windy city call center, llc employment manualwindy city call center, llc (windy city) and provide...

Windy City Call Center, LLC Employment Manual

Note The content of a manual does not constitute nor should it be construed as a promise of

employment or as a contract between Windy City Call Center, LLC and any of its employees.

Windy City Call Center, LLC, at its option, may modify, suspend, or terminate parts or the policy in its entirety, at any time without prior notice.

Effective May 2012 Windy City, at its option, may modify, suspend or terminate parts or the

policy in its entirety, at any time without prior notice. Any such changes shall Version 2.0 apply to existing as well as future employees.

TABLE OF CONTENTS

1 INTRODUCTION......................................................................................................................... 5

1.1 Welcome ..................................................................................................................... 5

1.2 History ......................................................................................................................... 5

1.3 Changes in Policy ....................................................................................................... 5

2 EMPLOYEE DEFINITION AND STATUS................................................................................ 6

2.1 At-Will Employment..................................................................................................... 6

2.2 Employment Classification .......................................................................................... 6

3 EMPLOYMENT POLICIES ...................................................................................................... 7

3.1 Equal Employment Opportunity .................................................................................. 7

3.2 Diversity ...................................................................................................................... 7

3.3 Immigration Law Compliance...................................................................................... 7

3.4 Employee Background Check..................................................................................... 7

3.5 Criminal Records......................................................................................................... 7

3.6 Personnel Records and Administration ...................................................................... 8

3.7 Change of Personal Data............................................................................................ 8

4 STANDARDS OF CONDUCT.................................................................................................. 9

4.1 General Guidelines ..................................................................................................... 9

4.2 Attendance and Punctuality ........................................................................................ 9

4.3 Absences and Tardiness ............................................................................................ 9

4.4 Attendance Discipline and Procedures .......................................................................10 4.5 Work Schedule ………………………… ......................................................................12

4.6 Nonviolence Policy......................................................................................................12

4.7 Harassment Policy .................................................................................................... 13

4.8 Confidential Information, Non-Disparagement and Nondisclosure........................... 13

4.9 Ethical Standards ...................................................................................................... 14



4.10 Use of Equipment...................................................................................................... 15

4.11 Use of Computer, Phone, Fax Machine and Mail ..................................................... 15

4.12 Use of Internet........................................................................................................... 15

4.13 Use of Computer Software........................................................................................ 15 4.14 Alcohol and Substance Abuse .................................................................................. 16

4.15 Inspection of Windy City Premises ........................................................................... 16

4.16 Personal Property ..................................................................................................... 16

4.17 Gifts ........................................................................................................................... 16

4.18 Complaint Procedure ................................................................................................ 16

4.19 Corrective Procedure ..................................................................................................17 4.20 Crisis Suspension ..................................................................................................... 20

4.21 Outside Employment................................................................................................. 20

4.22 Employment Termination .......................................................................................... 20

4.23 Exit Interview ............................................................................................................. 20

4.24 Return of Windy City Property .................................................................................. 21

4.25 Social Media Policy…………………….…………………………………….…..….........22 4.26 Expense Reimbursement…………………………………………………………………24 4.27 Fraud Policy…………………………………………………………………………………24 4.28 Outage Policy…………….…………………………………………………………………25 4.29 Auto Fail…………………..…………………………………………………………………25

4.30 Employment Verification Policy……………………………………………………………26

5 COMPENSATION POLICIES ................................................................................................ 27

5.1 Timekeeping Procedures .......................................................................................... 27

5.2 Overtime Pay ............................................................................................................ 27

5.3 Payroll and Paydays ................................................................................................. 27

5.4 Performance and Wage Reviews ............................................................................. 27



5.5 Opportunities for Advancement—Progression and Promotion ................................. 28

6 BENEFITS SUMMARIES AND ELIGIBILITY........................................................................ 29

6.1 Worker’s Compensation............................................................................................ 29

6.2 Unemployment Compensation.................................................................................. 29

6.3 Social Security .......................................................................................................... 29

6.4 Training and Professional Development ................................................................... 29

7 TIME-OFF BENEFITS............................................................................................................ 24

7.1 Vacation Time ........................................................................................................... 30

7.2 Sick Days .................................................................................................................. 30

7.3 Bereavement Leave .................................................................................................. 30

7.4 Jury Duty ................................................................................................................... 30

7.5 Military Reserves or National Guard Leaves of Absence ......................................... 30

7.6 Family and Medical Leave ........................................................................................ 30

7.7 Extended Leaves of Absence ................................................................................... 31

7.8 Uniformed Services Employment and Reemployment ............................................. 31

7.9 Personal Leaves of Absence .................................................................................... 31

8 EMPLOYEE COMMUNICATIONS ........................................................................................ 32

8.1 Open Communication ............................................................................................... 32

8.2 Staff Meetings ........................................................................................................... 32

8.3 Suggestions .............................................................................................................. 32

8.4 Closing Statement..................................................................................................... 32

9 FRAUD POLICY AGREEMENT……………………..…………………………………………… 33

10 ACKNOWLEDGMENT........................................................................................................... 34

11 REFERENCE RELEASE WAIVER AUTHORIZATION......................................................... 35

12 EMPLOYEE INVENTION AND CONFIDENTIAL INFORMATION .................................. 36 - 37



1 INTRODUCTION

This Employment Manual has been developed in order to familiarize employees with Windy City Call Center, LLC (Windy City) and provide information about working conditions, key policies, procedures, and benefits affecting employment at Windy City. Should any provision of this Employment Manual be found to be unenforceable or invalid, such finding does not invalidate the entire Manual, but only the subject provision.

1.1 Welcome

Welcome to Windy City! We are happy to have you as a new member of our family!

The mission of Windy City is to serve the best interests of our advertisers, network publishers, consumers, and employees by treating everyone with the highest level of regard so that the marketplace views Windy City as a highly ethical company which provides the best service and greatest value for their marketing dollars. Windy City believes in individual accountability, encourages business acumen and ethos and is focused on taking this medium to the next level.

1.2 History

We are experienced and savvy online marketing professionals whose three principals were active in the industry from the start of the Internet marketing phenomenon through the dot.com stock market implosion. We are now helping to define the unstoppable reemergence of the industry. We are a marketing channel that commands the attention and advertising dollars of even the most cyber-averse blue-chip dinosaurs.

1.3 Changes in Policy

This Employment Manual replaces all other previous employee manuals and verbal or written statements of employment practices, policies and benefits of Windy City.

While every effort is made to keep the contents of this document current, Windy City reserves the right to modify, suspend, or terminate any of the policies, procedures, and/or benefits described in the manual with or without prior notice to employees.



2 EMPLOYEE DEFINITION AND STATUS

An “employee” of Windy City is a person who regularly works for Windy City on a wage or salary basis.

2.1 At-Will Employment

Employment at Windy City is on at “at-will” basis and is for no definite period and may, regardless of the date or method of payment of wages or salary, be terminated at any time with or without cause by either party. Other than Jack Goldberg and Damien Kalck (Windy City’s Principals), no supervisor, manager or other person, irrespective of title or position, has authority to alter the at-will status of your employment or to enter into any employment contract with you for a definite period of time. Any agreement with you altering your at-will employment status must be in writing and signed by a Principal of Windy City.

2.2 Employment Classification

For purposes of the Fair Labor Standards Act (the “FLSA”), employees of Windy City are classified as either “exempt” or “non-exempt.” This categorization is made for the purpose of determining those employees who are subject to the minimum wage and overtime pay provisions of the FLSA. Exempt employees generally include professional, executive and administrative salaried employees. Exempt employees are not subject to the minimum wage and overtime pay provisions of the FLSA. Non-Exempt employees generally include all other employees. Non-exempt

employees are subject to the minimum wage and overtime pay provisions of the FLSA. The overtime pay provisions of the FLSA currently provide overtime pay at 1-1/2 times an employee’s regular rate of pay for hours worked in excess of 40 hours in any workweek as defined in the FLSA. “Hours worked”, as used in the previous sentence, consists of actual hours spent working; “Hours worked” excludes non-paid sick, vacation or personal time. Part-Time employees Generally, employees who consistently work less than forty (40) hours per week are considered by the Windy City to be regular part-time employees. Part-time hours vary by individual and your manager/supervisor will assign hours based on department needs and budget considerations. Part-time employees are paid for hours worked, not on a salaried basis and are considered “Non-Exempt”.



3 EMPLOYMENT POLICIES

3.1 Equal Employment Opportunity

Windy City is an equal employment opportunity employer. Employment decisions are based on merit and business needs, and not on race, color, citizenship status, national origin, ancestry, gender, sexual orientation, age, weight, religion, creed, physical or mental disability, marital status, veteran status, political affiliation, or any other factor protected by law.

3.2 Diversity

Windy City encourages diverse points of view and the opportunity for our employees to fully utilize their ideas and talents, which contribute to the achievement of Windy City goals. The success of Windy City depends on the success of each employee. We value and celebrate our differences.

We are committed to:

Respecting differences in life experiences, cultural backgrounds, work and lifestyles that add value to our business

Recognizing and responding to employees’ needs for work/life balance while accomplishing business objectives

Serving the best interests of our clients, consumers, media publishers, and employees and treating them with the highest level of regard.

3.3 Immigration Law Compliance

All offers of employment are contingent on verification of the candidate’s identity and right to work in the United States. As required by federal law, on the first day of work, every new employee will be asked to provide original documents verifying his or her identity and right to work by completing and signing Form I-9, Employment Eligibility Verification Form.

3.4 Employee Background Check

Prior to making an offer of employment, Windy City may conduct a job-related background check. A comprehensive background check may consist of prior employment verification, professional reference checks, education confirmation and, in some instances, a credit check.

3.5 Criminal Records

When appropriate, a criminal record check is performed to protect Windy City’s interest and that of its employees and clients.



3.6 Personnel Records and Administration

All personnel files at Windy City will be kept confidential subject to legal and regulatory requirements to which Windy City is subject.

3.7 Change of Personal Data

Any change in an employee’s name, address, telephone number, marital status, dependents, or insurance beneficiaries, or a change in the number of tax withholding exemptions, needs to be reported in writing without delay to Windy City. It is the employee’s responsibility to report changes to Windy City.



4 STANDARDS OF CONDUCT

4.1 General Guidelines

All employees are urged to become familiar with Windy City rules and standards of conduct and are expected to follow these rules and standards faithfully in doing their own jobs and conducting Windy City’s business.

4.2 Attendance and Punctuality

Windy City Call Center is a service company, providing important and valuable products and services to people. In order to accomplish this mission, it is imperative that every employee be present when scheduled to fulfill customer expectations.

The Company provides its employees with sufficient vacation, holiday and sick days throughout the year. Vacation and holidays must be scheduled with one’s supervisor in advance (at least 48 hours for one or two days; two weeks’ notice for three or more consecutive days). Only sick days (where available) may be used in the case of emergency or sudden illness without prior scheduling.

This policy details how absences and tardiness are counted for the purposes of maintaining excellent customer service throughout the business day.

FAMILY AND MEDICAL LEAVE ACT

Absences due to illnesses or injuries which qualify under the Family and Medical Leave Act (FMLA) will not be counted against an employee’s attendance record. Medical documentation within the guidelines of the FMLA may be required in these instances.

4.3 Absences and Tardiness

From time to time, it may be necessary for an employee to be late or absent from work. Windy City is aware that such situations may arise as a result of emergencies, illnesses, or pressing personal business that cannot be scheduled outside work hours. It is the responsibility of an employee to contact the employee’s direct supervisor as soon as possible and at least one (1) hour prior to the start of the shift if he or she will be absent or late that day.

Prescheduled times away from work using accrued vacation, holiday, flex or PTO (where available) days are not considered occurrences for the purpose of this policy.

An absence occurs when an employee misses more than three (3) hours of work within a normal workday.

An absence of multiple days due to the same illness, injury or other incident will be counted as one occurrence for the purpose of this policy.

Arrival and departure times will be determined by the time on the time recording system by each manager. An employee is considered late if he or she reports to work more than five



minutes after the schedules starting time; an early departure is one in which the employee leaves before the scheduled end of his or her shift.

If an employee is scheduled to work overtime and either fails to report or reports after the scheduled start time, an occurrence will be charged as noted above.

4.4 STEP DISCIPLINE

Absences and tardiness or early departure will be counted together, but are assigned different levels of severity. Absences are each considered one occurrence; tardiness/early departure are each one-half an occurrence.

Occurrences are counted in a rolling twelve month period. Occurrences expire twelve months from the date of the incident.

STEP ONE

Six occurrences (absences and tardies combined) in any twelve month

period will be the basis for a coaching discussion between the

employee and direct supervisor. The purpose of the coaching session

is to make the employee aware that he/she has been absent or tardy

frequently enough to draw attention and to be certain that the

employee understands this policy and the consequences of violation.

The coaching session will be documented to the employee’s personnel

file.

STEP TWO

Any additional unscheduled absence or tardiness in the same twelve

month period is cause for a verbal warning with documentation to the

employee’s file. The verbal warning, delivered by the employee’s

direct supervisor, serves to notify the employee that he/she is in

violation of this company policy and that additional occurrences will

result in further disciplinary action.

STEP THREE

The next unscheduled absence or tardiness to the above in the same

twelve month period will trigger a written warning putting the employee

on formal notice of violation as mentioned above.

STEP FOUR

An additional unscheduled absence or tardiness to the above in the

same twelve month period is cause for a final written warning. This is

considered the final step in the disciplinary process regarding

attendance and punctuality.

STEP FIVE (FINAL)

An additional unscheduled absence or tardy to the above steps in the

same twelve month period is cause for termination of employment.



UNSCHEDULED ABSENSE - NO CALL/NO SHOW

Not reporting to work and not calling to report the absence is a no call/no show and is a serious matter. The first instance of a no call/no show will result in a final written warning. The second separate offense may result in termination of employment with no additional disciplinary steps. Any no call/no show lasting two days is considered job abandonment and will result in immediate termination of employment.

If the employee has already begun the step discipline process for attendance/punctuality when a no call/no show occurs, the disciplinary process may be accelerated to the final step.

Management may consider extenuating circumstances when determining discipline for a no call/no show (for instance, if the employee is in a serious accident and is hospitalized) and has the right to exercise discretion in such cases.

PROCEDURES

No disciplinary actions will be taken without the direct involvement of the Human Resources Department as counsel to management. All warnings will be delivered by the direct supervisor, manager, or Human Resources as circumstances require.

Management reserves the right to use its discretion in applying this policy under special or unique circumstances.

Although occurrences will roll off an employee’s record after twelve months, habitual offenders (those who have established a pattern of absences, such as consistently having six or more occurrences in any given twelve-month period or routinely calling off on Mondays and/or Fridays) may trigger step discipline even though twelve-month old infractions have fallen off, if he or she continues to incur occurrences.

Management reserves the right to amend or discontinue this policy at any time without notice.

STEP DISCIPLINE – UNSCHEDULES ABSENCES OR TARDIES IN A ROLLING TWELVE MONTH PERIOD

6th OCCURRENCE TOTAL COACHING SESSION DOCUMENTED TO FILE

7th ABSENCE OR TARDY VERBAL WARNING DOCUMENTED TO FILE

8th ABSENCE OR TARDY WRITTEN WARNING TO FILE

9th ABSENCE OR TARDY TERMINATION OF EMPLOYMENT



4.5 Work Schedule

Unless otherwise specified, Non-Exempt employees’ hours cannot exceed 40 hours per workweek. Non-exempt employees who work over 40 hours per workweek are paid at one and one-half times their standard hourly rate of pay for hours worked over 40 hours. Overtime must be approved by an employee’s manager in advance and in writing. “Hours worked”, as used herein, consists of actual hours spent working; “Hours worked” excludes non-paid sick, vacation or personal time

4.6 Nonviolence Policy

Windy City has a zero tolerance policy with respect to violence in the work environment. Any employee found to have engaged in violent conduct, or who condones such action on the part of subordinates, will be subject to appropriate disciplinary action up to and including immediate termination of employment. An employee may also be subject to individual criminal and civil liability and penalties for violent acts.



4.7 Harassment Policy

Windy City does not tolerate sexual harassment in the work environment. Under federal law and regulations, sexual harassment may include unwelcome sexual advances, requests for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when (1) submission to such conduct is made a term of one’s employment or (2) submission to or rejection of such conduct is used as a basis for employment decisions or (3) such conduct creates or is intended to create an offensive, hostile, and intimidating working environment and prevents an individual from effectively performing the duties of his or her position.

Other forms of harassment are also prohibited by this policy. Such harassment may include harassment based upon a person’s race, national origin, religion, age or disability.

Due to the nature of Windy City’s call center business in which employees contact prospective leads via telephone, Windy City’s harassment policy extends to all interactions with individuals contacted by our employees via telephone. Since members of the Windy City Quality Assurance periodically conduct live monitoring of time spent before, during and after calls, Windy City’s harassment policy applies equally to time spent between calls. There is a zero tolerance policy with respect to harassment for employee conversations with any prospective lead and for employee communications with other employees, including Windy City’s Quality Assurance team. It is imperative that our employees conduct their daily calling tasks, including time between calls, in a professional and cordial manner. By way of example and without limitation, Windy City strictly prohibits using the following language prior to, during or following calls with prospective leads: crude language, seeking personal information regarding marital or relationship status, discussing religion, inquiring about financial status, any discussions regarding political viewpoints, immigration laws, details about your personal life and/or initiating or participating in any discussion which could be perceived as offensive, upsetting, personal, intrusive or inappropriate. An employee’s harassment of customers, prospective leads or other Windy City employees is prohibited by this policy and is outside the scope of an employee’s employment. Harassment is defined but not limited to the use of profanity, harsh language and threats or using a rude tone of voice. Harassment not only subjects an employee to disciplinary action including termination of employment but also subjects the employee to potential personal civil and/or criminal liability.

Any complaint of harassment should be promptly reported to the employee’s supervisor or a Principal of Windy City. Windy City expressly prohibits any form of retaliatory action against any employee who submits such a complaint.

Any employee found to have engaged in harassment in the workplace or retaliation for a complaint of harassment in the workplace will be subject to appropriate disciplinary action up to and including immediate termination of employment.

4.8 Confidential Information, Non-Disparagement and Nondisclosure

Employee acknowledges that Windy City has expended substantial costs and efforts to gain Windy City’s relationships with Windy City’s customers and data providers. During the course of Employee’s employment with Windy City, Employee will have access to Confidential Information, as defined below. Notwithstanding any term to the contrary contained in Section 11 of this Employment Manual, the following section shall apply to every current employee and every employee whose employment has been terminated.



“Confidential Information” as used herein means: (1) Windy City’s historical and current quotes for services provided to actual or potential customers; (2) all information related to Windy City’s pricing and pricing methodologies; (3) all information relating to Windy City’s customer lists, including actual or potential clients; (4) financial information about Windy City’s suppliers and customers; (5) Windy City’s business plans and sales strategies including upcoming product and service releases, research and development and future marketing; (6) all financial information relating to Windy City, including but not limited to Windy City costs, purchasing, balance sheets, income statements, cash flow statements, number of products or services sold, profits and sales; (8) the number of employees employed by Windy City or by its customers; (9) any other Trade Secret as defined by either Illinois or federal laws; (10) proprietary Windy City processes of a technical nature such as but not limited to methods, know-how, formulae, compositions, processes, discoveries, machines, inventions, computer programs, and similar items or research projects; and (11) any other information which is identified to the employee either orally or in writing as being Confidential Information.

Windy City employees are prohibited from making any public statements, or engaging in any conduct, that is disparaging, unfounded, or derogatory to Windy City, Windy City’s officers, directors, owners, or managers, including, but not limited to, any statement that disparages the products, policies, services, finances, financial condition, Confidential Information, capabilities or other aspect of the business of Windy City, Windy City’s customers or Windy City’s competitors.

Windy City employees are prohibited from directly or indirectly disclosing, discussing, disseminating, or being the source of or otherwise publishing or communicating in any manner to any person or entity any Confidential Information concerning the personal, social or business activities of Windy City, its affiliates or the executives, principals, officers, directors, agents and employees of all of the foregoing during or at any time after the termination of the employee’s employment. In addition, the employee agrees that without Windy City's express written approval in each case, the employee will not:

(i) write, be the source of or contribute to any articles, Internet blogs or comments or posts, text messages, tweets, pictures, videos, books, screenplays or any other communication or publicity of any kind (written or otherwise) or deliver lectures in any way regarding or concerning the Confidential Information,

or

(ii) grant any interviews regarding or concerning the Confidential Information during or within two (2) years after the termination of his employment.

If any employee discloses any Confidential Information or violates the employee’s obligations described herein, Windy City will be seriously damaged and irreparably harmed in an amount which may be difficult to calculate with certainty. Windy City may seek any and all legal remedies against any such current or former employee available to Windy City in the event of a violation of this Section 4.8, including without limitation injunctive relief and money damages.

4.9 Ethical Standards

Windy City insists on the highest ethical standards in conducting its business. Doing the right thing and acting with honesty and integrity are the two driving forces behind Windy City LLC’s great success story. When faced with ethical issues, employees are expected to make the right professional decision consistent with Windy City’s principles and standards.



4.10 Use of Equipment

When appropriate, Windy City will provide employees with the equipment needed to do their job. None of this equipment should be used for personal use or removed from the physical confines of the work environment—unless it is approved for a job that specifically requires use of Windy City equipment outside the work environment.

4.11 Use of Computer, Phone, Fax Machine, Mail and Conducting

Personal Business During Work Hours

Windy City’s property, including computers, phones, fax machines, electronic mail, and voice mail, should be used only for conducting Windy City business. Incidental and occasional personal use of Windy City computers, phones, or electronic mail and voice mail systems is permitted, but information and messages stored in these systems will be treated no differently from other business-related information and such messages are the property of Windy City. Windy City has the right to monitor telephone records of employees to audit business calls made on behalf of Windy City, and employees agree to provide such telephone records upon request of Windy City. Windy City supervisors, quality assurance and training specialists periodically monitor calls, including time before and after calls, wrap-up time, disposition time and voicemail time for accuracy and training purposes.

During telephone calls to or from prospective leads, wrap-up time, disposition time, and ready voicemail time (collectively, “Work Time”), call center agents are required to be working. Call center agents are specifically prohibited from performing non-work activities, including but not limited to the following: emailing, chatting in internet chat rooms (including the Windy City Chat Room), blogging, posting, updating social media pages, twittering, texting, uploading or downloading photos or videos or media, playing video games, reading non-work-related materials, or attending to any other personal business (“Personal Business”) during Work Time. During non-Work Time, such as time spent in the dialer and waiting for the next call, call center agents may conduct or perform Personal Business as long as the call center agent’s Personal Business does not interfere with Work Time or the call center agent’s performance of the essential duties of the call center agent’s position with Windy City.

4.12 Use of Internet

During work hours, employees are responsible for using the Internet in a manner that is ethical and lawful. Use of the Internet during work hours is intended solely for business purposes, and occasional personal internet use must not interfere with employee productivity. All online activities are subject to monitoring, and employees should not expect privacy regarding such use.

4.13 Use of Computer Software

Windy City does not condone the illegal duplication of software. The copyright law is clear. The copyright holder is given certain exclusive rights, including the right to make and distribute copies. Title 17 of the U.S. Code states that “it is illegal to make or distribute copies of copyrighted material without authorization” (Section 106). The only exception is the user’s right to make a backup copy for archival purposes (Section 117)



4.14 Alcohol and Substance Abuse

The ability to think on one’s feet, coherently speak with callers and co-workers, make quick and sound decisions, and to quickly wrap-up calls and return to the dialer are essential functions of the call center agent position. Windy City employees cannot perform the essential functions of their position with impaired speech, coordination, reaction time, emotional stability, memory or judgment (collectively, “Impairments”). Windy City, therefore, prohibits all employees from working while under the influence of drugs, alcohol or sedating prescription medicine creating such Impairments. Employees found to be under the influence of such drugs, alcohol or sedating medicine creating such Impairments during work hours may be disciplined up to and including immediate termination of employment. Questions about this policy should directed to the employee’s supervisor or to one of Windy City’s Principals.

4.15 Inspection of Windy City Premises

In order to safeguard the workplace and our employees and to assure efficiency and maximize productivity, with respect to employees who work on Windy City premises, Windy City reserves the right, in its sole discretion and without notice to employees, to inspect, monitor or otherwise enter or search any office, desk, file, locker, closet or any other enclosed or open area on Windy City premises and Windy City job sites (where permitted to do so) and to monitor or inspect any items found within such locations.

4.16 Personal Property

With respect to employees who work on Windy City premises, Windy City accepts no responsibility for personal property that may be brought to or stored on Windy City premises, and such property may be inspected or monitored in the ordinary course of conducting business. Accordingly, you should not keep or maintain any personal property or information on Windy City premises that you expect to be kept private and confidential. In this connection, it should be noted that all Windy City offices, desks, paper files, electronic/computer files, closets and so forth, are the property of Windy City, and Windy City reserves to right to inspect any packages, parcels, handbags, briefcases, or any other possessions or articles carried to and from Windy City premises and Windy City job sites (where permitted to do so).

4.17 Gifts

Advance written approval from management is required before an employee may accept or solicit a gift of any kind from a client. Employees are not permitted to give unauthorized gifts to clients or employees of clients.

4.18 Complaint Procedure

Employees who have a job-related issue, question, or complaint should first discuss it with their immediate supervisor. If the issue cannot be resolved at this level, Windy City encourages employees to contact one of the Principals of Windy City. Employees who observe, learn of, or, in good faith, suspect a violation of the Standards of Conduct of Windy City should immediately report the violation to his or her direct supervisor or a Manager of Windy City.



4.19 Corrective Action Policy and Procedure

Corrective Action

Purpose

Windy City Call Center recognizes that situations may occur which require appropriate

corrective action leading to improvement of an employee’s job performance and/or conduct

or, if appropriate, termination.

Policy

Corrective action shall occur, as appropriate

Performance Evaluation,

Corrective Action, and/or

Separation from Employment.

Windy City Call Center commonly accepted procedures for corrective action are outlined

below.

1) If corrective action fails to result in satisfactory progress, the employee shall be

considered for separation from employment. The Human Resources Department along with

management shall review and approve the termination.

2) The normal progression of corrective action incorporates a(n)

Verbal Warning – Supervisor conducts meeting

Written Warning – Supervisor conducts meeting

Final Written – meeting participants supervisor, HR and Call Center Director

Suspension, and/or Termination from employment –meeting participants: supervisor, HR,

and Director Call Center

3) If an employee’s misconduct or job-related misconduct is severe and/or repetitive, a step

or steps in the process may be skipped or combined. It is recommended that skipping or

combining a step or steps be reviewed with Human Resources.

During the new hire orientation period stronger corrective action may be appropriate.

Process

The supervisor is responsible for applying corrective action as necessary for an employee.

Human Resources should be contacted for advice and review appropriate of corrective

action.



Note: The supervisor shall notify the employee of the failure to meet performance

requirements, or a violation of Windy City Call Center or departmental policies or rules and

is responsible for consulting with management to ensure that they are in agreement

regarding corrective action.

Verbal Warning

1) The first notification of a specific problem may be oral.

2) The corrective action shall be delivered as soon as possible after the occurrence which

initiated the action.

3) Documentation of the warning should include

The time and date of the warning;

The specific violations or work performance problems that resulted in the oral warning;

The date of the incident, if applicable;

The action to be taken to correct the problem(s); and

The consequences of failure to correct the problem(s) or additional violations of company

rules or policies.

It is advisable to make a written record of the oral warning for documentation purposes.

Note: As a general rule, if an employee does not give reason for further corrective action

for a period of six months from the date of the corrective action, future corrective action

would again be made orally.

Written Warning

1) In a case where acceptable progress toward correcting a problem has not been made, or

in a case where the misconduct or job-related conduct is severe, a written warning is

generally the next step in the corrective action process.

2) Documentation of the warning shall include


The specific violations or work performance problems that resulted in the written warning;



The consequences of failure to correct the problem(s) or additional violations of the

company rules or policies.



Final Written

1) Final Written is generally the next step in the corrective action process if an offense is not

serious enough to warrant suspension or termination, or if progressive corrective action has

not been successful.

2) Final Written shall not normally be greater than 10 – 15 calendar days.

3) Documentation of the final written shall include


The dates of the period;

The specific violations or work performance problems that resulted in the probation;





4) At any point during the final written warning, if the employee is not improving or commits

another offense(s), additional corrective action may be taken.

5) At the end of final written warning, a written statement should be completed advising the

employee of satisfactory performance and removal from probation.

6) If a leave is authorized for more than one week during the final written warning, the

warning will be adjusted by that length of time.

Note: Supervisors are encouraged to meet regularly with an employee during the corrective

action period and to discuss and document the employee's progress or lack of progress

toward improvement or correction of the stated problem(s).

Suspension

1) Suspension is generally a corrective action process if an offense is not serious enough to

warrant termination from employment.

2) Suspension is without pay, is generally for a period of one to five working days.

3) In many cases of suspension, Employee Relations shall be notified as soon as possible.

Note: The length of suspension is typically dependent upon the nature and severity of the

infraction or violation.

4) In most cases of suspension they are due to a pending investigation, the suspension may

be of undetermined length depending upon the complexity of the case and the involvement

of others. Once the final decision is made on the appropriate level of corrective action, if

any, appropriate documentation will be completed.



5) Documentation of the suspension shall include


The date(s) of suspension;

The specific violations or work performance problems that resulted in the suspension;





Recommendation for Termination of Employment

The last and most serious step in the progressive discipline procedure is a recommendation to terminate employment. Generally, the company will try to exercise the progressive nature of this policy by first providing warnings, final written warning and/or suspension from the workplace before proceeding to a recommendation to terminate employment. However, the company reserves the right to combine and skip steps depending upon the circumstances of each situation and the nature of the offense. Furthermore, employees may be terminated without prior notice or disciplinary action.

Management’s recommendation to terminate employment must be approved by HR and call center director or designate. Final approval may be required from the CEO or designate.

4.20 Crisis Suspension

An employee who commits any serious violation of Windy City policies at minimum may be suspended without pay pending an investigation of the situation. Following the investigation, the employee may be terminated without any previous disciplinary action having been taken.

4.21 Outside Employment

Employees may not take an outside job, either for pay or as a donation of their personal time, with a customer or competitor of Windy City.

4.22 Employment Termination

If management determines that an employee’s performance is unsatisfactory or if the employee violates the Windy City policies, rules, or standards of conduct, employment with Windy City may be terminated.

4.23 Exit Interview

Absent exigent circumstances, Windy City expects a two (2) week written notice upon a voluntary termination of employment by an employee. In a voluntary separation situation,



Windy City management would like to conduct an exit interview to discuss the employee’s reasons for leaving and any other impressions that the employee may have about Windy City.

4.24 Return of Windy City Property

Any Windy City property issued to employees, such as headset, computer equipment, phone, fax machine, Windy City documents, keys, or Windy City credit card, must be returned to Windy City at the time of employment termination. Employees will be responsible for any lost or damaged items or for items not returned within five (5) days of the employee’s last date of work.



4.25 Social Media Policy

Introduction. Windy City is in the business of handling incoming and outgoing informational telephone calls with potential students (Leads) who have requested information on certain schools (Windy City Customers). Windy City’s relationship with its Customers is of utmost importance, and Windy City must protect the reputation of Windy City and of its Customers. Windy City recognizes the importance of the Internet in shaping public thinking about Windy City, its current and potential products, employees, partners, and Customers. Windy City also recognizes the importance of employees joining in and helping shape industry conversation and direction through interaction in social media. Windy City, therefore, has developed the following Social Media Policy to help empower employees to participate in online social media in a responsible manner, being mindful of Windy City’s goals and values. The Social Media Policy also protects the privacy, confidentiality, and interests of Windy City and its Customers, Leads and competitors. This Policy is in no way meant to attempt to stifle employees’ social voice and is not intended to violate employees’ rights under the National Labor Relations Act.

Application of Policy. This Social Media Policy applies to employees who use social media platforms, including but not limited to the following: social networking sites (Facebook, Myspace, Foursquare, Linkedin); micro-blogging sites (Twitter); blogs (including Windy City and personal blogs as well as comments); video and photo sharing websites (Flickr, SlideShare, YouTube); forums and discussion boards (Windy City Chat Room, Google Groups, Yahoo! Groups); and online encyclopedias (Wikipedia, Sidewiki). Use of any of the above online media platforms will be referred to as “Posting.” Documents, pictures, video and any other data used by you in your Posting will be referred to as “Posts”. This policy applies to your Posts on both Windy City sponsored sites (the Windy City Chat Room) and personal sites as it relates to Windy City. Windy City’s Social Media Policy does not apply to employees’ personal Posting which does not involve or reference Windy City or Windy City-related issues.

Your Posts may be seen by the public for a very long time. Your Posts should be presumed to be publicly available to anyone, even if you have created a private account. It is possible to use privacy controls online to limit access to sensitive information, but such controls are only a deterrent and do not provide absolute insulation from your Posts being shared with the general public. Despite your intent to keep them private, your Posts may be visible to Windy City Customers and Leads, co-workers, supervisors, friends and associates for a long time. You should consider the content of your Posts carefully before Posting because what you Post now could harm your relationship with Windy City, Windy City’s Customers and Leads, and your future employer(s).

Your Personal Responsibility and Liability for Content of Your Posts. You are personally and legally responsible for the content of your Posts. You can be held personally liable for any commentary deemed to be defamatory, obscene, proprietary, harassing or libelous. The same values and employment policies that apply to Windy City employees’ everyday conduct also apply to your Posts. Violation of Windy City’s Social Media Policy may result in disciplinary action, up to and including termination of your employment. In addition to disciplinary action from Windy City, outside parties can pursue legal action against you individually for your Postings.

Prohibitions and Guidelines: (1) You are prohibited from communications in your Posts that violate Windy City’s harassment or offensive behavior policies described in Section 4.7;



(2) You are prohibited from Posting any of Windy City’s Confidential Information as described in Sections 4.8 and 11; (3) You are prohibited from disparaging Windy City, its employees and officers, Windy City’s Customers and Leads, and Windy City’s competitors in your Posts pursuant to Section 4.8; (4) You are prohibited from using the Windy City logo, symbol, trademark or any other proprietary insignia in your Posts without first obtaining the express written consent of Windy City; (5) You are prohibited from speaking on behalf of Windy City or representing that you are authorized to speak on behalf of Windy City unless you first obtain the express written consent of Windy City; (6) You are prohibited from selling any product or service through your Posts that competes with any the products or services sold by Windy City or its affiliates without first obtaining the express written consent from the President of Windy City. This includes, but is not limited to training, books, products, and freelance writing; and (7) You are prohibited from discussing Windy City products, policies, services, or any Confidential Information (described in Section 4.8) with the media. Please refer such inquiries to your manager or to a Windy City Principal.

Guidelines regarding your Posts on the Windy City Chat Room(s): Employees

are prohibited from Posting on the Windy City Chat Room during Work Time (during telephone calls to or from prospective leads, wrap-up time, disposition time, and ready voicemail time). Employees are prohibited from Posting offensive, disparaging, and harassing comments on the Windy City Chat Room. (See Section 4.7 for examples of language which will not be tolerated). Windy City may request that you avoid certain subjects or withdraw certain Posts if Windy City believes that doing so will help ensure a positive work environment. Windy City reserves the right to remove any posted comment in a Windy City Chat Room that Windy City, in its sole discretion, determines to be inappropriate.

Guidelines regarding your personal Posts: Avoid mentioning the name Windy

City or that you are an employee of Windy City. If your personal Post unintentionally mentions Windy City and/or any Confidential Information (described in Section 4.8), let your manager know that this occurred. To the extent that the information contained in your Posts is publicly accessible, your manager may choose to review your Posts from time to time. If you unintentionally mention Windy City in your Post, you must disclose that the views expressed in your Post are yours alone and do not represent the views of Windy City. If you unintentionally mention Windy City in your Post, speak knowledgeably, accurately and respectfully about Windy City and Windy City’s current and potential and former employees, Customers, Leads, partners, and competitors. Do not engage in name calling or behavior that will reflect negatively on Windy City’s reputation. Please bear in mind that, although you and we view your Post as a personal project and a medium of personal expression, some readers may nonetheless view you as a de facto spokesperson for Windy City, and your Posts can inadvertently result in members of the public forming opinions about Windy City and its Leads and Customers. Honor the privacy rights of our current employees by seeking their permission before writing about or displaying internal Windy City happenings that might be considered to be a breach of their privacy and confidentiality.

Additional personal Post guidelines: Never discuss a product or organization in

your Post in exchange for cash. If you receive a product or service to review for free, you must disclose it in your Post. Avoid making obscene, offensive, unprofessional and disrespectful remarks in your Posts. If you are sharing a negative experience about any company or individual, do so in a constructive way. All copyright, privacy and other laws



apply to your Posts. If someone responds to something you Posted, you should be responsive and follow up within 24 hours. If you Post something in error, update your Post with the correct information.

If You Have Questions. If you have any question or doubts of any kind about the appropriate content of any of your Posts (whether personal or Windy City Chat Room), speak with your manager. Please be mindful that if you violate Windy City’s Social Media Policy: (a) you may cause problems for Windy City and its Customers and Leads; (b) your actions may negatively impact your co-workers’ morale; (c) you may create unwanted problems for your future employment; (d) your employment may be terminated; and (e) depending on the nature and severity of the offense, Windy City may seek legal and equitable remedies against you including injunctive relief and money damages.

4.26 Expense Reimbursement

Without first obtaining the express written permission of their supervisor, Call Center Telephone Agents are not eligible for reimbursement for any out-of-pocket expenses. Call Center managers and quality assurance supervisors may, in certain instances, be eligible for reimbursement of certain out-of-pocket expenses that have been pre- approved in writing. Employees incurring such pre-approved business related expenses must submit an Expense Report to Windy City’s Human Resources and Payroll Manager on or before the earlier of: (i) 30 days after the expenditure or 30 days after issuance of the bill, invoice or receipt of the expenditure or no reimbursement will be made.

4.27 Fraud Policy

Background

The fraud policy is established to facilitate the development of controls that will aid in the detection and prevention of fraud against Windy City Call Center. It is the intent of Windy City Call Center to promote consistent organizational behavior by providing guidelines and assigning responsibility for the development of controls and conduct of investigations.

Scope of Policy

This policy applies to any irregularity, or suspected irregularity involving employees as well as consultants, temporary employees, contractors, vendors, outside agencies doing business with employees of such agencies, and/or any other parties with a business relationship with Windy City Call Center.

Policy

Management is responsible for the detection and prevention of fraud, misappropriations, and other irregularities. Fraud is defined as the intentional, false representation or concealment of a material fact for the purpose of inducing another to act upon it to his or her injury. Each member of the management team will be familiar with the types of improprieties that might occur within his or her area of responsibility, and be alert for any indication of irregularity.

Any irregularity that is detected or suspected must be reported immediately to the Manager of Human Resource, who coordinates all investigations with the Legal Department and other affected areas, both internal and external.



Actions constituting Fraud

The Terms defalcation, misappropriation, and other fiscal irregularities refer to, but are not limited to:

Any dishonest or fraudulent act

Disclosing confidential and proprietary information to outside parties

Destruction or inappropriate use of records, equipment and/or

Any similar or related irregularity

Intentionally disposition call incorrectly

Hanging up on customers or clients

Having another person cover their schedule or acting as them during calls

Outbound voicemail calls that are not wrapped up/disposition within an appropriate time frame

Excessive wrap-up time

Other Irregularities

Irregularities concerning an employee’s moral, ethical, or behavioral conduct should be

resolved by departmental management and the Human Resources manager.

Investigation Responsibilities

The management team has the primary responsibility for the investigation of all suspected fraudulent acts as defined in the policy. If the investigation substantiates that fraudulent activities have occurred, the manager will issue reports to appropriate designated personnel and, if appropriate, to the Senior Management Team.

Termination

If an investigation results in a recommendation to terminate an individual, the recommendation will be reviewed for approval by the Human Resources Manager and, if necessary, by outside counsel, before any such action is taken. The decision to terminate an employee is made by the management team.

4.28 Internal Company System Outage Policy

It is the policy of the Windy City Call Center to provide compensation for time worked during a system outage or event. Scheduled employees will receive a minimum of one hour compensation at the straight-time rate of pay. Scheduled employees should remain active for one hour. If the system is down beyond an hour management will notify employees of the need for coverage. Communication will be made via email from management once the systems have been restored. If available we will request you return to your remaining work schedule.

4.29 Auto Fail Policy

It is this Company’s policy that employees maintain a performance level that achieves a certain level of standards. This policy identifies the respective responsibilities of the Company and its employees regarding auto fails. There is a zero tolerance policy if an agent is recorded cursing or swearing during a call.

What is an Auto Fail:



Agent continued rebuttal after no sign of interest

Agent was rude to caller

Agent hung up on caller

Agent misled the caller

Agent did not confirm school name for lead submitted

Agent did not confirm degree type for lead submitted (Certificate/Diploma;

Associate, Bachelor; Masters; PhD)

Agent did not confirm exact program name for lead submitted

Agent did not confirm the program was online or campus for lead submitted

Agent discussed financial aid, scholarships, grants, or salaries.

Agent made egregious error on the call. Up to the discretion of the Manager

Progressive disciplinary steps:

2 Auto fails – Verbal Warning

3 Auto fails – Written Warning

4 Auto fails – Final Written Warning

5 Auto fails – Termination

Zero tolerance policy - Termination

Employees will be expected to maintain satisfactory performance consistent with

these expectations in this policy for a twelve month period of time.

4.30 Employment Verification Policy

All requests for employment verifications must contain the employee's or former employee’s signature authorizing the release of information. Here is the information about current and former employees we provide:

whether the individual is currently employed at the Company,

the employee’s current or last job title,

the dates of employment

the current or final salary paid to the employee

No other information will be provided.



5 COMPENSATION POLICIES 5.1 Timekeeping Procedures

By law, Windy City is obligated to keep accurate records of the time worked by its employees. Employees who work off premises must maintain a daily record of hours worked. Each employee must provide a summary of hours worked to his or her supervisor in accordance with time-reporting procedures.

5.2 Overtime Pay

Overtime compensation at a rate of 1-1/2 times an employee’s regular rate of pay is paid to non-exempt employees who work over 40 hours in a workweek for hours worked in excess of 40 hours in accordance with federal and state wage and hour provisions. Overtime must be approved by an employee’s manager in advance and in writing.

5.3 Payroll and Paydays

All employees will be paid every other Friday unless otherwise provided. All part-time employees and full-time employees hired after September of 2009 are paid two (2) weeks after the end of the applicable pay period. As discussed in Section 4.24, upon termination of employment (whether voluntary or involuntary), employees are required to return any Windy City property that has been issued within five (5) days of the employee’s last date of work.

5.4 Performance and Wage Reviews

Windy City wants to help employees succeed in their jobs and to grow. In an effort to support this growth and success, Windy City supervisors, quality assurance and training specialists record calls for accuracy and training purposes. Windy City also periodically monitor calls, including time before and after calls, wrap-up time, disposition time and voicemail time for accuracy and training purposes (“Live Monitoring”). Live Monitoring may be conducted without prior notification. The review results may or may not be shared with employees, but the results of the reviews will be a significant factor in evaluating an employee’s job performance and the terms of an employee’s continued employment with Windy City. Pay increases are dependent upon Windy City’s success and an employee’s job performance.

At the discretion of Windy City, if an employee spends an inordinate amount of time not working in the dialer (i.e., too much time wrapping up calls or too much time in voicemail mode), the employee may receive a warning. After receipt of such warning, an employee’s continued excessive time spent wrapping up calls or continued excessive time spent in voicemail mode may lead to discipline up to and including immediate termination of employment.



5.5 Opportunities for Advancement—Progression and Promotion

Windy City would like to provide employees with every opportunity for advancing to other positions or opportunities within Windy City. Approval of progression moves or promotions depends largely upon training, experience, performance, and business need. However, Windy City reserves the right to look outside Windy City for potential employees as well.



6 Benefits Summaries and Eligibility

6.1 Worker’s Compensation

All employees are entitled to Workers’ Compensation benefits, the premiums for which are paid by Windy City. This coverage is automatic and immediate and protects employees from work-related injury or illness. If an employee cannot work due to a work- related injury or illness, Workers’ Compensation insurance under the terms provided by law pays his or her medical bills and provides a portion of his or her income until he or she can return to work.

6.2 Unemployment Compensation

Unemployment compensation is designed to provide a temporary income for those who are out of work through no fault of their own. Depending upon the circumstances, employees may be eligible for Unemployment Compensation upon termination of employment with Windy City. The Division of Unemployment Insurance of each State’s Department of Labor determines eligibility for Unemployment Compensation. Windy City pays the entire cost of this insurance program.

6.3 Social Security

The United States Government operates a system of mandated insurance known as Social Security. As a wage earner, eligible employees are required by law to contribute a set amount of weekly wages to the trust fund from which benefits are paid. As employer, Windy City is required to deduct this amount from each paycheck an eligible employee receives. In addition, Windy City matches employee contribution dollar for dollar, thereby paying one-half of the cost of employee Social Security benefits.

6.4 Training and Professional Development

At Windy City, we recognize our success in the industry hinges on each individual employee’s success. We want to support you in meeting your personal objectives and encourage you to seek out opportunities to further your development. Please review all training/development opportunities with your supervisor prior to enrollment.



7 TIME-OFF BENEFITS

7.1 Vacation Time

Windy City Employees are allowed up to ten (10) days of unpaid vacation time per year. Vacation time must be approved by an employee’s manager prior to the scheduled vacation. Vacation time does not accrue or rollover into the next calendar year.

7.2 Sick Days

Employees are allowed up to five (5) unpaid sick days per year if needed. Employees are responsible for contacting their manager prior to the beginning of their shift or otherwise as early as possible, when they will be absent from work. Sick time does not accrue or rollover into the next calendar year.

7.3 Bereavement Leave

Employees are allowed up to two (2) days of unpaid Bereavement Leave per year upon the death of an immediate family member.

7.4 Jury Duty

Windy City is committed to supporting the communities in which Windy City operates, including supporting Windy City employees in fulfilling their responsibilities to serve as jurors. When employees receive notification regarding upcoming jury duty, it is their responsibility to provide written notice to their direct supervisor as soon as possible and at least within ten days of issuance of the notice. This time away from work is unpaid.

7.5 Military Reserves or National Guard Leaves of Absence

Time off for service in U.S. military organizations or state militia groups such as the National Guard is provided pursuant to existing laws.

7.6 Family and Medical Leave

Windy City’s Family Medical Leave (FML) policy is governed by the Family Medical Leave Act (FMLA) of 1993 and The National Defense Authorization Act (NDAA) for Fiscal Year 2008 (NDAA). If you are an eligible employee, you may take leave from your job for a limited period of time to address certain family responsibilities as defined below or for your own serious health condition pursuant to the terms and conditions which follow.

To be eligible for FMLA leave, an employee must have been employed by an employer with at least 50 employees employed within 75 miles as a regular full-time position for at least 12 months and have worked a minimum of 1,250 hours during the 12 month period prior to the time leave would begin under this policy. All requests for family medical leave are contingent upon a determination by Windy City that you are eligible for family medical leave.



Windy City will grant an eligible employee unpaid leave for up to 12 weeks, with appropriate medical certification, during a 12 month period provided the procedures in this policy are followed and leave is requested for any of the following reasons: (1) to care for a dependent child, spouse or parent of the employee if that individual has a serious health condition; (2) the employee’s serious health condition that renders the employee unable to perform the employee’s essential job functions; (3) the birth or adoption of a child, or the foster care placement of a child; or (4) due to any qualifying exigency (as described in 19 C.F.R. § 825.126(a)), because the spouse, son, daughter or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.

Windy City will grant Service Member Family Leave under the NDAA to an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member, a total of 26 work weeks of leave, with appropriate medical certification, to care for an injured member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in an outpatient status, or is on the temporary disability retired list, for a serious injury or illness. This leave will only be available during a single 12-month period. Taking up to 26 weeks of leave in any 12-month period does not limit an employee’s ability to take up to 12 weeks of FMLA leave in any subsequent 12-month period. If leave to care for an injured family member of the Armed Forces qualifies under both FMLA leave and Servicemember leave, Windy City will designate the leave as Servicemember leave.

For detailed information on FML, please contact your manager for Windy City’s written policy statement.

7.7 Extended Leaves of Absence

If a leave of absence continues beyond the time period described in Section 7.6, an employee may apply in writing to management for an extended leave of absence (“Extended Leave”), providing the reason for the Extended Leave, and the beginning and ending dates of the Extended Leave. Extended Leave may be granted or denied at the discretion of Windy City.

7.8 Uniformed Services Employment and Reemployment

Windy City is committed to providing the basic employment and reemployment services and support as set forth in the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

7.9 Personal Leaves of Absence

In special circumstances, Windy City may grant a leave of absence for a personal reason other than the reasons described in Sections 7.6 and 7.7, but never for taking employment elsewhere or becoming self-employed. Personal leaves of absence must be requested in writing to management and are subject to the discretion of management.



8 EMPLOYEE COMMUNICATIONS

8.1 Open Communication

Windy City encourages employees to discuss any issues that any employee may have with a co-worker directly with that person. If a resolution is not reached, employees should arrange a meeting with their direct supervisor. If the concern, problem, or issue is not properly addressed, employees should contact one of Windy City’s Principals. Any information discussed is considered confidential to the extent possible while still allowing management to respond to the problem. Retaliation against any employee for appropriate usage of these channels is unacceptable.

8.2 Staff Meetings

In order to keep the communication channels open, Windy City will hold periodic staff meetings. All employees will receive prior notification of scheduled meetings which may be online or by phone, and employees are expected to be diligent in attending meetings.

8.3 Suggestions

Windy City encourages all employees to bring forward their suggestions and ideas about making Windy City a better place to work and enhancing service to Windy City advertisers and network publishers. Any employee who sees an opportunity for improvement is encouraged to talk it over with management. Management can help bring ideas to the attention of the people in the organization that will be responsible for possibly implementing them. All suggestions are valued.

8.4 Closing Statement

You are here because you are an innovative thinker and an idea person who shares our passion for helping people attain their educational goals. Our success depends upon clear and open communication. It is important that employees stay aware of changes in procedures, policies, and general information. We encourage you to communicate ideas, suggestions, personal goals, and/or problems, as they affect our success at Windy City. We look forward to your contributions and your energy.



9 Fraud Policy Agreement

I acknowledge that I have received and read a copy of the Windy City Fraud Policy (section 4.27). I understand that my involvement in fraudulent activities may result in my termination. I hereby commit to follow this policy.

Date Signature .



10 ACKNOWLEDGMENT

I acknowledge that I have received and read a copy of the Windy City Employment Manual. I have had an opportunity to ask questions regarding the Employment Manual, and all of my questions have been answered. I commit to follow these policies and any policies contained in a subsequent Employment Manual.

I am aware that if, at any time, I have questions regarding Windy City or Windy City’s policies I should direct them to my manager.

I understand that I am an “at-will” employee of Windy City and that the policies and other related documents do not form a contract of employment and are not a guarantee by Windy City of employment or the conditions and benefits that are described within them. I understand that my employment and compensation are for no definite period of time and may be terminated with or without cause, and with or without notice, at any time by Windy City or by me. The provisions of such Windy City policies are incorporated into this acknowledgment, and I agree that I shall abide by its provisions.

I also am aware that Windy City, at its option, may modify, suspend or terminate parts or the policy in its entirety, at any time without prior notice.

Employee’s Printed Name Position

Employee’s Signature Date



11 REFERENCE RELEASE WAIVER AUTHORIZATION

I hereby authorize Windy City to release information regarding my prior employment to prospective employers for purposes of their pre-employment investigation. Windy City is hereby released from any and all liability that may result from furnishing such information.

Date Signature



12 EMPLOYEE INVENTION AND CONFIDENTIAL INFORMATION AGREEMENT

Windy City’s special competence in its various fields of endeavor is the secret of its success and provides the source of both career opportunities and security for employees throughout Windy City. Our success depends to a significant degree on Windy City's possession of proprietary information -- not generally known to others -- more and better information than others have about research, development, production, marketing, and management in Windy City’s chosen fields.

To obtain such information and use it successfully, Windy City spends considerable sums of money in research and product development, product improvements, the development of marketing methods, and service to its customers. Many Windy City employees make major contributions. This results in a pool of information which enables Windy City to conduct its business with success, and thus with unusual potential for its employees. However, this potential exists only as long as this information is retained as proprietary within Windy City. Once generally known, this information gives no advantages to Windy City, its employees, or its owners.

In effect, all Windy City employees have a common interest and responsibility in seeing that no one employee accidentally or intentionally siphons off or distributes to non-Windy City employees any part of this pool of information.

To help protect you, all other employees and Windy City against such a possibility, this Employee Agreement has been prepared for your signature and Windy City's so that we have a common understanding concerning our mutual responsibilities in this connection. Please read it carefully so that you may understand its importance.

Employee's Last Name First Name Initial

Inventions

1. I will promptly disclose in writing to Windy City all inventions, discoveries, developments, improvements and innovations (herein called "Inventions") whether or not patentable, conceived or made by me in connection with Windy City, either solely or in concert with others during the period of my employment with Windy City, including, but not limited to, any period prior to the date of this agreement, whether or not made or conceived during working hours that,

(a) relate in any manner to the existing or contemplated business or research

activities of Windy City, or

(b) are suggested by or result from my work at Windy City, or

(c) result from the use of Windy City's time, materials or facilities and that all such inventions shall be the exclusive property of Windy City.

2. I hereby assign to Windy City my entire right, title, and interest to all such inventions that are the property of Windy City under the provisions of paragraph 1 of this Agreement, except those specifically described in a statement which has been separately executed by a duly authorized officer of Windy City and myself and attached hereto and I will, at Windy City's request and expense, execute specific assignments to any such invention and execute, acknowledge,



and deliver such other documents and take such further action as may be considered necessary by Windy City at any time during or subsequent to the period of my employment with Windy City to obtain and define letters patent in any and all countries and to vest title in such inventions in Windy City or its assigns.

3. Any invention disclosed by me to a third person or described in a patent application filed by me or in my behalf within six months following the period of my employment with Windy City shall be presumed to have been conceived or made by me during the period of my employment with Windy City unless proved to have been conceived and made by me following the termination of employment with Windy City.

Confidentiality

1. I will not during or at any time after the termination of my employment with Windy City use for myself or others or divulge or convey to others any Confidential Information as defined in Section 4.8 above, knowledge, or data of Windy City or that of third parties obtained by me during the period of my employment with Windy City.

2. Upon termination of my employment with Windy City, or at any other time at Windy City's request, I agree to deliver promptly to Windy City all Confidential Information, including but not limited to, all drawings, blueprints, manuals, letters, notes, notebooks, reports, sketches, formulae, computer programs and similar items, memoranda, customer lists and all other materials and all copies thereof relating in any way to Windy City's business and in any way obtained by me during the period of my employment with Windy City which are in my possession or under my control. I further agree that I will not make or retain any copies of any of the foregoing and will so represent to Windy City upon termination of my employment.

3. Windy City may notify anyone employing me or evidencing an intention to employ me as to the existence and provisions of this Agreement.

4. The invalidity or unenforceability of any provision of this Agreement as applied to a particular occurrence or circumstance or otherwise shall not affect the validity and enforceability of applicability of any other provision of this Agreement.

5. This Agreement shall inure to the benefit of and may be enforced by Windy City, its successors, or assigns and shall be binding upon me, my executors, administrators, legatees, distributees, and other successors in interest and may not be changed in whole or in part except in a writing signed by a duly authorized officer of Windy City and myself.

Employee Signature Date

WINDY CITY CALL CENTER, LLC

By Its

Date