Winsor is proud to be a Member in Good Standing of the American Staffing Association (ASA). In order to comply and maintain ASA Membership in good standing Winsor is prohibited from charging a fee to any candidate or applicant for referral or placement assistance as a service cost directly to any applicant. It is our pleasure to expose you to as many work related appointments as possible.
In order to expedite your referral possibilities to our client database, and to often be in compliance with state and federal law, you will need to have your below information properly credentialed, readily available at all times, current, and in good-standing with all authorities overseeing your occupational sector (i.e. FMCSR, DOT, DMV, OSHA, Consumer Affairs, Attorney General, Board of Health, etc). Winsor will not provide referral to candidates not in compliance with their occupational credentialing.
YOUR MONETARY OBLIGATIONS TO REMAIN CREDENTIALED IN-GOOD-STANDING AS A PARAPROFESSIONAL
1. Driver's CDL license – must be current at time of application and/or dispatch, not to typically exceed 30 days from date of application. All applicants will need supply a current DMV Abstract every 365 days thereafter "at their/your expense". If you do not supply a current DMV Abstract to Winsor every 365 days, Winsor MUST obtain one for you --as authorized in and by your FCRA Release and Indemnification if you are still actively being dispatched and/or on assignment and need remain current with Winsor and/or its associates. State DMV charges and administrative expenses shall apply per each Abstracts. Winsor at its option may elect to advance you the money to obtain this article, but you will ultimately be responsible to reimburse Winsor or its affiliates immediately thereafter from your next Winsor settlement. Failure of Winsor to notify you of your obligation and such a monetary advance does not relieve you from being obligated and liable to repay the company for any costs you attach to it.
2. DOT Card, as well as a copy of your DOT Long-Form MUST be current per DOT and FMCSR requirements. It is your responsibility to stay on top of this with your medical provider. You cannot work for Winsor nor drive a commercial vehicle without a DOT medical in good standing compliance, and this need be in your possession AT ALL TIMES –it is against the law otherwise. Should your DOT medical expire you will need take another physical and have your medical physician confirm you are in appropriate medical condition to operate a commercial vehicle.
The costs associated with DOT medical credentialing is YOUR responsibility, and need be paid directly to your physician. However, you may make arrangements with WINSOR to advance the cost attributed to obtain the DOT medical exam prior to scheduling the exam. Winsor at its option may elect to advance you the money to obtain this article, but you will ultimately be responsible to reimburse Winsor or its affiliates immediately thereafter from your next Winsor settlement. Failure of Winsor to notify you of your obligation and such a monetary advance does not relieve you from being obligated and liable to repay the company for any costs you attach to it.
3. Criminal/Felony Background Check, Social Security Trace, Credit Report and other background investigations are often IMPERATIVE. Winsor has the ability to obtain this information at a cost with third party facilitators that provide you this information; you may make arrangements with WINSOR to advance the cost attributed to obtain background checks. The cost is YOUR responsibility. Winsor at its option may elect to advance you the money to obtain this article, but you will ultimately be responsible to reimburse Winsor or its affiliates immediately thereafter from your next Winsor settlement. Failure of Winsor to notify you of your obligation and such a monetary advance does not relieve you from being obligated and liable to repay the company for any costs you attach to it.
4. Drug Test(s) - It is imperative when operating heavy equipment/motor vehicles or are in an occupational sensitive position you comply to DOT, FMCSR, OSHA and other government standards of drug and alcohol testing and requirements at time of application, referral and/or dispatch and randomly thereafter every 365 days. Pre-assignment, and/or random, and/or post-assignment, and/or post-accident, and/or pre/post referral and dispatch related drug testing may be a mandatory requirement by law. Winsor and its affiliates recognize only verifiable and properly credentialed/licensed vendors to administer drug and alcohol testing. Costs for drug test vary pending facilitator, and are at your expense. You have the option of paying in advance or making arrangements with WINSOR to advance the cost attributed to obtaining your drug testing prior to being dispatched or starting an assignment. An initial drug test at time of application, assignment or dispatch may be required in order to be compliant with the law; random drug testing; post-accident alcohol and drug testing; annually. Winsor at its option may elect to advance you the money to obtain this article, but you will ultimately be responsible to reimburse Winsor or its affiliates immediately thereafter from your next Winsor settlement. Failure of Winsor to notify you of your obligation and such a monetary advance does not relieve you from being obligated and liable to repay the company for any costs you attach to it.
5. Motor Vehicle Violations – Only you are responsible for your driving performance. Any monetary violation received while driving for Winsor and/or our associates will be your responsibility, and the amount of which that must be paid on your behalf may be advanced to you on condition you reimburse Winsor or its associates in your next Winsor settlement (i.e. a photo captures you running a red light and the motor carrier receives a ticket in the mail for your action; or you run a toll and a photo ticket comes in the mail charging the motor carrier; etc).
6. Product & Merchandise Negligence: Should Winsor refer you for assignment to any of its clients or associates and be held liable for your actions regarding the disappearance or misallocation of materials under your jurisdiction, supervision, management, care, etc, you agree to hold Winsor harmless for any and all Civil damages which may arise, and agree to be held liable for any and all damages Winsor may incur. If you are a carrier where products in your domain become unaccounted for you will reimburse Winsor immediately via your next settlement for any out of pocket costs and expenses. This does not include damages or theft whereby a police report indicates you are/were a victim of foul play.
7. I agree that the investment(s) made by Winsor to recruit and credential candidates such as myself to its Clients for assignment are significant. Therefore, I agree that I shall NOT: without prior written consent of Winsor: (a) solicit any Winsor Client for work of any kind independently or without Winsor written consent on Winsor letter head.
(b) interfere with the employment and/or service provider engagement relationship between Winsor and its referred Clients,
(c) interfere with the employment and/or service provider engagement relationship between Winsor and any Winsor Candidate(s),
(d) neither directly or indirectly cause, allow or permit, for any reason, yourself to transfer to another service(s) for the benefit of Winsor Client.
You agree that you shall NOT solicit, or provide services to (nor accept work, employment or provide service through another service) to a referred Winsor Client for a period of 18 (eighteen) months of Winsor referral to you. You shall not provide service to Winsor Client(s) independently or through another third party or organization as outlined herein without being in breach of this Agreement. Any work referred to you by Winsor whereby you are later determined to be providing service(s) in any capacity [or to Winsor-Client associate, Winsor-Client counterpart, Winsor-Client agency, brokers, leasing companies, Winsor Competitor(s), etc., where you perform work for the benefit of Winsor-Client or through any third party service provider at Winsor-Client location(s) or that of your own for the benefit of Winsor-Client], regardless of whether it later be discovered you were introduced there by another party, or contained in an internal Client and/or associate Client database, and/or you transfer from Winsor or Winsor-Client to another service for any reason for benefit of Winsor-Client or yourself, you acknowledges that if Winsor refers you to a Client and then you provide service to such Client or hired by such Client or its associates within 18 eighteen months of Winsor referral directly or indirectly, it is understood and agreed to herein that Winsor is the “procuring cause” of your work, employment and/or service, and that Winsor has fulfilled its obligations to help you secure work; so that a placement fee shall apply in the form of a Conversion Charge to be equal to 20% of your Gross Annual Compensation and/or earnings from such a referral; the sum of which shall be annualized or extrapolated for 12 month duration regardless of how long you actually provide services, work and/or employment to any Winsor-Client or such Clients counterparts and affiliates. You also understand that Winsor receives a contingent fee for your referral to all its Clients, and regardless of any duration of time worked at such a Winsor Client you are not eligible to Convert to that Client, directly or indirectly, unless Winsor is paid in full from its Client for your services rendered. Likewise, you are prohibited to provide work to any third party at Winsor Client location without being in breach of this agreement.
In accordance with provisions 604 and 607 of FCRA, Public Law 91-508 as amended by Consumer Credit Reporting Act of 1966 title II, (D), Chapter 1, of Public Law 104-208 you consent to release your information here in for EMPLYMENT RELATED PURPOSES ONLY.
The investment(s) made by Winsor to recruit and credential candidates such as yourself to its Clients for assignment are significant. Therefore, you agree that you shall NOT: without prior written consent of Winsor: (a) solicit any Winsor Client for work of any kind independently or without Winsor,
