose to extend your introductory period as necessary to give you a further opportunity to demonstrate your ability to do the job. If your introductory period is extended, you will be notified.

Policy Against Harassment

We do not tolerate harassment of any of our employees, customers, vendors, or suppliers. Any form of harassment which violates federal, state or local law, including, but not limited to harassment related to an individual’s race, color, religion, sex, genetic information, sexual orientation, pregnancy, medical condition, national origin, age, or disability is a violation of this policy and will be treated as a disciplinary matter. For these purposes the term “harassment,” includes slurs and any other offensive remarks, jokes, other verbal, graphic, or physical conduct.

In addition to the above listed conduct, “sexual harassment” can also include the following examples of unacceptable behavior:

  • unwanted sexual advances;
  • offering an employment benefit (such as a raise or promotion or assistance with one’s career) in exchange for sexual favors, or threatening an employment detriment (such as termination, demotion, or disciplinary action) for an employee’s failure to engage in sexual activity;
  • visual conduct, such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons or posters;
  • verbal sexual advances, propositions, requests or comments;
  • verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations;
  • physical conduct, such as touching, assault, impeding or blocking movement;
  • physical or verbal abuse concerning an individual’s actual sex or the actor’s perception of the individual’s sex; and
  • verbal abuse concerning a person’s characteristics such as vocal pitch, facial hair or the size or shape of a person’s body, including remarks that a male is too feminine or a woman is too masculine.

Examples of What Constitutes Prohibited Harassment : In addition to the above listed conduct, the Dealership strictly prohibits harassment concerning race, color, religion, national origin, age or other protected characteristic. By way of illustration only, and not limitation, prohibited harassment concerning race, color, religion, national origin, age or other protected characteristic includes:

  • slurs, epithets, and any other offensive remarks;
  • jokes, whether written, verbal, or electronic;
  • threats, intimidation, and other menacing behavior;
  • other verbal, graphic, or physical conduct; and
  • other conduct predicated upon one or more of the protected categories identified in this policy.

If you have any questions about what constitutes harassing behavior, ask your supervisor or another management official.

Violation of this policy will subject an employee to disciplinary action, up to and including immediate discharge.

If you feel that you are being harassed by another employee, you should immediately contact your Department Manager, Human Resources, or the General Manager at your location, to discuss your complaint. You may be assured that you will not be penalized in any way for reporting a harassment problem.

All complaints of harassment, which are reported to management, will be investigated as promptly as possible and corrective action will be taken where warranted. The Dealership prohibits employees from hindering our own internal investigations and our internal complaint procedure. All complaints of harassment, which are reported to management, will be treated with as much confidentiality as possible, consistent with the need to conduct an adequate investigation.

Harassment of employees in connection with their work by non-employees may also be a violation of this policy. Any employee who experiences harassment by a non-employee, or who observes harassment of an employee by a non-employee should report such harassment to their Department Manager, Human Resources, or the General Manager at their location.Appropriate action will be taken against violation of this policy by any non-employee.

Harassment of our customers or employees of our customers, vendors, or suppliers by our employees is also strictly prohibited. Such harassment includes sexual advances, verbal or physical conduct of a sexual nature, sexual comments and gender-based insults. Any such harassment will subject an employee to disciplinary action, up to and including immediate discharge.

Your notification of the problem is essential to us. We cannot help resolve a harassment problem unless we know about it. Therefore, it is your responsibility to bring those kinds of problems to our attention so that we can take whatever steps are necessary to correct the problem.

If management finds that an employee has violated our Dealership policy, appropriate disciplinary action will be taken, up to and including termination.

EMPLOYEE CLASSIFICATION

Full-Time Employees

Full-time employees are employees who are normally scheduled to work at least thirty-five (35) hours per week. Full-time employees are eligible for all of the benefits set forth in the following pages.

Part-Time Employees

Part-time employees are employees who are normally scheduled to work fewer than thirty-five (35) hours per week. Part-time employees are not eligible for most benefits. Part-time employees should consult Human Resources to determine those benefits, if any, for which they are eligible.


Temporary Employees

Temporary employees are employees who are employed to work on special projects for short periods of time, or on a “fill-in” basis. These positions are not intended to be a part of continuing operations. The employment status of temporary employees will not be changed due to an extension of employment in excess of that originally planned. Temporary employees are not eligible for benefits.

If you have any questions concerning your employee classification or the benefits for which you qualify, please consult Human Resources.

Work Schedule

Your supervisor shall inform you of the hours you are to work. Due to changing needs of our customers, your actual work schedule may vary from time to time. If it does, you will be notified by your supervisor.

DEALERSHIP BENEFITS


The Dealership intends to keep the benefit plans described in this handbook in force. However, the Dealership reserves the right to terminate or modify these plans at any time, for any reason, with or without notice to employees.

Your Pay

Hourly employees are paid on Fridays, and salaried employees are paid bi-monthly on the 1st and the 15th of the month. Most commissioned employees are paid on the 15th of each month. Commissioned employees who work in the Parts Department will be paid monthly.

Each employee is responsible for picking up his or her own paycheck on the normally scheduled pay day. If the scheduled day falls on a Saturday or holiday, you will be paid on the preceding business day. If it falls on a Sunday, you will be paid on the following business day. Any questions about your pay amount or deductions should be brought to the attention of your supervisor immediately.

CONTINENTAL AUTOMOTIVE GROUP does not cash employee payroll checks. Employees are expected to cash their pay checks as soon as possible so CONTINENTAL AUTOMOTIVE GROUP’s banking records can be kept current.

Paid Holidays

After completion of the introductory period, full-time employees, with the exception of managers and commission-only salespersons, will receive the following days off with pay any time they fall on a normal work day:

  • New Year’s Day
  • Thanksgiving Day
  • Christmas Day
  • Personal Holiday*

* This Personal Holiday may be used for any reason but must be taken within the calendar year. The Personal Holiday, and any pay associated with it, will be forfeited if not used within the calendar year. Please schedule the day with your supervisor as far in advance as possible.

To be eligible for holiday pay, you must work your last scheduled day before the holiday and the first scheduled day after the holiday. Holiday pay does not count as “hours worked” for purposes of calculating an employee’s entitlement to overtime during the week in which the holiday occurs.

HOLIDAY PAY

Salaried and hourly employees will be paid on the basis of a 40 hour work week without overtime.

Service technicians, advisors, and Commission Salespeople who have completed less than six months will be paid based on 75% of the daily average of their calendar year to date earnings.

Service technicians, advisors, and Commission Salespeople who have completed more than six months but less than one year will be paid based on 75% of the daily average of the first six months’ earnings.

Service technicians, advisors, and Commission Salespeople who have completed one full year of service will be paid based on 75% of the daily average of the previous calendar year’s earnings.

The Sales Department may be open on a holiday for a special sales event. In addition, it may be necessary for employees in other departments to work on a holiday. Employees will be given as much advance notice as possible if they are required to work on a holiday, although advance notice may not always be possible. Employees asked to work on a holiday will receive their normal rate of pay for work performed on a holiday.

Managers will receive their regular weekly salary, regardless of whether they work on a holiday.

Paid Vacation

The Dealership provides vacation benefits to all regular full-time employees, with the exception of managers. Managers are given time off and continue to receive their earnings based upon their pay plan. Managers do not receive any additional pay for vacations. The length of the vacation depends on your years of service.

Vacation time is earned based on a calendar year. In the first year of employment, employees will receive one (1) day of vacation for each month worked from the first month of employment through December of that year up to a maximum of ten (10) days.

Employees in their second through ninth years of employment will earn ten (10) days of vacation per year which they will receive on January 1st of the next year.

Employees in their tenth year of employment, and each year thereafter will earn fifteen (15) days of vacation per year which they will receive on January 1st of the next year.

Vacation time is given to employees so that they are better able to perform their jobs when they return. For this reason, we require employees to take their vacation and we do not permit employees to take pay in lieu of time off except in exceptional circumstances with the approval of the General Manager and/or President. Any vacation time not taken in the calendar year after it is earned will be forfeited on the last pay period of the next year.

VACATION PAY

Salaried and hourly employees will be paid on the basis of a 40 hour work week without overtime.

Service technicians, advisors, and commission only salespersons who have completed less than six months will be paid 75% of the daily average of their calendar year to date earnings.

Service technicians, advisors, and commission only salespersons who have completed more than six months but less than one year will be paid 75% of the daily average of the first six months’ earnings.

Service technicians, advisors, and commission only salespersons who have completed one full year of service will be paid 75% of the daily average of the previous calendar year’s earnings.

In addition, employees who are out on a leave of absence do not accumulate vacation time while they are on their leave. Vacations must be scheduled and approved by your Department Manager at least two weeks in advance. The Dealership has the right to refuse an employee’s application for vacation if, in the Dealership’s sole judgment, scheduling the vacation at the time sought would be inconsistent with the smooth operation of the Dealership’s business. Upon resignation or termination of your employment, all unused vacation time will be forfeited.

Medical And Dental Insurance

We offer medical and dental insurance coverage for our eligible employees, beginning on the first day of the month after completion of your ninety (90) day introductory period.

The Dealership pays the entire cost of this insurance for employees. The cost to the employee of this coverage is subject to change at any time. Family coverage is also available for eligible dependents at the employee’s expense through payroll deductions. Consult the insurance Plan Document for all information regarding eligibility, coverage and benefits. It is the Plan Document that ultimately governs your entitlement to insurance benefits.

Life Insurance

We offer life insurance coverage as part of the medical insurance for our eligible employees, beginning on the first day of the month after completion of your ninety (90) day introductory period. Supplemental life insurance for employees and eligible dependents is also available at a low cost through payroll deductions. You may obtain additional information about the Plan through Human Resources. The language in the insurance plan document regarding eligibility and benefits ultimately governs your entitlement to these benefits.

Disability Insurance

The Dealership strongly encourages employees to enroll in the Disability Insurance program. This is an excellent program that provides income to you in the event of sickness or an accident that prevents you from working. You may obtain additional information about the program through the Human Resources Department.

Social Security Insurance

The Federal Insurance Contributions Act, which is better known as the Social Security Act, requires the Dealership to deduct a percentage of your pay, match it with an equal amount from the Dealership and send it to the government to be deposited in your Social Security account. If you are not familiar with the retirement and disability benefits provided under Social Security, check with your local Social Security office for a more complete explanation.

Workers’ Compensation Insurance

The Dealership pays the entire amount of the Workers’ Compensation insurance premium, which provides benefits to employees who experience injury or illness connected with employment. To be eligible for Workers’ Compensation benefits, the injury must be a direct result of the job. Benefit entitlements are governed by law, but it is essential that you report all work-related accidents, injuries, and illnesses immediately.

CONTINENTAL AUTOMOTIVE GROUP actively polices all claims suspected to be fraudulent. Abuse of the Workers’ Compensation system can cause a severe negative economic effect to this Dealership and, in turn, your co-workers. We will pursue all available legal action against any employee found to have engaged in fraudulent conduct. Filing a false or fraudulent claim is also a violation of Dealership policy, and will result in disciplinary action, up to and including immediate termination.

Promoting Additional Business

The sale of vehicles provides all of us with our employment. So that you might continue to share in the success of the Dealership, it is our policy to pay you a bonus if you refer customers to the Sales Department in accordance with this policy.

To qualify for the bonus, you must submit the name of a prospective customer to the Sales Manager in writing, before the customer signs a contract. The prospect will be followed up by one of our sales personnel. Should the follow-up result in a sale, the Dealership will pay you a bonus of $50 for each new or used car sold. The name suggested must be that of a bona fide prospective customer, who would otherwise not have been dealing with one of our sales personnel. Department Managers are not eligible.

401(k) Plan

The Dealership offers a 401(k) Savings Plan to all eligible employees. The terms and conditions of the 401(k) Savings Plan are controlled by the Plan Document. Contact Human Resources for more information on the Plan.

IRS Section 125 — Cafeteria Plan

We are able to offer eligible employees the ability to pay for their insurance with “before tax” dollars rather than “after tax” dollars. As you become eligible for these benefits and you elect to cover your family, you will become a plan participant of our “Section 125” Cafeteria Plan. The terms and conditions of the Plan are controlled by the Plan Document. A plan summary will be made available to you when you enroll for insurance.

Employee Discounts

All employees are encouraged to use CONTINENTAL AUTOMOTIVE GROUP products and services. Depending on availability and at the sole discretion of the appropriate Department Manager, the following discounts are available to full-time employees who have been with the Dealership for at least ninety (90) days. These discounts are available only to our employees for their personal use (this is defined as employee’s vehicle and spouse’s vehicle) and cannot be used by or for friends or relatives of the employee. The benefits are not available when an insurance company or third party is paying for the service or part. Under no circumstances may these discounts be used for personal profit or to compete with CONTINENTAL AUTOMOTIVE GROUP.

  1. Parts – Parts may be purchased with cash at cost plus 20%.
  2. Service – The Dealership provides a discount of 25% on repair work done on our employee’s vehicles. However, no employee vehicle is to be worked on in the Service Department or body shop unless a repair order is filled out by the manager of the department. Also, a manager must be on site. Of course, the vehicle must have the proper routing and spot number attached to the vehicle. Due to insurance requirements, no work can be performed before or after the shop hours. Service work must be paid for in cash or by credit card, unless other arrangements are made in advance.
  3. Vehicles – Discounts on vehicles are available. All new car sales to employees shall be subject to approval by the General Manager and/or President, and Dealership management reserves the right to refuse sale of specific products when instances of limited supply or competitive policy prevail.

Suggestion Program

The Dealership wants and needs your ideas on how to more efficiently and profitably run the Dealership. If you have any suggestions that you think will add to our effectiveness, or that you think will reduce expenses, please present the idea in writing to your Department Manager so that the plan may be discussed and, if at all practical, be put into operation.

A cash bonus may be available to the person whose idea is used, in the sole discretion of the Dealership’s General Manager. Department Managers are not eligible for this bonus.

Training And Educational Assistance

CONTINENTAL AUTOMOTIVE GROUP, working with its manufacturers, provides periodic training courses for qualified employees. In addition, full-time employees may be given the opportunity to attend training programs that will enable them to improve their skills and qualify for advancement.

Service Technicians should consult the Service Manager for information on the rate of pay for time spent attending an approved training course. This rate is subject to change without notice.

Advance approval by the General Manager is required before any course is taken. Reimbursement is paid upon successful completion of an approved course.

Membership in professional organizations wherein the employee receives benefits that can be directly applied to improving job performance may be reimbursed by CONTINENTAL AUTOMOTIVE GROUP at its sole discretion, providing the employee participates in the organization and receives prior authorization for the reimbursement from the General Manager.

Civic Duties

CONTINENTAL AUTOMOTIVE GROUP encourages each of its employees to accept his or her civic responsibilities. We are a good corporate citizen, and we are pleased to assist you in the performance of your civic duties.

Jury Duty – If you receive a call to jury duty, please notify your supervisor immediately so he or she may plan the department’s work with as little disruption as possible.

Employees who are released from jury service before the end of their regularly scheduled shift or who are not asked to serve on a jury panel are expected to call their supervisor as soon as possible and report to work if requested.

Voting – Although polls are open for extended hours, we realize that in some instances our employees are required to work overtime and may find that these hours are not sufficient to enable them to make it to the polls. If you have a problem in this respect, please let your supervisor know prior to the day of the election so that we can make arrangements for you to have the necessary time off to vote.

Paid Sick Leave

All full-time employees, except salespersons, who have successfully completed their introductory period may earn up to six (6) paid sick days per year. Sick leave accrues at a rate of ½ day per month. A doctor’s note must be submitted following any absence of three days or more due to illness or injury to receive paid benefits. The sick leave year runs from your date of hire to your anniversary, or from anniversary to anniversary. This benefit does accrue and can be carried over from one year to the next.

SICK LEAVE PAY

Salaried and hourly employees will be paid on the basis of a 40 hour work week without overtime.

Service technicians and advisors who have completed less than six months will be paid based on 75% of the daily average of their calendar year to date earnings.

Service technicians and advisors who have completed more than six months but less than one year will be paid based on 75% of the daily average of the first six months’ earnings.

Service technicians and advisors who have completed one full year of service will be paid based on 75% of the daily average of the previous calendar year’s earnings.

Unused sick leave will be forfeited upon termination of employment. Sick leave does not count as “hours worked” for purposes of calculating an employee’s entitlement to overtime during the week in which the absence occurs. Full-time employees will receive eight (8) hours pay at their regular hourly or salary rate. Sick leave is to be used for an illness of the employee, their spouse or minor children, or regular office visits to the doctor, not for vacation or personal time off. The Dealership may require verification of illness from a physician. Any employee attempting to obtain paid sick leave for a non-medical absence may be subject to discipline, up to and including immediate termination.

If you are going to be late or absent from work due to illness or injury, you must personally notify your supervisor as far in advance as possible so that proper arrangements can be made to handle your work during your absence. Of course, some situations may arise in which prior notice cannot be given. In those circumstances, you are expected to notify your supervisor as soon as possible. Leaving a message does NOT qualify as notifying your supervisor – you must personally contact your supervisor. Any employee not following Company policy regarding sick leave is subject to discipline, up to and including immediate termination.

Discretionary Medical Leaves Of Absence

After 90 days

After an employee has completed the ninety (90) day introductory period, he or she is eligible, subject to management approval, for up to four (4) weeks of unpaid leave of absence for medical reasons. Medical reasons may include illness, injury, medical and surgical procedures, pregnancy, childbirth and related medical procedures. A statement, acceptable to the Dealership, from your physician indicating that you are unable to perform your job and the probable duration of the leave is required prior to the start of your leave. You may also be required to undergo an examination by the Dealership’s physician. You must provide at least 30 days advance notice to your Manager of your need for leave, or in the case of an unforeseen circumstance in which 30 days advance notice is not possible, you must provide as much advance notice as is possible. You may also be required to provide periodic verification by your physician of your continuing inability to work. If the duration of your leave exceeds the estimate, you must provide verification from your physician including a revised anticipated date of return.

Employees who are granted a medical leave of absence during their first 12 months of employment may return to their regular job if it is available. If it is not available, we will attempt to place the employee in a similar job for which he or she is deemed by management to be qualified, if such a job is available. If no jobs are available at the time, we will give the employee consideration for any position for which he or she applies and is deemed by management to be qualified. A returning employee will be considered for a 30 day period following his/her notifying the Dealership in writing that he/she is ready to return to work. If the employee does not return within this 30 day period, he/she will be terminated. Medical insurance may be continued during the leave in accordance with the Plan Document and COBRA.

Family and Medical Leave Act Policy

Eligible employees may take up to 12 workweeks of unpaid, job-protected leave under the Family and Medical Leave Act (“FMLA”) in a 12-month period for specified family and medical reasons.

Employee Eligibility

To be eligible for FMLA leave, you must:

  1. have worked at least 12 months for the Dealership;
  2. have worked at least 1,250 hours for the Dealership over the preceding 12 months; and
  3. work at a location where there are at least 50 employees within 75 miles.

Conditions Triggering Leave

FMLA leave may be taken for the following reasons:

  1. birth of a child, or to care for a newly-born child;
  2. placement of a child with the employee for adoption or foster care;
  3. to care for an immediate family member (spouse, child, or employee’s parent) with a serious health condition; or
  4. because of the employee’s serious health condition which makes the employee unable to perform the functions of the employee’s job.

Duration of Leave

Eligible employees may receive up to 12 workweeks of unpaid leave during any “rolling” 12- month period, measured backward from the date of any FMLA leave. FMLA leave for the birth or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement.

You may take FMLA leave intermittently, or by reducing your normal weekly or daily work schedule, when medically necessary for your own or immediate family member’s serious health condition. Intermittent leave is not permitted for birth of a child, to care for a newly-born child, or for placement of a child for adoption or foster care. Employees who require intermittent leave or reduced-schedule leave must try to schedule their leave so that it will not disrupt the Dealership’s operations.

Benefits During Leave

Depending on the purpose of your leave request, you may choose (or the Dealership may require you) to use accrued paid leave, if available, concurrently with some or all of the FMLA leave. In addition, you will not be eligible to accrue seniority or benefits, including vacation and holidays, during any period of an FMLA leave.

Maintenance of Health Benefits

If you and/or your family participate in our group health plan, the Dealership will maintain coverage under the plan during your FMLA leave on the same terms as if you had continued to work. If applicable, you must make arrangements to pay your share of health plan premiums while on leave. In some instances, the Dealership may recover premiums it paid to maintain health coverage or other benefits for an employee and family.

Job Restoration

Upon returning from FMLA leave, you will normally be restored to your original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions.


Notice and Medical Certification

When seeking FMLA leave, you must provide:

  1. thirty (30) days’ advance notice of the need to take FMLA leave, if the need is foreseeable, or notice as soon as practicable in the case of unforeseeable leave;
  2. medical certification supporting the need for leave due to a serious health condition affecting you or an immediate family member must be returned before your leave begins, or if not possible, within 15 days of the Dealership’s request to provide the certification. If you fail to do so, we may delay the commencement of your leave or withdraw any designation of FMLA leave, in which case your leave of absence would be unauthorized, subjecting you to discipline up to and including termination. Second or third medical opinions and periodic recertifications may also be required;
  3. periodic reports as deemed appropriate during the leave regarding your status and intent to return to work; and
  4. medical certification of fitness for duty before returning to work, if the leave was due to your serious health condition.

Failure to comply with the foregoing requirements may result in delay or denial of leave.

Failure to Return After FMLA Leave

Any employee who fails to return to work as scheduled after FMLA leave or exceeds the 12-week FMLA entitlement may be subject to termination of employment.

Limited Nature of This Policy

This policy is intended to provide only those leave benefits and protection required by FMLA.

Personal Leave Of Absence

Additional types of unpaid personal leaves of absence may be granted in the sole discretion of management, for up to a maximum of 30 days. An extension beyond 30 days will be considered on an individual basis, and employees in this situation will be required to pay their own insurance premiums.

Failure to report to work as scheduled following a leave of absence may result in discipline, including termination. Time spent on personal leave of absence will not be used for computing benefits such as vacation or holidays.

You should speak directly with Human Resources prior to taking a leave to insure your understanding of all of your obligations to the Dealership while on leave, such as your periodic reporting and re-verification obligations. Failure to comply with Dealership policy may substantially affect your to return to work under this policy.

Bereavement Leave

Our full-time employees are eligible to receive up to three (3) days of unpaid bereavement leave in the event they miss regularly scheduled work days due to the death or funeral of a member of the employee’s immediate family. Your immediate family includes your spouse, children, stepchildren, parents, grandparents, grandchildren, brother or sister, your spouse’s parents, and any other relative permanently residing in the same household.

An employee who is notified of a death in his or her immediate family while at work will be paid for the remainder of the scheduled hours that day. The three-day eligibility for unpaid bereavement leave will not commence until the next regularly scheduled work day which is lost. All time off in connection with the death of one of the above-listed individuals should be scheduled with your supervisor.

An employee may use any available earned unused vacation or sick leave benefit in lieu of this unpaid bereavement leave.

Military Leave Of Absence

Employees who require time off from work to fulfill military duties will be treated in accordance with applicable requirements of state and federal laws. You are expected to notify the Dealership of upcoming military duty by providing your supervisor with a copy of your orders as soon as possible.

WHAT WE EXPECT OF YOU

This section of your handbook discusses your responsibilities to CONTINENTAL AUTOMOTIVE GROUP as an employee. Please thoroughly familiarize yourself with these policies and apply them in your work. The result of your effort will be a more efficient, productive and pleasant atmosphere for you, your co-workers and our customers.

Rules To Protect Us All

Every city, nation and society has rules for the orderly conduct of business. People cannot live and work together successfully and enjoyably without order.

CONTINENTAL AUTOMOTIVE GROUP is the same way. We need to have certain reasonable policies and rules for the conduct of our business. Our most important rule is the “rule of reason.” The following portions of this handbook focus on basic rules that should not be violated under any circumstances. Violation of any of these basic rules, the policies in this handbook, or any other policy of the Dealership may lead to discipline, up to and including immediate termination. Obviously, this list is not all inclusive and there may be other circumstances for which employees may be disciplined, up to and including immediate termination. If you have any questions about these basic rules, or what we expect of you as one of our employees, please discuss them with your supervisor.

CONTINENTAL AUTOMOTIVE GROUP’s identification of these rules does not alter the at-will nature of your employment. Described below are the basic rules, which we expect our employees to follow. This list is not all-inclusive, but should provide employees with an overview of what is expected from them. You have the right to terminate your employment at any time, with or without cause or notice, and the Dealership has a similar right.

Absenteeism And Tardiness

Each of our employees plays an important role in getting the day’s work done. Therefore, each employee is expected to be at his or her work station on time each day and to remain there throughout his or her scheduled hours. Absenteeism or tardiness, even for good reasons, is disruptive of our operations and interferes with our ability to satisfy our customer’s needs. Excessive absenteeism or tardiness, excused or unexcused, can result in discipline, up to and including discharge.

If you are going to be late or absent from work for any reason, you must personally notify your supervisor as far in advance as possible so that proper arrangements can be made to handle your work during your absence. Of course, some situations may arise in which prior notice cannot be given. In those circumstances, you are expected to notify your supervisor as soon as possible. Leaving a message does not qualify as notifying your supervisor — you must personally contact your supervisor. If you are required to leave work early, you must also personallycontact your supervisor. If your supervisor is not available, you must personally speak with your Department Manager and obtain his/her permission.

When absence is due to illness, the Dealership may require appropriate medical documentation.

Alcohol And Drug Policy

1. Purpose.
Alcohol and drug abuse ranks as one of the major health problems in the United States. Our employees are our most valuable resource, and their safety and health is of paramount concern. We are committed to providing a safe working environment to protect our employees and others; to provide the highest level of service; and to minimize the risk of accidents and injuries.

2. General Policy.
Each CONTINENTAL AUTOMOTIVE GROUP employee has a responsibility to co-workers and the public to deliver services in a safe and conscientious manner. Continuing research and practical experience have proven that even limited quantities of narcotics, abused prescription drugs or alcohol can impair your reflexes and judgment. This impairment, even when not readily apparent, can have catastrophic results. For these reasons, we have adopted a policy that all employees must report to work completely free from the presence of drugs and the effects of alcohol.

3. Drug Use/Distribution/Possession/Impairment.
All employees are prohibited from manufacturing, cultivating, distributing, dispensing, possessing or using illegal drugs or other unauthorized or mind-altering or intoxicating substances (including inhalants) while on CONTINENTAL AUTOMOTIVE GROUP property (including parking areas and grounds), or while otherwise performing their work duties away from CONTINENTAL AUTOMOTIVE GROUP. Included within this prohibition are lawful controlled substances, which have been illegally or improperly obtained. This policy does not prohibit the possession and proper use of lawfully prescribed drugs taken in accordance with the prescription. Employees are also prohibited from having any such illegal or unauthorized controlled substances in their system while at work, and from having excessive amounts of otherwise lawful controlled substance in their systems. This policy does not apply to the authorized dispensation, distribution or possession of legal drugs where such activity is a necessary part of an employee’s assigned duties.

4. Alcohol Use/Distribution/Possession/Impairment.
All employees are prohibited from distributing, dispensing, possessing or using alcohol while at work or on duty. Furthermore, all employees are prohibited from having alcohol in their system while at work or on duty.

5. Prescription Drugs.
The proper use of medication prescribed by your physician is not prohibited; however, we do prohibit the misuse of prescribed medication. Employees’ drug use may affect their job performance, such as by causing dizziness or drowsiness. In addition, employees can report the use of prescription or nonprescription drugs, which may affect drug tests by completing a written consent form. It is the employee’s responsibility to determine from his/her physician whether a prescribed drug may impair job performance.

6. Notification of Impairment.
It shall be the responsibility of each employee who observes or has knowledge of another employee in a condition which impairs the employee to perform his or her job duties, or who presents a hazard to the safety and welfare of others, or is otherwise in violation of this policy, to promptly report that fact to his or her immediate supervisor.

7. Who is Tested.
CONTINENTAL AUTOMOTIVE GROUP shall conduct drug tests in the following circumstances:

a. Application for Employment. Job applicants must submit to a drug test. Refusal to submit or a positive confirmed drug test may be used as a basis for refusal to hire the applicant

b. Reasonable Suspicion. Employees may be required to submit to drug/alcohol screening whenever CONTINENTAL AUTOMOTIVE GROUP supervision has a reasonable suspicion that they have violated any of the rules set forth in this policy. Reasonable suspicion may arise from, among other factors, supervisory observation, co worker reports or complaints, performance decline, attendance or behavioral changes, results of drug searches or other detection methods, or involvement in a workplace or vehicular accident indicating a possible error in judgment or negligence.

c. On a Random Basis or Periodic Basis.

d. After Leave of Absence. Employees may be required to submit to a drug test to verify fitness for duty when the employee returns from a leave of absence.

8. Discipline.
Violation of this policy or any of its provisions may result in discipline up to and including termination of employment.

9. Enforcement Policy.
In order to enforce this policy and procedures, CONTINENTAL AUTOMOTIVE GROUP may investigate potential violations and require personnel to undergo drug/alcohol screening, including urinalysis, blood tests or other appropriate tests and, where appropriate, searches of all areas of the Dealership’s physical premises, including, but not limited to work areas, personal articles, employees’ clothes, desks, work stations, lockers, and personal and Dealership vehicles, etc. Employees will be subject to discipline up to and including discharge for refusing to cooperate with searches or investigations, to submit to screening or for failing to execute consent forms when required by supervision.

INITIAL_________

10. Investigations/Searches. Where a manager or supervisor has reasonable suspicion that an employee has violated the substance abuse policy, the supervisor, or his designee, may inspect vehicles, lockers, work areas, desks, purses, briefcases, tool boxes and other locations or belongings without prior notice, in order to ensure a work environment free of prohibited substances. An employee may be asked to be present and remove a personal lock. The employee is hereby notified that locked areas or containers do not prevent a search and thus employees should understand there is no expectation of privacy on Dealership premises. Where the employee is not present or refuses to remove a personal lock, the Dealership may do so for him or her, and compensate the employee for the lock. Any such searches will be coordinated with a representative of management. The Dealership may use unannounced drug detection methods

11. Employee Assistance.
The Dealership expects employees who suspect they have an alcohol or drug problem to seek treatment. The Dealership will help employees who abuse alcohol or drugs by providing a referral to an appropriate professional organization. However, it is the responsibility of the employee to seek and accept assistance before drug and alcohol problems lead to disciplinary action, including termination. Failure to enter, remain or successfully complete a prescribed treatment program may result in termination of employment. Confidentiality of records and information will be maintained in accordance with all local, state, and federal laws.

Entrance into a treatment program does not relieve an employee of the obligation to satisfy the Dealership’s standards regarding an employee’s performance, and participation will not prevent the Dealership from administering discipline for violation of its policies or relieve the employee of his/her responsibility to perform his/her job in a satisfactory, safe and efficient manner.

12. Confirmation Testing. All urinalysis or hair sample drug tests will utilize an initial immunoassay methodology or an equivalent. All positive results shall be confirmed by a licensed laboratory using gas chromatography/mass spectrometry (GC/MS) or an equivalent.

13. What Happens When An Employee Tests Positive For Prohibited Substances.
All employees who test positive in a confirmed substance test will be subject to discipline up to and including discharge.

In those rare circumstances in which an employee is not immediately terminated for testing positive or for some other violation of the policy, the Dealership, in its sole discretion, may allow the employee to return to work pursuant to the employee executing an agreement acknowledging:

a. That they tested positive or otherwise violated the policy; and,

b. That in exchange for CONTINENTAL AUTOMOTIVE GROUP not terminating them for this instance of testing positive or otherwise violating the policy, they agree to undergo rehabilitation, counseling or other activities prescribed by a CONTINENTAL AUTOMOTIVE GROUP coordinating physician in conjunction with management; to undergo periodic unannounced screening for a set period; and be subject to termination for any future violation of the policy. Employees are responsible for the cost of any of these programs.

14. Returning/Continuing To Work.
Employees who test positive, admit to drug or alcohol use or related misconduct, or voluntarily seek assistance, and are not terminated, will not be returned to work or continue working until they have been evaluated by a Dealership selected physician allowed to determine if they can safely return to work.

Employee Signature _______________________________

Bad Attitude

Employees should display a positive attitude towards their job. A bad attitude creates a difficult working environment and prevents the Dealership from providing quality service to our customers.

Bulletin Boards

CONTINENTAL AUTOMOTIVE GROUP maintains a bulletin board as an important source of information. This bulletin board is to be used solely to post information approved by the Dealership regarding Dealership policies, governmental regulations, and other matters of concern to all employees and related to the employees’ employment by the Dealership. Please develop a habit of checking the bulletin board daily so that you will be familiar with the information posted there. No information may be placed on this bulletin board without the approval of Human Resources.

Cash Reporting Policy

Internal Revenue Service (IRS) regulations require that any transaction involving more than $10,000 in cash or cash equivalents must be reported to the IRS on Form 8300. “Cash” under the IRS reporting rules includes any kind of currency (U.S. or foreign), cashier’s checks from banks, bank drafts, travelers checks, and money orders, which may have a face value of less than $10,000 but combined equal $10,000 or more. Combinations of these kinds of instruments are considered “cash” for reporting purposes when they total $10,000 or more. Goods and services should be denied to people with cash who are known (actual knowledge) to be engaged in criminal activity. Selling goods and services to one who is known to be a drug dealer or engaged in some other illegal activity is contrary to Dealership policy. The following information must be obtained from the purchaser: name, address, social security number, and if an alien, passport number, country of origin and alien registration number. This information, along with a description of the sale, must be immediately filed with the IRS on Form 8300 within fifteen days of the cash transaction. The federal Money Laundering Control Act is a criminal law with criminal penalties directed at people who would deliberately conspire with those engaged in enterprises to “launder” money generated from criminal activity. Don’t be a criminal. “Structuring” a transaction to evade the cash reporting requirements carries penalties ranging from $25,000 to $100,000, and failure to comply with this government regulation is a felony with up to five (5) years in jail.

Failure to comply with federal regulations will subject an employee to disciplinary action, up to and including immediate termination of employment, and also could result in a felony conviction.

Cell Phone Policy

Employees should limit their use of cell phones while at work to make or receive personal calls. If you have a camera phone, the camera is not to be used on Dealership premises under any circumstances.

CONTINENTAL AUTOMOTIVE GROUP is committed to promoting highway safety by encouraging the safe use of cellular telephones by its employees while they are on Dealership business. While CONTINENTAL AUTOMOTIVE GROUP recognizes that there often is a business need to use cellular phones, safety must be the first priority.

If an employee needs to make a phone call while driving, the individual should find a proper parking space first. Stopping on the side of the road is not acceptable. The only exception is for genuine emergencies such as an accident or a vehicle breakdown. Employees with hands-free telephones may make brief phone calls while driving but must park when road conditions are poor, traffic is heavy, or the conversation is involved.

Proper cellular phone use is one part of safe driving. Employees also should remember that while traveling on business, they are expected to follow posted speed limits, practice defensive driving, wear seat belts and take a sufficient number of breaks so they remain alert. CONTINENTAL AUTOMOTIVE GROUP also expects its employees to be properly licensed and reserves the right to request that employees present a current license for inspection.

Computers, E-Mail, Voice Mail, And The Internet

The following policy governs the use of all Dealership-owned computers, personal computers used for Dealership business, e-mail and voice mail systems, and Internet access via Dealership computers and/or data lines. Personal computers used for Dealership business include laptops or home computers that are connected with the Dealership’s network on a regular or intermittent basis.

All Dealership computers, e-mail and voice mail facilities, and Internet access accounts are the Dealership’s property to be used to facilitate the business of the Dealership. All information that is temporarily or permanently stored or transmitted with the aid of the Dealership’s computers, e-mail and Internet remain the sole and exclusive property of the Dealership. As such, employees should have no expectation of privacy in connection with their access and use of such equipment and systems.

Employees should not use or access the Dealership’s computers, voice mail, e-mail and Internet systems in any manner that is unlawful, inappropriate or contrary to the Dealership’s best interests. These electronic tools are provided to assist employees with the execution of their job duties and should not be abused.

Dealership Property

All software that has been installed on Dealership computers and personal computers used for Dealership business is Dealership property and may not be used for any non-business, unlawful or improper purpose. In addition, all data temporarily or permanently collected, downloaded, uploaded, copied and/or created on Dealership computers, and all data temporarily or permanently collected, downloaded, uploaded, copied and/or created on personal computers used for Dealership business that relate in any manner to the Dealership’s business are the exclusive property of the Dealership and may not be copied or transmitted to any outside party or used for any purpose not directly related to the business of the Dealership.

Upon termination of employment, an employee shall not remove any software or data from Dealership-owned computers and shall completely remove all data collected, downloaded and/or created on personal computers used for Dealership business that relate in any manner to the Dealership’s business. Upon request of the Dealership, a terminating employee shall provide proof that such data has been removed from all personal computers used for Dealership business.

Proper Use

Employees are strictly prohibited from using Dealership computers, Dealership e-mail and Dealership voice mail systems, and Dealership Internet access accounts, or personal computers used for Dealership business, for any improper purpose. The Dealership’s Anti-Discrimination Policy and Policy Against Harassment extend to the use of the Dealership’s computers, e-mail, voice mail and Internet systems and personal computers used for Dealership business. Any employee who uses the Dealership’s computers, e-mail, voice mail and Internet systems in violation of these policies will be subject to discipline, up to and including immediate termination.

It is not possible to identify every type of inappropriate or impermissible use of the Dealership’s computers, e-mail, voice-mail and Internet systems. Employees are expected to use their best judgment and common sense at all times when accessing or using the Dealership’s computers, e-mail, voice-mail and Internet systems. The following conduct, however, is strictly prohibited:

  • Employees may not transmit, retrieve, download, or store inappropriate messages or images relating to race, religion, color, sex, national origin, citizenship status, age, disability, or any other status protected under federal, state and local laws.
  • Employees may not use the Dealership’s computers, e-mail, voice mail and Internet systems in any way that violates the Dealership’s policy against unlawful harassment, including sexual harassment. By way of example, employees may not transmit messages that would constitute sexual harassment; may not use sexually suggestive or explicit screen savers or backgrounds; may not access, receive, transmit or print pornographic, obscene or sexually offensive material or information; and may not transmit, retrieve, download, store or print messages or images that are offensive, derogatory, defamatory, off-color, sexual in content, or otherwise inappropriate in a business environment. Employees are also prohibited from making threatening or harassing statements to another employee, or to a vendor, customer, or other outside party.
  • Employees are strictly prohibited from altering, transmitting, copying, downloading or removing any proprietary, confidential, trade secret or other information of the Dealership, or of the Dealership’s customers. In addition, employees may not alter, transmit, copy or download proprietary software, databases and other electronic files without proper and legally binding authorization.
  • Employees should not download, transmit, or retrieve messages from multi-network gateways, real-time data and conversation programs including, but not limited to, instant messaging services (e.g. AOL Instant Messenger and Yahoo Messenger), Internet chat rooms and bulletin boards during their work shift, unless such activity is necessary for business purposes.
  • Employees may not use or allow another individual to use the Dealership’s computers, e-mail and Internet systems for any purpose that is either damaging or competitive with the Dealership or detrimental to its interests.
  • Employees are strictly prohibited from using the Dealership’s computers, e-mail or Internet systems in any manner that violates the federal Anti-SPAM law.
  • Employees must honor and comply with all laws applicable to trademarks, copyrights, patents and licenses to software and other electronically available information. Employees may not send, receive, download, upload or copy software or other copyrighted or otherwise legally protected information through the Dealership’s computers, e-mail and Internet systems without prior authorization.
  • Employees may not solicit personal business opportunities or conduct personal advertising through the Dealership’s computers, e-mail or Internet systems.
  • Employees may not engage in gambling of any kind, monitor sports scores, or play electronic games through the Dealership’s computers, e-mail or Internet systems.
  • Employees may not engage in day trading, or otherwise purchase or sell stocks, bonds or other securities or transmit, retrieve, download or store messages or images related to the purchase or sale of stocks, bonds or other securities through the Dealership’s computers, e-mail or Internet systems.
  • Streaming of music and videos on Dealership computers is strictly prohibited.

Unsolicited E-mail

Electronic mail has become an extremely important and efficient means of communication, particularly in the business world. However, the abuse of electronic mail systems, as well as the receipt and transmission of unsolicited commercial electronic mail places an incredible drain on the Dealership’s servers and network, and imposes significant monetary costs to filter and remove unsolicited e-mails from our system. To eliminate the receipt and transmission of unsolicited commercial electronic mail, the Dealership complies with the federal “CAN-SPAM” law. All employees are responsible for complying with the federal Anti-Spam regulations and therefore may not use the Dealership’s computers, servers, network or e-mail system to:

  • Transmit unsolicited commercial electronic mail promoting the Dealership’s business, goods, products and services without prior authorization.
  • Transmit unsolicited commercial electronic mail promoting the employee’s personal business, goods, products and services.
  • Transmit commercial electronic messages to the Dealership’s customers who have elected to “opt-out” of receiving the Dealership’s electronic advertisements.
  • Initiate a transmission of a commercial e-mail message that contains or is accompanied by false or misleading information

In addition, to help the Dealership eliminate the receipt of unsolicited commercial e-mail from outside parties advertising various websites, products or services and to further prevent the receipt of offensive or undesired outside e-mail, you should:

  • Not use your Dealership computer to access any website not directly related to Dealership business; and
  • Delete unfamiliar or suspicious e-mail from outside the Dealership without opening it.

Monitoring

Employees should expect that any information created, transmitted, downloaded, received or stored in Dealership computers or personal computers used for Dealership business, or on the Dealership’s voicemail system may be accessed by the Dealership at any time without prior notice. Employees should not assume that they have an expectation of privacy or confidentiality in such messages or information (whether or not such messages or information are password-protected), or that deleted messages are necessarily removed from the system. Employees must provide all passwords and access codes for Dealership computers or personal computers used for Dealership business to the I.T. Manager . Changing passwords or creating new passwords without notifying the I.T. Manager is strictly prohibited.

System Integrity

Because outside disks may contain viruses, employees are not permitted to use personal disks or copies of software or data in any form on any Dealership computer without first (1) obtaining specific authorization from the I.T. Manager, and (2) scanning the data for viruses. Any employee who introduces a virus into the Dealership’s system via use of personal software or data shall be deemed guilty of gross negligence and/or willful misconduct and may be held responsible for the consequences, including cost of repair and lost productivity.

Similarly, information is not to be downloaded directly from the Internet onto the Dealership’s computer system. All information downloaded from the Internet is to be placed on a disk and scanned for viruses before being introduced into the Dealership’s system.

Enforcement

Violations of this policy may result in disciplinary action, up to and including termination of employment. Employees who damage the Dealership’s computer system through its unauthorized use may additionally be liable for the costs resulting from such damage. Employees who misappropriate copyrighted or confidential and proprietary information, or who distribute harassing messages or information, may additionally be subject to criminal prosecution and/or substantial civil money damages.

Confidentiality

All records and files of the Dealership are property of the Dealership and considered confidential. No employee is authorized to copy or disclose any file or record. Confidential information includes all letters or any other information concerning transactions with customers, customer lists, payroll or personnel records of past or present employees, financial records of the Dealership, all records pertaining to purchases from vendors or suppliers, correspondence and agreements with manufacturers or distributors and documents concerning operating procedures of the Dealership. All telephone calls, letters, or other requests for information about current or former employees should be immediately directed to Human Resources or the President.

Conflict Of Interest

It is our policy to forbid employees to deal in the buying or selling of automobiles in private transactions or engaging in any other business, which competes with the Dealership. An employee may not buy or sell automotive parts or supplies in personal transactions with our customers and suppliers without express written approval from the General Manager. Nor may employee perform service repair work if such work conflicts with the proprietary interest of the Dealership. Also, Dealership policy forbids a financial interest in an outside concern, which does business with or is a competitor of the Dealership (except where such ownership consists of securities of a publicly owned corporation regularly traded on the public stock market). Rendering of directive, managerial, or consulting services to any outside concern, which does business with or is a competitor of the Dealership, except with the knowledge and written consent of the General Manager of CONTINENTAL AUTOMOTIVE GROUP is also prohibited. If you think that there is a possibility that you may have a conflict, it is your responsibility to notify the General Manager and obtain his/her approval in writing.

Courtesy

Courtesy is the responsibility of every employee. Everyone is expected to be courteous, polite and friendly to our customers, vendors and suppliers, as well as to their fellow employees. No one should be disrespectful or use profanity or any other language, which injures the image or reputation of the Dealership.

Customer Complaints

While we demand prompt, courteous treatment of our customers by all employees and expect dependable craftsmanship on any repairs to customers’ automobiles, occasionally a customer complaint will arise. These complaints must be handled in a prompt and professional manner. To accomplish this, Department Managers are the first stop for these complaints. Complaints needing attention at a higher management level should be brought forth as quickly as possible to the Customer Relations Manager or General Manager and/or President, who are responsible for the final decision in these instances.

Customer Privacy Policy

CONTINENTAL AUTO GROUP places a strong emphasis on its customers’ and clients’ privacy. As part of this emphasis, CONTINENTAL AUTO GROUP has developed and implemented a Safeguard Program that makes every effort to protect non-public customer information, such as credit application information, bank account numbers, social security numbers, telephone numbers, and addresses, from unauthorized disclosure, theft, alteration, deletion, or any other type of misappropriation.

The Dealership’s Safeguard Program requires its employees, contractors, and third party service providers to take appropriate measures to protect the security and integrity of non-public customer information. These measures include, but are not limited to:

  • Not leaving customer information or private documents unattended where they can be easily viewed, copied, or taken;
  • Locking rooms and file cabinets where customer data is stored;
  • Utilizing unique computer passwords, changing the passwords often, and not posting passwords at or near computer terminals;
  • Not allowing unauthorized use of computer terminals or access of customer files;
  • Referring any unusual requests for customer information to the Safeguard Program Coordinator or your supervisor;
  • Promptly reporting to the Safeguard Program Coordinator or your supervisor anytime you know or suspect that customer information has been compromised or misappropriated.

If you have any questions about the Safeguard Program, or need to report a potential violation of the policy, please contact your Safeguard Program Coordinator, Sherri Gordon.

Damage To Property

We have made a tremendous investment in our building and equipment in order to better serve our customers and to make your job easier. Deliberate or careless damage to the Dealership’s, your co-workers’ or customers’ property will not be tolerated.

Dealership Keys

Each CONTINENTAL AUTOMOTIVE GROUP employee to whom a key is given is responsible for proper use of that key and will be required to sign for it. A lost or misplaced key must be reported immediately to your Department Manager. Never duplicate or loan a key to anyone for any reason. See your Department Manager if you need another key. All keys must be turned in to your Department Manager upon separation from the Dealership, or your final paycheck may be withheld. Employees who take a leave of absence must turn in any keys or tools prior to beginning their leave.

Dealership Property And Vehicles

Only authorized employees may use CONTINENTAL AUTOMOTIVE GROUP vehicles. If a Dealership vehicle incurs any damage while under the charge of a particular employee, that employee will be responsible for reporting the damage immediately.

You must hold a valid Texas driver’s license for the class of vehicle you are driving. Further, you may never use a motorcycle either to conduct business or provide transportation for a customer or fellow employee. All people in Dealership vehicles are required to use their seatbelts. Not using seatbelts in a Dealership vehicle may lead to disciplinary action, up to and including termination. Only people authorized by your supervisor can be passengers in Dealership vehicles. Permitting unauthorized passengers may lead to disciplinary action, up to and including termination.

Any employee whose duties include the operation of Dealership or customer vehicles who is cited for D.U.I. or for any other serious moving violation will be considered to have an unacceptable driving record and his or her continued employment will be subject to review. The Dealership must be notified immediately of any change in the status of your driving record. Any employee whose duties include the operation of Dealership or customer vehicles who becomes uninsurable under the Dealership’s liability policy will be considered to have an unacceptable driving record and his or her continued employment will be subject to review.

If an employee receives a traffic citation while operating a Dealership or customer vehicle, the employee will be responsible for paying any fine or penalty. If an employee is involved in a traffic accident while operating a Dealership or customer vehicle, the employee is required to call a police officer to the scene of the accident. The employee must report the accident to Human Resources immediately. Do not attempt to render medical care or assistance beyond your ability.

Unauthorized use of Dealership vehicles is a breach of trust can result in termination.

Demonstration Drives

Salespersons will accompany customers on demonstration drives. Under no circumstances will a customer be allowed to drive a new or used automobile without being accompanied by a salesperson. The customer’s driver’s license and proof of liability insurance should always be photocopied before beginning a demonstration drive. Salespersons shall not ask a customer to go on a date, make sexual comments or propositions to a customer, or ask intrusive personal questions of a customer during a demonstration drive.

Document Preparation

Correspondence and documents should be error-free and neatly prepared. Care shown in preparation reflects attention to accuracy and detail. Even simple errors cause unnecessary inconvenience and irritation. Furthermore, the time required to correct them is wasteful and expensive.

Facsimile And Copy Machines

The facsimile and copy machines are for legitimate business purposes only and should not be used for personal use. Employees are prohibited from using these machines for the purpose of transmitting, receiving or copying materials, which may be deemed offensive or insulting. Any employee who receives such materials via facsimile transmission, the mail, or from any other source, should report the transmission immediately to the General Manager.

Fighting, Threats And Weapons

Obviously, we cannot allow fighting, threatening words or conduct. Nor can we allow the possession of weapons of any kind on Dealership premises.


Fraud, Dishonesty And False Statements

No employee or applicant may ever falsify any application, medical history record, invoice, paperwork, time sheet, time card, investigative questionnaires or any other document. Nor may any employee fraudulently report customer or warranty repairs or use the employee discount for friends or relatives or for personal gain. Any employee found to have engaged in resume fraud or who made material misrepresentations or omissions on their employment application will be subject to immediate termination of employment. If you observe any such violations, please report them to the General Manager immediately.

Gifts And Gratuities

Employees may not request or accept any gift or gratuity of any kind from a customer or supplier without the express written authorization of the General Manager.

Hazardous And Toxic Materials

If your job requires that you use hazardous or toxic materials, you are expected to comply with all laws, rules and regulations concerning their safe handling and disposal. If you have any questions about the materials you work with or the proper safety procedures to follow, please discuss them with your supervisor.

Honesty

Our credibility with our customers is the most important element of our relationship. Misrepresentation to a customer is against Dealership policy and against the law. The law provides that an employee is personally liable. It is also against Dealership policy to mislead or misrepresent any credit application or customer credit status to any financial institution. Employees are also expected to be honest in their dealings with their supervisors and co-workers.

Housekeeping

Employees are responsible for maintaining their own work areas in a presentable manner. At the close of each business day, ensure that all equipment is cleaned and put away. All stationery and miscellaneous supplies should be removed from benches/furniture tops. No paperwork may be left out overnight. Employees will not litter or discard such items as cigarettes or wrappers on the premises. Remember, we want our customers to look at us as a professional, neat organization.

Work areas must be maintained in a clean, healthy and orderly fashion to prevent unsafe conditions and potential accidents. Tools and equipment should be properly stored when not in use, and all floor areas must be kept free of grease, oil and other substances to prevent falls. If you observe conditions or equipment, which are potentially dangerous, report them immediately to your supervisor. It is each employee’s responsibility to make sure the work area is clean and orderly at the completion of their scheduled work shift.

Illegal Activity

Employees are not permitted to engage in any kind of illegal activity on duty or on CONTINENTAL AUTOMOTIVE GROUP’s property, or while off the job, which reflects detrimentally or adversely on the Dealership’s reputation.

Insubordination

We all have duties to perform and everyone, including your supervisor, must follow directions from someone. It is against our policy for an employee to refuse to follow the directions of a supervisor or management official or to treat a supervisor or management official in an insubordinate manner in any respect. Employees must fully cooperate with Dealership investigations into potential misconduct. Refusal to fully disclose information in the course of a Dealership investigation is insubordination and will not be tolerated.

Legal Requirements

The following are the most frequent disclosures that our employees are required to make by law. All employees must comply with these legal requirements in addition to all other federal, state and local laws, rules and regulations:

  • Window stickers and FTC stickers. These stickers must be intact on all new, demo, or used cars at time of presentation and delivery. No employee is authorized to remove them for a customer.
  • Odometer Disclosure. The odometer disclosure form must be signed for all customer trade-ins and for any Dealership vehicle sold.
  • Contract Disclosure. All contracts must be signed in the Dealership. Anyone signing a contract must show proof of identity. Also, the truth in lending and truth in leasing laws require that certain disclosures be made. Failure to make these disclosures can result in voiding of the deal and damages.

Loans And Pay Advances

Experience in business teaches that loans to employees or advances in pay do little in the long run to help an employee meet his or her financial obligations. At the same time, the Dealership may be put in a very difficult and unpleasant position if we are required to collect a past due loan. For these reasons, it is our policy not to make loans or advances of pay to employees. Any exceptions must be approved in writing by Bryan Hardeman. Similarly, managers and employees are prohibited from extending loans to any fellow employees because of the potential for conflict that may result.

Meetings

From time to time, individual or staff meetings may be held for the purpose of providing instruction, training, or counseling or to review Dealership operating policies. If such a meeting is called and includes your department, or you individually, attendance is required.

Misuse Of Property

No employee should misuse, or use without authorization, equipment, vehicles or other property of customers, vendors, other employees or the Dealership.

Nepotism

Relatives of employees will be ineligible for regular full time employment with the Dealership if employment of the relative of the current employee would result in the individuals being in a direct or in-direct supervisory relationship or in job positions in which a conflict of interest could arise. “Relatives” are defined to include spouses, children, siblings, and parents. Present employees who subsequently become related through marriage will be permitted to continue working in their current job positions only if the job positions do not entail a direct or indirect supervisory relationship with one another and the job positions do not involve an actual or potential conflict of interest.

New And Used Parts

All parts removed from either customer vehicles or vehicles owned or operated by CONTINENTAL AUTOMOTIVE GROUP are the property of CONTINENTAL AUTOMOTIVE GROUP. No employee shall remove from the premises any new or used parts without being properly billed or receiving written authorization to the contrary from the Parts Manager or Service Manager. Pilfering of new and used parts is a serious problem in the automobile dealership industry and will not be tolerated by CONTINENTAL AUTOMOTIVE GROUP.

Non-Fraternization

The Dealership desires to avoid misunderstandings, actual or potential conflicts of interest, complaints of favoritism, possible claims of sexual harassment, and the employee morale and dissension problems that can potentially result from romantic relationships involving managerial and supervisory employees in the Dealership or certain other employees in the Dealership.

Accordingly, managers and supervisors are prohibited from fraternizing or becoming romantically involved with one another or with any other employee of the Dealership. Additionally, all employees, both managerial and non-managerial, are prohibited from fraternizing or becoming romantically involved with other employees when, in the opinion of the Dealership, their personal relationships may create a conflict of interest, cause disruption, create a negative or unprofessional work environment, or present concerns regarding supervision, safety, security, or morale.

An employee involved with a supervisor or fellow employee should immediately and fully disclose the relevant circumstances to the Vice President/General Manager so that a determination can be made as to whether the relationship violates this policy. If a violation is found, the Dealership may take whatever action appears appropriate according to the circumstances, up to and including transfer or discharge. Failure to disclose facts may lead to disciplinary action, up to and including termination.

All employees should also remember that the Dealership maintains a strict policy against unlawful harassment of any kind, including sexual harassment. The Dealership will vigorously enforce this policy consistent with all applicable federal, state, and local laws.


Off-Duty Use Of Facilities

Employees are prohibited from being on the Dealership premises or making use of Dealership facilities while not on duty. Employees are expressly prohibited from using Dealership facilities, Dealership property or Dealership equipment for personal use.

Off-Duty Social And Recreational Activities

During the year, the Dealership may sponsor social or recreational activities for its employees. Your attendance at such social activities, however, is completely voluntary and is not work-related. Neither the Dealership nor its insurer will be liable for the payment of workers’ compensation benefits for any injury that arises out of an employee’s voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee’s work-related duties.

INITIAL _________

Operation Of Customer Vehicles

While a customer’s vehicle remains on Dealership property we all should accept responsibility for its care and treatment. If a customer’s car is damaged in any way, stolen or improperly used while in our possession, CONTINENTAL AUTOMOTIVE GROUP might be held responsible. Therefore, we expect our employees to treat every customer’s car as if it were their own.

There are a few common sense rules that keep us from upsetting our customers:

  • Do not play the radio except to repair it;
  • Do not change the radio station;
  • Do not smoke, eat or drive in a customer’s vehicle at any time;
  • Do not drive the vehicle for personal business of any kind;
  • Do not drive a vehicle without your Department Supervisor’s permission, and do not carry any passengers;
  • Do not remove any customer property from the vehicle.

Since customer satisfaction is essential to the continued success of the Dealership, these rules must be strictly adhered to.

Outside Employment

There have been times when most of us have had the opportunity or the need to have two jobs at one time. It is important that such outside interests do not interfere in any way with an employee’s primary job with CONTINENTAL AUTOMOTIVE GROUP. An employee should be careful that extra hours of work do not affect the safe operation of his regular job by leaving him tired and slow to react. If your second job could create a potential conflict of interest, for example, working for a competitor, you are required to obtain written approval, in advance, from the General Manager.

Overtime

CONTINENTAL AUTOMOTIVE GROUP may periodically schedule overtime or weekend work in order to meet production needs. We will attempt to give as much advance notice as possible, and we expect that all employees who are scheduled to work overtime will be at work, unless excused by their supervisor. All overtime work must be pre-approved by your supervisor or Department Manager. Working overtime without your supervisor’s or Department Manager’s approval may result in discipline, up to and including termination.


Parking

So that we will have sufficient convenient parking for our customers, we require all of our employees to park their vehicles in the area designated for employee parking. If you have any questions as to where you should park your vehicle, please ask your supervisor.

Personal Appearance And Behavior

We do not have a formal dress policy and prefer to rely on every employee’s good judgment to dress appropriately for a business such as ours and the job he or she is performing. We do expect all employees to present a neat, well-groomed appearance and a courteous disposition. We feel that these qualities go further than any other factor in making a favorable impression on the public and your fellow workers.

Unprofessional behavior in the workplace, such as sexually related conversations, inappropriate touching (i.e., kissing, hugging, massaging, sitting on laps) of another employee, and any other behavior of a sexual nature is prohibited. Employees who fail to observe these standards will be subject to disciplinary action, up to and including termination.

Employees should dress in a business-like manner. Male employees in a sales or managerial position are expected to wear dress slacks, dress shirts, and dress shoes. Female employees in a sales or managerial position should dress in a similar businesslike manner. Employees who are provided with Dealership uniforms should keep them in a neat and clean condition. Employees provided with Dealership uniforms must wear them at all times when on duty. Employees are required to return their uniforms in a timely manner upon termination of their employment. If the employee returns his or her uniform damaged beyond normal wear and tear, the Dealership will deduct the repair cost from the employee’s final paycheck.

Employees are expected to observe the Dealership’s personal appearance and behavior policy at all times while at work. Employees who report to work in unacceptable attire may be requested to leave work and return in acceptable attire. Such time off from work will generally be without pay.


Personal Mail

All mail, which is delivered to CONTINENTAL AUTOMOTIVE GROUP is presumed to be related to our business. Mail sent to you at the Dealership will be opened by office personnel and routed to your department. If you do not wish to have your correspondence handled in this manner, please have it delivered to your home.

Dealership postage meters and letterhead may not be used for personal correspondence.

Personal Telephone Calls And Visits

We have a limited number of telephone lines at CONTINENTAL AUTOMOTIVE GROUP, and it is essential that we keep those lines open for business calls. Therefore, we ask our employees to refrain from making or receiving personal calls except in emergencies. Long distance business calls must be cleared by your Department Manager unless your job duties include the routine making of long distance calls. Under no circumstances are employees permitted to use Dealership telephones to call “900” lines or similar pay per call services. Employees will be personally liable for unauthorized calls and will be subject to discipline, up to and including immediate termination.

Personal visits by friends or relatives during work hours can be disruptive to our operations and are strongly discouraged. If you receive a non-business-related visit from a friend or relative, you must notify your Department Manager at the time of your guest’s arrival and departure. Non-employees are strictly forbidden from entering unauthorized areas.

Poor Performance

Employees are expected to make every effort to learn their job and to perform at a level satisfactory to the Dealership at all times.

Publicity

In the course of advertising, public relations or other similar conduct for business purposes, the Dealership may utilize media resources. The Dealership may use your photograph, picture, and/or voice transcription for promotion or advertising at any time without compensation.

Safety

It is our policy to promote safety on the job. The health and well-being of our employees is foremost among our concerns. For this reason, you are urged to follow common sense safety practices and correct or report any unsafe condition, defective tool, or equipment to your Department Manager. Each employee shall be instructed regarding the Dealership’s injury prevention program. Each employee is expected to assist CONTINENTAL AUTOMOTIVE GROUP in maintaining safe working conditions. Safety is a state of mind and requires constant vigilance and common sense. Safety is everyone’s responsibility. Remember: SAFETY FIRST.

All accidents — including those, which do not involve serious injury and those involving customers — must be reported immediately to your Department Manager. It is only through full knowledge of every accident that the Dealership can become a safer, healthier place to work for everyone.

Management requires that employees follow common sense safety precautions. Several important safety rules are:

  1. Always wear appropriate and required safety apparel and devices.
  2. Never remove safety guards and devices from machinery.
  3. Do not engage in horseplay.
  4. Never use equipment unless trained and authorized.
  5. Keep fire extinguisher, aisles and doors clear.
  6. Know where all fire extinguishers are located.
  7. Do not smoke where it is prohibited or unsafe.
  8. Keep areas clean and free of clutter.
  9. Use proper lifting techniques.
  10. Use equipment only for its intended purpose
  11. Store flammable and hazardous waste material in proper containers.
  12. Do not ride lifts, hoists, or on the outside of vehicles.
  13. Comply with all vehicle traffic laws.
  14. Turn off equipment when not in use.
  15. No personal use of equipment without permission.
  16. Know first aid kit locations and how to use them.
  17. Report all accidents to your supervisor immediately.
  18. Report unsafe conditions or defective equipment.
  19. Follow posted Dealership/government safety measures.
  20. Use sound judgment in all activities.

Horseplay and practical jokes can cause accidents and injuries and, therefore, are not permitted. Questions on any safety rule, procedure, device or other safety matter should be asked immediately so that an employee understands proper safety procedures.

This Dealership has rules, regulations, and procedures so that work can be done effectively and harmoniously. It is not possible to anticipate and list all conceivable rules or violations. Each situation is handled on an individual basis and the circumstances will be of great importance when deciding how to treat unacceptable behavior. Remember that this handbook is for guidance only and does not constitute a contract of employment; the Dealership reserves the right to modify any policy at its discretion.

Scrap, Waste And Old Parts

All unused containers, oil drums, batteries, radiators, bumpers, brake shoes, and other salvageable items are the property of CONTINENTAL AUTOMOTIVE GROUP. Removing such items without authority shall be considered theft.

Searches And Inspections

In order to protect the safety and property of all of our employees, the Dealership reserves the right to inspect employee’s lockers, toolboxes, desks, briefcases, purses, cabinets, personal computers, as well as motor vehicles and any other personal belongings brought onto Dealership property. Employees are expected to cooperate in any search.

All files and records stored on Dealership computers are the property of the Dealership and may be inspected at any time. Dealership computers are for business purposes only and should not be used for non-work related matters. Use of Dealership computers for unauthorized purposes is prohibited. Electronic mail and voice mail messages are to be used for business purposes only and are considered Dealership property. The Dealership may access these items at anytime with or without prior notice and the employee should not assume that such messages are confidential.

Service Loaner Vehicles

The only vehicles, which can be loaned to customers are available in our service loaner fleet. This fleet is controlled by the Service Manager and is designed to assist our customers whose work cannot be completed in a reasonable length of time. Demonstrators are not available and cannot be loaned for any reason.

Service Work

Service work must be completed promptly and in expert fashion. If you are unsure of the diagnosis or solution for a problem, you should review the matter with your supervisor before proceeding.

Sleeping

Everyone needs to be fully alert while on the job in order to protect the safety of all employees and to properly serve our customers. Therefore, we cannot tolerate sleeping or inattention on the job.


Smoking

Smoking in the presence of some customers and co-workers may be offensive to them. Therefore, we expect that employees who choose to smoke will exercise good judgment as to when and where they smoke. Smoking is prohibited in all Dealership buildings, Dealership vehicles, and customer vehicles. Smoking must be confined to designated outdoor areas. Of course, smoking is prohibited in all areas where paint and flammable materials are present.

Solicitation – Distribution Policy

Our main job at CONTINENTAL AUTOMOTIVE GROUP is to give our Dealership’s customers the best service possible. In order to allow employees to provide the Dealership’s customers and their jobs with their undivided attention, the solicitation by an employee of another employee for the support of any organization is prohibited during the working time of either employee. In addition, the distribution of advertising materials, handbills or other literature is prohibited in all working areas and sales areas at all times. E-Mail, facsimile machines, and voice mail may not be used to advertise or solicit employees. Similarly, non-employees may not come on the Dealership’s property at any time to solicit for any cause or distribute material or literature of any kind for any purpose.

Theft

Our society has laws against theft and so do we. To protect you, your co-workers and CONTINENTAL AUTOMOTIVE GROUP, we reserve the right to inspect all purses, briefcases, packages, tool boxes, lockers and vehicles on the Dealership’s property. If you must remove Dealership property from the premises, you must obtain written permission in advance from your supervisor.


Timekeeping Procedures

Unless otherwise notified, each employee is required to record his or her hours of work for CONTINENTAL AUTOMOTIVE GROUP either through the use of a time card or through a hand written record. Accurately recording all of your time is required in order to be sure that you are paid for all hours worked as required by the wage and hour laws. You will be informed your first day on the job whether you are required to keep your time by a time clock, a time sheet or some other method. Whatever your method of timekeeping, you are expected to follow the established procedures in keeping an accurate record of your hours worked. The computerized time clock is pre-programmed to each individual employee’s preset daily hours.

Any changes or corrections to your time card or time record must be initialed by you and your Department Manager. Under no circumstances may any employee punch another employee’s time card.

CHANGES IN STATUS

Changes In Personnel Records

To keep your personnel records up to date, to ensure that the Dealership has the ability to contact you, and to ensure that the appropriate benefits are available to you, employees are expected to notify the Human Resources Department promptly of any change of name, address, phone number, number of dependents, or other applicable information.

Outside Inquiries Concerning Employees

All inquiries concerning employees from outside sources should be directed to Human Resources. No information should be given regarding any employee by any other employee or manager to an outside source.

Notice Of Resignation

In the event you choose to resign from your position, we ask that you give us at least two weeks written notice. You are responsible for returning Dealership property in your possession or for which you are responsible.

Exit Interview

Any employee leaving CONTINENTAL AUTOMOTIVE GROUP may be required to attend an exit interview conducted by the employee’s Department Manager. The purpose of the interview is to determine the reasons for termination and to resolve any questions of compensation, Dealership property or other matters related to the termination.

To Sum It All Up

This handbook highlights your opportunities and responsibilities at CONTINENTAL AUTOMOTIVE GROUP. It is a guide to your bright future here. By always keeping the contents of the handbook in mind, you should be successful and happy in your work at CONTINENTAL AUTOMOTIVE GROUP. Once again, welcome to our Dealership, and we look forward to working with you.

EMPLOYEE ACKNOWLEDGEMENT AND AGREEMENT

This will acknowledge that I have received my copy of the CONTINENTAL AUTOMOTIVE GROUP Employee Handbook and that I will familiarize myself with its contents.

I understand that this handbook represents the current policies, regulations, and benefits, and that except for employment at-will status and the Arbitration Agreement, any and all policies or practices can be changed at any time by the Dealership. The Dealership retains the right to add, change or delete wages, benefits, policies and all other working conditions at any time (except the policy of “at-will employment” and Arbitration Agreement, which may not be changed, altered, revised or modified without a writing signed by both myself and the President of the Dealership).

I further agree and acknowledge that the Dealership and I will utilize binding arbitration to resolve all disputes that may arise out of the employment context. Both the Dealership and I agree that any claim, dispute, and/or controversy that either I may have against the Dealership (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) or the Dealership may have against me, arising from, related to, or having any relationship or connection whatsoever with my seeking employment with, employment by, or other association with the Dealership shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the Texas Civil Practice and Remedies Code §§ 171.001-171.098 and all of the Act’s other mandatory and permissive rights to discovery. Included within the scope of this Agreement are all disputes, whether based on tort, contract, statute (including, but not limited to, any claims of discrimination and harassment, whether they be based on the Texas Commission on Human Rights Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation), equitable law, or otherwise, with exception of claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, claims for medical and disability benefits under the Texas Workers’ Compensation Act, Texas Workforce Commission claims, or as otherwise required by state or federal law. However, nothing herein shall prevent me from filing and pursuing proceedings before the Texas Commission for Civil Rights, or the United States Equal Employment Opportunity Commission (although if I choose to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to the provisions of this Agreement). In addition to any other requirements imposed by law, the arbitrator selected shall be a retired Texas District Court Judge, or otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court. All rules of pleading, all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment and judgment on the pleadings, shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged. As reasonably required to allow full use and benefit of this agreement’s modifications to the Act’s procedures, the arbitrator shall extend the times set by the Act for the giving of notices and setting of hearings. Awards shall include the arbitrator’s written reasoned opinion. I understand and agree to this binding arbitration provision, and both I and the Dealership give up our right to trial by jury of any claim I or the Dealership may have against each other. I further understand that nothing in the Employee Handbook creates or is intended to create a promise or representation of continued employment and that my employment, position, and compensation at the Dealership are at-will, and may be changed or terminated at the will of the Dealership or I, with or without cause or notice.

This is the entire agreement between the Dealership and I regarding dispute resolution, the length of my employment, and the reasons for termination of employment, and this agreement supersedes any and all prior agreements regarding these issues. It is further agreed and understood that any agreement contrary to the foregoing must be entered into, in writing, by the President of the Dealership. No supervisor or representative of the Dealership, other than its President, has any authority to enter into any agreement for employment for any specified period of time or make any agreement contrary to the foregoing. Oral representations made before or after you are hired do not alter this Agreement.

If any term or provision, or portion of this Agreement is declared void or unenforceable it shall be severed and the remainder of this Agreement shall be enforceable.

MY SIGNATURE BELOW ATTESTS TO THE FACT THAT I HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND TO ALL OF THE ABOVE TERMS.

______________________________
Print Full Name

______________________________
Signature

______________________________
Date

[RETAIN IN EMPLOYEE PERSONNEL FILE]