Professional Documents
Culture Documents
Avant Finaal Agreement
Avant Finaal Agreement
EMPLOYMENT AGREEMENT
This Agreement, is entered into on 6/28/2022________________________, by and between
Tipsy Antony
____________________________________ (hereinafter "Employee") and AVANT HEALTHCARE
PROFESSIONALS, a Florida Company, with offices at 1211 State Road 436, Suite 227, Casselberry, FL, 32707
(hereinafter "AVANT").
Recitals
1. AVANT desires to employ health care professionals such as Employee to perform professional healthcare
services at healthcare facilities in the United States.
2. Employee desires employment performing professional healthcare services at health care facilities in the
United States.
3. AVANT is willing to employ Employee and Employee is willing to be employed by AVANT to perform
professional healthcare services at facilities operated by entities that contract with Avant (“Assigned Client
Facility”).
Agreement
Now, therefore, in consideration of the mutual covenants and promises of the parties hereto, and
for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the
parties covenant and agree as follows:
I. Obligations of AVANT
A. If Employee is not a U.S. Citizen, AVANT shall sponsor Employee for an employment-based
visa with the US Citizenship and Immigration Services (USCIS), including preparing the application,
assisting in the application process, and paying the fees on behalf of the Employee, subject to the
conditions set forth herein. Employee will not be responsible for payment for any activity related to
obtaining permanent labor certification, including attorney fees paid, in accordance with 20 CFR 656.12.
Employee will be responsible for other costs and expenses associated with obtaining the visa, including,
but not limited to, costs associated with interviews, medical examinations, photographs, and fingerprints.
B. Upon issuance of a valid visa and relocation to the United States, AVANT shall provide
Employee with the opportunity to participate in a U.S. transition program (“USTP”). The USTP generally
lasts from four (4) to six (6) weeks and consists of two parts: a non-compulsory cultural transition
component and a mandatory clinical transition component.
The cultural component is offered at no cost to the Employee and provides assistance with:
The mandatory clinical component includes comprehensive clinical content designed to help the
Employee integrate successfully into their new clinical assignment, including differences in U.S. clinical
practice from the Employee’s home country, clinical information specific to the Employee’s assignment,
completion of required certifications such as BLS, ACLS, NRP, TNCC, etc., and information about U.S.
health insurance and Medicare/Medicaid. Employee will be paid during the clinical component in
accordance with applicable U.S. and state law minimum standards.
AVANT will provide an economy class ticket to the USTP location, pay for housing during the USTP,
and pay for any USTP-required transportation. Meals and discretionary transportation during the USTP
will be at the Employee’s expense.
At the conclusion of the USTP, AVANT will provide an economy class ticket from the USTP location to
the Assigned Client Facility. Should Employee either fail to complete the clinical component of the USTP
or fail to complete at least ninety (90) days of Active Employment at the Assigned Client Facility,
Employee acknowledges and agrees that Employee will have materially breached the
Agreement.
C. AVANT shall pay the State Board of Professional licensure fees and registration fees for
Employee to take one of the following National licensures examinations: the National Council
Licensing Examination for Registered Nurses (NCLEX-RN), or the National Physical Therapy
Examination (NPTE), or the National Certification Boards of Occupational Therapists (NBCOT) or
the Medical Technologist Licensure Examination (collectively “National Licensure”).
D. AVANT shall arrange for Employee to perform professional healthcare services at Assigned
Client Facilities. AVANT has total and complete discretion to determine the location of the assignment
and the specific Assigned Client Facility.
F. AVANT shall compensate Employee for work performed directly at an Assigned Client
Facility either at an hourly rate, fee basis, or at an equivalent salary basis as determined in the sole
discretion of AVANT. AVANT will determine the method of compensation at the time Employee
begins work at an Assigned Client Facility, but AVANT reserves the right to change the method of
compensation at its sole discretion as long as the compensation is in accordance with state and federal
law. Once Employee completes the Initial Employment Period or the Revised Initial Employment
Period, if applicable, as those terms are defined in IV(D) and (E) below, Employee and AVANT will
negotiate the compensation rate and benefits for work performed directly for an Assigned Client
Facility.
1. If Employee is paid at an hourly rate, the Employee will be paid an hourly wage
consistent with the prevailing wage as determined by the US Department of Labor (US DOL)
for the location where Employee is assigned and Employee’s job. AVANT shall, in addition
to the hourly wage, pay Employee overtime if required by local, state, or federal law.
2. When applicable, Employee, if paid at an hourly rate, also shall be paid an on-call rate
for all hours Employee is “on-call.” Additionally, unless otherwise required by law, if
Employee performs services in response to a “call back,” Employee shall be paid the
Employee’s regular wage for actual time worked during the call back unless Employee has
worked over 40 hours during the applicable work week, in such case, Employee will be paid
at 1.5 times Employee’s regular rate.
3. If Employee is paid on an hourly basis, Employee will not be paid for recognized
holidays not worked. Likewise, if Employee is paid on an hourly basis, Employee will be paid
only for the actual hours worked during a work week in which a recognized holiday falls.
Employee shall be paid at a rate of 1.5 times the Employee’s regular hourly rate for all hours
worked on a recognized holiday. For purposes of this Agreement, “recognized holidays” are
those holidays recognized or observed by the Client to which Employee is assigned.
5. If Employee is paid on a salary basis, Employee’s salary will be not less than the local
prevailing wage as determined by the United States Department of Labor for all hours worked
in the designated work week. AVANT shall pay Employee overtime if required by state, local
or federal law.
6. If Employee is paid on a fee basis, Employee’s fees for an average work week will
not be less than the local prevailing wage as determined by the United States Department of
Labor for all hours worked in the designated work week. Employees paid on a fee basis will
not be paid for recognized holidays not worked, except as required by state, local, or federal
law. For purposes of this Agreement, “recognized holidays” are those holidays recognized or
observed by the Client to which Employee is assigned.
7. AVANT shall pay Employee bi-weekly after receiving a completed time sheet signed
by both Employee and the designated Client contact. The time-sheet must set forth in detail
the exact time Employee began and ended work each day including the amount of time
Employee took as a break. Employee must record all hours worked. Employee’s work week
will coincide with the Client’s regular work week. The right to compensation shall commence
the first day that Employee reports to work at an Assigned Client Facility, unless federal law
provides otherwise. To the extent required by law, AVANT shall withhold from Employee’s
compensation federal and state income taxes, FICA, Medicare, and any other required or
approved withholdings. Employee specifically understands and agrees to notify AVANT
immediately if he or she believes there to be an error in his or her compensation or record of
hours worked.
G. AVANT shall provide benefits according to the AVANT plan documents, supplied to employee
in addition to this Agreement, to include Professional Liability, Health Insurance, Dental Insurance, 401K
Savings Plan, Life Insurance, Licensure Reimbursement, Continuing Education Bank and Workers
Compensation Insurance to Employee. AVANT may change these benefits from time to time and may
amend the plan documents at any time, with or without advance notice.
H. Employee shall be eligible for leave in accordance with the Leave Schedule listed on Schedule A
and any leave mandated by federal, state or local law.
I. Employee must obtain written approval to take leave from an AVANT Manager. On all
occasions, Employee will provide AVANT with reasonable notice that Employee wishes to take leave
from service. All leave requests must be in writing and approved in advance by an AVANT Manager.
Unused paid leave will not be reimbursed to Employee, unless required by applicable law. Additional
unpaid leave shall be provided to eligible employees pursuant to federal and state law, including but
not limited to, the Family and Medical Leave Act (FMLA).
J. Employee also may be granted leave without pay from Active Employment with written
approval from an AVANT Manager in cases of extreme personal emergency for the maximum of three
(3) consecutive scheduled work days or as mutually agreed by Employee and AVANT.
K. Avant will administer performance reviews to Employee after the first 90 days of an
assignment and annually thereafter.
A. Prior to Employee’s relocation to the United States, Employee must maintain full time
employment in an applicable healthcare setting that meets AVANT’s screening and selection criteria
(“Original Employment”). Employee must obtain written permission from an AVANT manager to
make any change in his/her Original Employment.
C. Employee must fully complete and submit all relevant applications and documents necessary
for Employee to take the National Licensure examination as soon as possible, or if Employee already
holds a valid U.S. state license, documents and applications for endorsements as needed. This shall
include maintaining a valid English language examination score.
D. Employee must take and achieve a passing score on one of the National Licensure
examinations set forth in I.C.
E. If Employee fails to achieve a passing score on the National Licensure examination, AVANT
may require Employee to re-take the National Licensure examination. A decision to re-sponsor the
Employee for the National Licensure Exam is made by AVANT on a case-by-case basis and is
dependent on the Employee’s progress through the review program, commitment to the program and
on review of the Candidate Fail Report. After Employee fails to achieve a passing score on the
National Licensure examination twice, AVANT may terminate this Agreement for Cause.
2. Employee fails to achieve a passing score on the National Licensure examination and
is required by AVANT to re-take the examination at employee’s expense and Employee either fails to
re-take the examination or again fails to achieve a passing score on the examination;
3. If Employee fails to participate in the AVANT licensure review program and fails to
adhere to all requirements in the agreed upon timeframes or fails to meet the passing standards for the
review program;
4. Employee makes any change in his/her Original Employment from the time of
execution of the Agreement and prior to relocation to the United States without written authorization
from AVANT; or
G. Employee shall provide healthcare services to the Client(s) designated by AVANT as follows:
1. Employee will report to work at the Assigned Client Facility on the date and time
specified by AVANT and thereafter will report to work at all days and times the Client
schedules Employee to work.
3. Employee shall notify both AVANT and the designated Client contact at least two (2)
hours before the start-time for Employee’s shift upon discovering that Employee will not be able
to work on any date that the Employee is scheduled to work.
4. Employee will report to an AVANT manager. Employee will follow instructions and
directions and will use good faith efforts to comply with all rules, policies, practices, and
procedures of AVANT and the Client to which Employee is assigned. In the event that the Client
has instructed or directed Employee to take some action that the Employee believes in good faith
to be improper or unlawful, or in the event that the Client has instructed or directed Employee to
refrain from taking action that Employee believes in good faith to be necessary, or required by
law or medical guidelines, Employee will immediately notify AVANT.
includes notifying AVANT if Employee is the subject of any disciplinary action taken by the
Client.
6. Employee will comply with all performance guidance provided by AVANT, including
but not limited to, full cooperation with any performance improvement plan issued by AVANT.
Employee will participate in any performance counseling, guidance or training offered to
Employee by AVANT.
H. Employee shall notify AVANT immediately in writing if the Employee is, in any way, disciplined
by or threatened with any discipline, or contacted by any state's Department of Professional Regulation or
any other governmental entity that regulates the provision of professional healthcare services, including
but not limited to, Registered Nurses, Physical Therapy, Occupational Therapy, or Medical Technology.
Employee shall also notify AVANT of any proposed disciplinary action regarding Employee's license to
provide professional healthcare services, including but not limited to Registered Nurses, Physical Therapy,
Occupational Therapy, Speech Language Pathology, and Medical Technology services and shall provide
AVANT with a copy of all notices that regulate the provision of professional healthcare services, including
but not limited to Registered Nurses, Physical Therapy, Occupational Therapy, Speech Language
Pathology, and Medical Technology services, and provide information related to the nature of the
discipline, threatened discipline, or contact.
I. Employee shall obtain and/or maintain his/her respective state licensures by endorsement and
certifications to provide the applicable professional services. Should Employee’s state licenses or
certifications become inactive, revoked, or suspended for any reason, AVANT may terminate this
Agreement immediately for Cause.
J. If AVANT provides Employee with corporate housing to serve as Employee’s place of residence,
any monies owed to AVANT by Employee, pursuant to the language of the corporate housing lease and
in accordance with applicable state and federal law, may be withheld from Employee’s wages in
accordance with state and federal law.
K. Employee agrees to indemnify and hold harmless AVANT for all costs, fees, expenses, fines, or
judgments incurred in any claims, suits, charges, administrative investigations, or any other legal action
taken against AVANT resulting from any misrepresentations made by Employee related to his or her
education, license, certification, identity, or job experience.
L. Employee understands and agrees, that Employee may be required to work varying shifts and
varying hours, including night shifts. Employee further understands and agrees that the Employee may
be required to float or transfer to another area, floor, or affiliated location of Assigned Client Facility, and
Employee specifically agrees to accept and perform all such assignments.
M. Upon entry to the United States and prior to commencing work at a Client worksite, Employee
may be required to submit to medical examinations, drug screening, or fingerprinting, as permitted by
applicable law. Employee also may be required to submit to drug or alcohol testing, fingerprinting, and
background checks at any time prior to the termination of this Agreement as directed by AVANT and as
permitted under applicable law. The results of any such drug or alcohol test or background check may
result in termination of this Agreement. Should Employee violate any Client or AVANT drug or alcohol
policy, Employee will be terminated for Cause in accordance with federal, state and local law.
A. Employee shall be assigned to work for an Assigned Client Facility based on Employee’s specific
skills and the Assigned Client Facilities’ staffing needs. In its sole discretion, AVANT may consider Employee’s
preference in determining the Assigned Client Facility. AVANT, however, retains sole discretion in selecting the
Assigned Client Facility.
B. If the Assigned Client Facility decides to terminate Employee’s assignment without Cause,
AVANT will use its best efforts to transfer Employee to a new Assigned Client Facility. AVANT, in its sole
discretion, will determine the location of the assignment and the new Assigned Client Facility. Although AVANT
will try and provide options to Employee, Employee’s skills, performance, and available assignments will dictate
the options. If AVANT transfers Employee to a new location or new Assigned Client Facility, Employee’s
compensation for work performed for the new Assigned Client Facility may be changed as long as the
compensation is not less than the local prevailing wage as determined by the United States Department of Labor.
C. If the Assigned Client Facility decides to terminate Employee’s assignment for Cause as that term
is defined in this Agreement at Section IV.C, AVANT will likely have to replace Employee at the Assigned Client
Facility with another employee and will, in its sole discretion, consider transferring Employee to a new Assigned
Client Facility.
IV. Termination
In addition to the reasons for termination set forth at II.F., this Agreement and Employee’s employment
by Avant may be terminated subject to the following conditions:
B. Termination With Good Reason by Employee. In the event Employee believes that AVANT
has failed to perform any material obligation of this Agreement, Employee must give written notice of
such failure to an AVANT manager. If, after a reasonable investigation by AVANT, a determination is
made by AVANT’s CEO or authorized designee that AVANT has failed to perform any such obligation
after receiving written notice and AVANT has not corrected or cured such failure within thirty (30) days
of receipt of such notice, Employee may terminate this Agreement upon written notice and without further
obligation to Employer and without AVANT having any further obligation to Employee. Both parties
agree to execute a full general release in favor of the other in conjunction with the termination of the
Agreement by Employee for Good Reason. Should Employee terminate this Agreement prior to the
completion of the 30-day cure period, or should AVANT determine that it had satisfied its obligations
under this Agreement, and Employee still terminates this Agreement, Employee’s termination shall be
considered to be without Good Reason.
C. Termination by AVANT. AVANT may terminate this Agreement at any time for Cause upon
providing Employee with written notice. “Cause” includes Employee’s: failure or refusal to perform
duties of employment; refusal to adhere to the policies and procedures of AVANT or the Assigned Client
Facility; commission of an unlawful act; unauthorized removal of AVANT’s or Client’s property;
falsifying documents, including reports and records; refusal to perform duties in a professional manner;
absenteeism not protected by federal, state or local law; failure to provide patient care consistent with
accepted guidelines; failure to interview in good faith for all placement opportunities provided by AVANT
within the Initial Employment Period; failure to accept a transfer to a new location or new Assigned Client
Facility within the Initial Employment Period; failure to timely perform clinical documentation
requirements, and failure to perform any obligations under this Agreement. If Employee is terminated for
Cause, Employee acknowledges and agrees that Employee has materially breached this Agreement and
AVANT will suffer Damages as a result of the breach. Avant will offer to pay the reasonable cost of
return transportation if obliged to do so under 8 CFR 214.2(h)(4)(iii)(G).
D. Initial Employment Period. The Initial Employment Period commences on the date
Employee first starts working at an Assigned Client Facility. The Initial Employment Period continues
until Employee works the Minimum Hours Commitment defined on Schedule A or the equivalent
number of visits for home healthcare professionals who work on a fee basis at any Assigned Client
Facility, inclusive of all straight time, overtime, and call back hours worked at any Assigned Client
Facility and exclusive of on-call hours, vacation, sick leave, or other leave during which employee did
not actually work. Non-shift Work as that term is defined in Section I. F. (4), also is not included
within the Minimum Hours Commitment. The Initial Employment Period does not create any
limitations on Employee’s employment with Avant beyond the Initial Employment Period.
E. Revised Initial Employment Period. If Employee requests a transfer from an Assigned Client
Facility and, as a result of the request, Avant transfers Employee as set forth in Section III.C., the transfer
will result in AVANT incurring additional costs and potential penalties from the Assigned Client Facility.
Consequently, Employee agrees to an increase in the hours necessary to complete the Initial Employment
Period (or the fee payment equivalent) (“Revised Initial Employment Period”) and acknowledges the
Revised Initial Employment Period. AVANT has full discretion to transfer Employee to any location and
to change Employee’s compensation for work performed for the new Assigned Client Facility upon
transfer to any rate that is not less than the local prevailing wage as determined by the United States
Department of Labor. Employee, thus, acknowledges that a transfer due to the Assigned Client Facility’s
termination based on Employee’s request for a transfer will result in Employee having an Initial
Employment Period that does not end after Employee’s initial completion of the Minimum Hours
Commitment (or the equivalent number of visits for Employees who work on a fee basis as a home
healthcare professionals), but rather ends after completion of the Revised Initial Employment Period at
the new Assigned Client Facility. The Revised Employment Period does not create any limitations on
Employee’s employment with Avant beyond the Revised Initial Employment Period.
F. Damages. Employee acknowledges and agrees that AVANT has incurred and will continue
to incur a significant cost investment related to support for Employee including, but not limited to,
training, credentialing, and licensure, based upon the expectation that Employee will continue to be
employed with AVANT for at least the Initial Employment Period, which is consideration by
Employee for Avant’s significant cost investment. Employee understands and acknowledges that if
he or she terminates his or her employment with AVANT at any time after relocation to the United
States, but prior to the completion of the Initial Employment Period for any reason other than a
termination with Good Reason pursuant to Section IV.B. hereof or by written consent of AVANT, that
AVANT will be damaged not only by loss of its investment in support for Employee such as
credentialing, licensing, training, and placement, but also may incur penalties related to replacement
of Employee’s services to the Client or Clients, including, but not limited to, penalties by the Client
against AVANT for the Employee’s early termination of the assignment. Consequently, if Employee
breaches this Agreement, Employee will be liable to AVANT for Damages which, to the extent
permissible by applicable law, are defined as actual damages, including but not limited to actual costs,
both direct and indirect, incurred by Avant related to Employee (costs do not include any amounts
specifically not recoverable from Employee under U.S. law such as 20 CFR 655.761.(c)(9)(iii)(C)).
Damages are in addition to any injunctive relief awarded to AVANT due to Employee’s breach of
Section VI.
G. Conversion. Once Employee completes the Initial Employment Period, Employee may have
the opportunity to become direct staff at the Assigned Client Facility (“Conversion”). The decision to
allow the Employee to convert to Avant’s client’s direct staff prior to completion of the Initial
Employment Period is solely in Avant’s discretion. Employee always retains discretion to continue
employment with Avant rather than accept an offer to be a direct employee of an Avant client.
Solely at its discretion, AVANT may elect to advance monies to Employee upon Employee’s request to
assist Employee with Employee’s personal financial obligations. These amounts will be repaid via payroll
deduction or other mutually agreed upon payment method after commencement of the Employee’s assignment in
accordance with local, state and federal law. In the event that either party terminates this agreement pursuant to
Section IV, the remaining balance, if any, in the Employee’s advance account is immediately due and payable to
AVANT, in accordance with applicable law.
A. Other Employment
During Employee’s employment with Avant, Employee agrees not to work either full time or part
time in any capacity for anyone other than AVANT without AVANT’s prior written consent. This
includes providing services outside of this Agreement to any Assigned Client Facility.
Employee agrees that for a period of eighteen (18) months after the termination of this
Agreement for any reason, Employee will not, without the prior written consent of AVANT’s Chief
Executive Officer, provide professional healthcare services in any capacity to any Client of AVANT
to which Employee has rendered services while employed by AVANT (“Restricted Period”). However,
AVANT will reduce the Restricted Period to six (6) months if Employee successfully completed the
Initial Employment Period or has terminated the Agreement for Good Reason. The parties agree that
the Restricted Period is reasonable to protect AVANT’s legitimate business interests and is not unduly
restrictive on Employee. This Section VI.(B) does not apply to Employees who work at an Assigned
Client Facility in California.
C. No Solicitation
Employee agrees that during employment with AVANT and for a period of one (1) year after
the date of Employee's termination for any reason, Employee will not directly or indirectly recruit or
solicit AVANT employees for Employee's benefit or the benefit of any other employer, company,
business, entity, or person, and that Employee will not ask, request, suggest, instruct, or order anyone
else to do so on Employee's behalf or for Employee's benefit. Employee also agrees that for the same
one-year (1) period, Employee will not suggest, advise, or encourage other AVANT Employees to
terminate their employment relationship with Avant. The parties agree that this time period is
reasonable to protect AVANT’s business interests and is not unduly restrictive on Employee. This
Section VI.(C) does not apply to Employees who work at an Assigned Client Facility in California.
D. Confidentiality
Employee shall not disclose to others, use, or publish any of AVANT’s trade secrets or other
proprietary information, including but not limited to, information pertaining to AVANT’s recruitment,
placement, transitioning processes, or confidential information related to the business of AVANT or
its Clients, either during the term of this Agreement or after its termination for whatever reason. Upon
the termination of the Agreement for any reason, Employee shall not take from, and promptly will
return to AVANT within five (5) days, any clinical training materials, transition materials, flow charts,
or other books, forms, records, or documents whatsoever or reproductions thereof and any and all other
information belonging to AVANT, including, but not limited to, information and documents of a
proprietary, secret, or confidential nature relating to the business or operations of AVANT. For the
purpose of this Agreement “Confidential Information” shall mean all materials and information related
to or associated with AVANT’s service, products, business or activities; propriety computer software
or data; marketing plans or techniques; client lists, client information, pricing information, information
related to finance, accounting, sales, personnel and management; and information related to supplier
lists, price lists, costs of goods and service and maintenance; referral and recruiting methods, sources
and contacts; and trade secrets (as that term is defined in the Uniform Trade Secrets Act and modified
to conform to applicable state trade secret laws or common law). Pursuant to the federal Defend Trade
Secrets Act of 2016, Employee shall not be held criminally or civilly liable under any federal or state
trade secret law for the disclosure of a trade secret that: (i) is made in confidence to a federal, state, or
local government official, either directly or indirectly, or to an attorney solely for the purpose of
reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document
filed in a lawsuit or other proceeding, if such filing is made under seal. Moreover, if Employee files a
lawsuit for retaliation by AVANT for reporting a suspected violation of law, Employee may disclose
a trade secret to Employee’s attorney and use the trade secret information in the court proceeding;
provided, however that Employee: (i) shall file any document containing the trade secret under seal;
and (ii) shall not disclose the trade secret, except pursuant to a court order.
This Agreement shall be governed by the laws of the State of Florida applicable to agreements made and
entirely to be performed therein, and venue for any litigation or arbitration brought to enforce this Agreement shall
lie exclusively in the United States District Court, Middle District of Florida, Orlando Division, or in the Circuit
or County Court in Seminole County, Florida. If a claim is not subject to arbitration, each of the parties hereto
hereby consents to the personal jurisdiction of the state courts located in Seminole County, Florida, or the federal
courts located in Orange County, Florida, for the adjudication of any such claim or controversy arising under this
Agreement. For such claims, the Employee shall be responsible for attorney fees incurred by AVANT to enforce
this Agreement.
VIII. Headings
The headings in this Agreement are for convenience only and shall not control or affect the meaning
or construction or limit the scope or intent of any of the provisions of this Agreement.
IX. Recitals
X. Enforcement
The parties agree to resolve all claims, disputes, and controversies arising out of this Agreement
through arbitration in accordance with the parties’ Mutual Agreement to Arbitrate Claims. In accordance with
the Mutual Agreement to Arbitrate Claims, either party may request temporary or preliminary injunctive relief
pending arbitration in accordance with applicable law. The parties agree that the exclusive jurisdiction for
such a request for temporary or preliminary injunctive relief shall be in the state or federal courts in the county
where Employee last performed services for the Company, and Employee hereby waives and agrees that
Employee shall not assert that such forum is inconvenient.
XII. Survivability
Any termination of this Agreement shall not, however, affect the ongoing provisions of this Agreement,
which shall survive such termination in accordance with their terms.
XIII. Severability
In the event that any court of competent jurisdiction shall determine that any provision, or any portion
thereof, contained in this Agreement shall be unenforceable in any respect, then such provision shall be deemed
limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. In
the event that such court shall deem any such provision, or portion thereof, wholly enforceable, the remaining
provisions of this Agreement shall nevertheless remain in full force and effect; provided, if without such invalid
provisions, the fundamental mutual obligations of the parties cannot be achieved, then either party may terminate
this Agreement without penalty by providing written notice to the other party.
XIV. Assignability
Employee understands and specifically agrees that this Agreement may be assigned by AVANT at any
time, without notice, to any successor in interest of AVANT. All of the covenants and agreements shall inure
to the benefit of such successor or assignee. In the event that applicable law requires Employee to consent or
agree to the assignment of this Agreement to a successor of AVANT, Employee's employment by said
successor shall be deemed consent to and assignment of this Agreement. Neither this Agreement nor any of
the rights hereunder shall be assignable by the Employee.
The terms of this Agreement embody the entire understanding and agreement between the parties
hereto relating to the subject matter hereof and supersedes any prior agreements or understandings, whether
oral or written, between Employee and AVANT relating to the subject matter hereof. Employee acknowledges
that AVANT has not made any, and makes no, promises, representations, covenants, or undertakings other
than those expressly set forth herein.
XVI. Modification
It is understood between the parties that this Agreement contains the entire understanding of the parties
and no change or modification of this Agreement shall be valid unless the same be in writing and signed by all
the parties hereto.
XVII. Notice
Unless otherwise indicated in this Agreement, all notices or other communications are required in writing.
Notices shall be deemed effective and complete when either hand delivered to the party or when deposited with
the United State postage service, certified mail return receipt requested, addressed to the recipient party at the
address provided below or at such other address as the recipient may designate in writing:
AVANT: Employee:
The Employee acknowledges that he/she has read and understands all of the terms of this Agreement and agrees
to abide by its terms and conditions. Employee also agrees to execute an identical Agreement upon arrival in the
United States.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
6/29/2022 6/28/2022
Date Date
Schedule A
Hours Commitment: Defined as 6,240 hours worked by the Employee for an Assigned Client
Facility.
Leave Schedule: Employee shall be eligible for a maximum of four (4) weeks of paid leave
during the course of 4,600 contract hours at an Assigned Client Facility (or
after the equivalent number of visits for employees who work on a fee
basis as home healthcare professionals). Until the maximum is reached,
paid leave will accrue at a rate of 0.03 hours per contract hour for
employees on a 36 hour per week schedule and 0.034 hours per contract
hour for employees on a 40 hour per week schedule. Leave hours will
accrue on an hourly basis and be applied to the Employee’s available leave
balance biweekly on the Employee paycheck date. Once hours are
available, Avant will pay Employee for approved paid leave at the
Employee’s regular rate of pay, with the following limitations:
1. The total of paid leave and actual worked hours in a given week
may not exceed 36 or 40 hours, depending on the Employee’s
normal work schedule.
2. During the first 1,300 contract hours of the assignment (or after
the equivalent number of visits for employees who work on a fee
basis as home healthcare professionals), paid time off may be used
only for sick time, not for personal leave or vacation.
In addition to paid leave, Employee shall be eligible for one (1) week of
unpaid leave during the course of 4,600 contract hours at an Assigned
Client Facility (or after the equivalent number of visits for employees who
work on a fee basis as home healthcare professionals). Unpaid time off is
available after the Employee has worked a total of 1,300 contract hours (or
after the equivalent number of visits for employees who work on a fee
basis as home healthcare professionals).
Avant will pay unused, accrued paid leave to Employees upon Conversion
to an Avant client. Otherwise, upon termination of the Employee’s
employment by Avant, unused, accrued paid leave will be paid to
Employee only if required by State or Federal law.
Salary: Minimum pay rate for all RN’s is $32 per hour¹.
Sign-on Bonuses – if an RN has NCLEX and CGFNS – the higher bonus only is applied
IELTS Bonus - The IELTS bonus is paid to those who have a current IELTS certificate at the time of signing a
contract with Avant. IELTS must be Academic with at least 6.5 overall and minimum of 7.0 in speaking. IELTS
must be valid for at least 15 months from the date of contract signing.
IELTS 300 Bonus – This bonus is for those who schedule and pass the Academic IELTS with a 6.5 overall and 7
in speaking within 120 days from the date of contract signing.
All bonuses are subject to applicable US taxes and paid on completion of 60 days from the start of work at the client site.
Payment of bonuses may be delayed if an HCP is not in “good standing” at the time the bonus is due. “Good standing”
includes, but is not limited to: being in compliance with clinical /patient documentation, demonstrating satisfactory clinical
performance, a 60-day history of submitting timesheets for hours worked on time and being in compliance with all work
related Quality Assurance documentation as required by Joint Commission and Avant clients. In addition, it is expected that
you are in compliance with communication from Avant personnel, responding within 48-72 hours of a request. Avant, in
its sole discretion, will determine whether an HCP is in “good standing.”
¹ This rate is not applicable to the CTP clinical program, PMP remedial training, or other paid training time. If there is a
conflict between the terms of this document and the Employment Agreement, the terms of the Employment Agreement
prevail. The Employment Agreement remains the document that governs the relationship between Avant and the HCP.
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In consideration of your employment with Avant Healthcare Professionals, LLC or one of its subsidiaries
or affiliated entities (the “Company”), your receipt of the compensation and other benefits paid to you
(at the present and in the future), and the mutual promises contained in this Mutual Arbitration
Agreement (“Agreement”), you and the Company (collectively "the Parties") agree as follows:
Any controversy, dispute or claim between you and the Company, or its officers, agents or other
employees, will be settled by binding arbitration, at the request of either party. You and the Company
recognize that the Company operates in several states in interstate commerce. Therefore, it is agreed
that this Agreement and any controversy, dispute or claim under this Agreement are governed by the
Federal Arbitration Act. The laws of the state where the claim arose will also apply to the extent those
laws are not inconsistent with and/or preempted by the Federal Arbitration Act. The arbitrability of any
controversy, dispute or claim under this Agreement will be determined by application of the substantive
provisions of the Federal Arbitration Act (9 U.S.C. sections 1 and 2) and by application of the procedural
provisions of any applicable state arbitration statute. Arbitration will be the exclusive method for
resolving any dispute; provided, however, that either party may request provisional relief from a court of
competent jurisdiction.
The claims which are to be arbitrated under this Agreement include, but are not limited to claims for
wages and other compensation, claims for breach of contract (express or implied), claims for violation of
public policy, wrongful termination, tort claims, claims for unlawful discrimination and/or harassment
(including, but not limited to, race, religious creed, color, national origin, ancestry, physical disability,
mental disability, gender identity or expression, medical condition, marital status, age, pregnancy, sex or
sexual orientation) to the extent allowed by law, and claims for violation of any federal, state, or other
government law, statute regulation, or ordinance.
The Parties agree that this Agreement does not prohibit the filing of the following: (1) a court action for
temporary equitable relief in aid of arbitration, where such an action is otherwise available by law; (2) a
court action seeking injunctive relief related to any restrictive covenants, such as non-competition, non-
solicitation or non-disclosure restrictions; (3) an administrative charge to any federal, state or local equal
opportunity or fair employment practices agency; (4) an administrative charge to the National Labor
Relations Board; (5) an agency charge or complaint necessary to exhaust an administrative remedy; or (6)
any other charge or administrative claim filed with or communication to a federal, state, or local
government office, official or agency.
In addition, the following claims are not covered by this Arbitration Agreement: claims for workers'
compensation or unemployment compensation benefits; and claims that as a matter of law cannot be
subject to arbitration.
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No claims covered by this Agreement may be initiated or maintained on a class action basis, collective
action basis, or representative action basis either in court or arbitration; and any claims covered by this
Agreement must be brought in a party’s individual capacity, and such claim may not be joined or
consolidated in arbitration with claims brought by other individuals. If, for any reason, this waiver of class
actions, collective actions and representative actions is found to be unenforceable or invalid, in whole or
in part, then any such class, collective or representative action claim must be litigated and decided in a
court of competent jurisdiction and not in arbitration. Any issue concerning the enforceability or validity
of this class/collective/representative action waiver must be decided by a court and not by an arbitrator.
The waivers in this section of the Agreement do not apply to any claims based on or arising under the
California Labor Code Private Attorneys General Act of 2004 (“PAGA”). In the event you attempt to
represent other employees pursuant to PAGA, the PAGA claim must be litigated in court. However, the
Parties agree that any court proceeding should be stayed pending the outcome of your individual
arbitration in order to determine whether you are, in fact, aggrieved and thus, whether you have standing
to represent other allegedly aggrieved employees in court.
You and the Company will select an arbitrator by mutual agreement. If you and the Company are unable
to agree upon a neutral arbitrator, either party may elect to obtain a list of arbitrators from the Judicial
Arbitration and Mediation Service (“JAMS”), the American Arbitration Association (“AAA”), or any other
reputable dispute resolution organization. JAMS’ Employment Arbitration Rules & Procedures can be
found at https://www.jamsadr.com/adr-rules-procedures/ and AAA’s Employment Arbitration Rules and
Mediation Procedures can be found at https://adr.org/Rules. If there is any conflict between this
Agreement and the applicable arbitration rules, this Agreement will control.
V. Initiating Arbitration
Any demand for arbitration must be in writing and must be made within the statute of limitations period
provided under applicable state and/or federal law for the particular claim. Failure to make a written
demand within the applicable statutory period constitutes a waiver to raise that claim in any forum.
Arbitration proceedings will be held in the county where you last performed services for the Company.
The arbitrator will apply applicable state and/or federal substantive law to determine issues of liability
and damages regarding all claims to be arbitrated, and will apply the Federal Rules of Evidence to the
proceeding. The parties will be entitled to conduct reasonable discovery and the arbitrator will have the
authority to determine what constitutes reasonable discovery. The arbitrator will hear motions for
summary judgment or partial summary judgment as provided in the Federal Rules of Civil Procedure.
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Within thirty days following the hearing and the submission of the matter to the arbitrator, the arbitrator
will issue a written opinion and award which will be signed and dated. The arbitrator’s award will decide
all issues submitted by the parties, and the arbitrator may not decide any issue not submitted. The
arbitrator will prepare in writing and provide to the parties a decision and award which includes factual
findings and the reasons upon which the decision is based. The arbitrator will be permitted to award only
those remedies in law or equity which are requested by the parties and allowed by law.
The decision of the arbitrator will be binding and conclusive on the parties and cannot be reviewed for
error of law or legal reasoning of any kind. Judgment upon the award rendered by the arbitrator may be
entered in any court having proper jurisdiction.
The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court
proceeding will be borne by the Company. The parties will each bear their own costs and attorney’s fees
in any arbitration proceeding, provided however, that the arbitrator will have the authority to require
either party to pay the costs and attorney’s fees of the other party, when permitted under applicable law.
This Agreement entered into between you and the Company is not a mandatory condition of your
employment with Company. You may opt out of the Agreement and the class/collective/representative
action waiver provision in the Agreement (“Class Action Waiver”) by notifying Company in writing of your
desire to opt out by no later than 30 days from the date when you signed the Arbitration Agreement.
You may opt out by either: (1) sending, within 30 days of the date you sign this Arbitration Agreement,
an email to [email protected], stating your full name per passport and passport ID number, or
the last four digits of your U.S. social security number (if applicable) , and your intent to opt out of the
Arbitration Agreement, or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery
service (e.g, UPS, Federal Express, etc.), or by hand delivery stating your full name per passport and
passport ID number, or the last four digits of your U.S. social security number (if applicable), and your
intent to opt out of the Agreement to:
In order to be effective, the email under option (1) or the letter under option (2) must clearly state your
full name per passport ID, or last four digits of your U.S. social security number (if applicable), your intent
to opt out of the Arbitration Agreement, and must be dated and signed. Under option (2), the envelope
containing the signed letter must be received (if delivered by hand) or post-marked no later than 30 days
from the date when you signed the Arbitration Agreement. Your writing opting out of the Arbitration
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Agreement, whether sent by (1) or (2), will be filed with a copy of this Agreement and maintained by
Company.
Should you not opt out of the Agreement within 30 days of the date when you sign the Arbitration
Agreement, you and the Company shall be bound by all of the terms of the Agreement including without
limitation, being precluded from being a collective action member or class action member in any
collective, representative or class action. You have the right to consult with counsel of your choice
concerning the Agreement and this opportunity to opt-out of the Arbitration Agreement. You will not be
subject to retaliation if you exercise your right to assert claims under the Agreement or opt out of the
Arbitration Agreement.
Both the Company and you understand that by using arbitration to resolve disputes they are giving up any
right that they may have to a judge or jury trial with regard to all issues concerning employment.
No employee or other Company representative may modify this Agreement in any manner nor enter into
any agreement that is contrary to this Agreement unless it is in writing and signed by Avant Healthcare
Professionals CEO or SVP of Operations. If any term, provision, covenant or condition of this Agreement
is held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the
remaining terms and provisions of this Agreement will remain in full force and effect will in no way be
affected, impaired, or invalidated.
I understand and agree that it is my responsibility to read and familiarize myself with all the provisions
of this Agreement. I understand that by agreeing to arbitration, I am waiving the right to a trial by jury
of the matters covered by this Agreement.
I was given a copy of this agreement to read and understand, and I had the opportunity to inquire about
its contents.
I was given an additional 15 days after receiving this Agreement to sign and return it to
[email protected]
_________________________________________
Employee Signature
TIPSY ANTONY
__________________________________________
Full Name (As Printed on your Passport)
6/28/2022
__________________________________________
Date
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THE TYPEWRITTEN OR PRINTED NAME IN THE “AUTHORIZED SIGNATURE” LINE BELOW WILL SERVE TO
BIND AVANT HEALTHCARE PROFESSIONALS, LLC TO UPHOLD ITS OBLIGATIONS UNDER THIS
AGREEMENT.
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