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Termination Letter

Carolina Pintos Therapy, PLLC
11777 Katy Freeway Suite 260 South,
Houston, TX 77079

Dear: Marjorie Green

This letter confirms that your employment with Carolina Pintos Therapy, PLLC has been terminated effective 03/19/2024 with immediate effect. The reasons for this decision include a notable drop in performance and an inability to meet the company's standards and values, which are critical for our operations and organizational culture.

Additionally, we need to address a financial matter related to a loan provided by the company to you during your employment. You currently have an outstanding balance of $1,400.00 on this loan, which was originally $2,000.00. In accordance with the terms of the loan and applicable legal requirements, we will deduct the remaining loan balance from your final paycheck to settle this debt.

Reminder: Committed to Agreements & Policies

I recall and agree that I have signed the Confidentiality and Intellectual Property Assignment Agreement (the “Agreement”) and the Non-Competition Agreement (the “Agreement”) which I concurred with the following terms:

Restrictions: After your employment with the company, whether due to termination or voluntary resignation, you are prohibited from providing post-surgery and/or lymphatic treatments to patients/customers for a period of one (1) year and within a 50-mile radius from our main office located at 11777 Katy Freeway, Houston, TX 77079. This geographical area is referred to as the "Restricted Territory." For the purpose of this policy, "Prohibited Activity" includes any activity in which you utilize your knowledge, directly or indirectly, as an employee, employer, owner, operator, manager, advisor, consultant, contractor, agent, partner, director, stockholder, officer, volunteer, intern, or in any similar capacity for an entity engaged in the same or similar business as ours within the Restricted Territory. "Prohibited Activity" also encompasses any activity that may involve the disclosure of our trade secrets, proprietary information, or confidential information. The term "Restricted Business" refers to the business involving the research, development, manufacturing, distribution, sale, supply, or other dealings with products or services that are of the same or substantially similar kind as the products or services offered by our company. These are products or services with which you were directly involved during your employment with us or our predecessor company. "Restricted Products" specifically include those products or services about which you have received or developed proprietary information during your employment with our company or its predecessor. Please note that these restrictions will remain in effect for a period of one (1) year following the termination of your employment, regardless of the reason for termination. It is essential to respect these restrictions to safeguard our trade secrets, proprietary knowledge, and the competitive advantage we have established.
Non-Disparagement and Brand Protection: Post-termination, you are expected to refrain from making any statements or comments, whether online or offline, that could be construed as libelous, slanderous, or otherwise defamatory towards Carolina Pintos Therapy, PLLC. This includes, but is not limited to, publishing negative reviews on platforms such as Google or other customer-facing mediums. It is imperative to understand that engaging in such activities may be considered as brand defamation and could result in legal action. Our company values its reputation and the trust we have built with our clients, and we expect all former employees to respect these values even after their departure from the company.
Remedies: In the event of a breach or threatened breach by the Employee of any of the provisions of this Agreement, the Employee hereby consents and agrees that the Employer shall be entitled to, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages, or other available forms of relief.
Successors and Assigns: To the extent permitted by state law, the Employer may assign this Agreement to any subsidiary or corporate affiliate or to any successor or assign (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Employer. This Agreement shall inure to the benefit of the Employer and permitted successors and assigns. The Employee may not assign this Agreement or any part hereof. Any purported assignment by the Employee shall be null and void from the initial date of purported assignment.
Attorneys' Fees: If the Employee breaches any of the terms of the restrictive covenant obligations in this Agreement, to the extent authorized by state law, the Employee will be responsible for payment of all reasonable attorneys' fees and costs the Employer incurred in the course of enforcing the terms of the Agreement, including demonstrating the existence of a breach and any other contract enforcement efforts.
Choice of Law and Forum Selection: This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the State of Texas applied without regard to conflict of law principles. Any action or proceeding by either party to enforce this Agreement shall be brought only in any state or federal court located in the state of Texas, in the county where the Company is located.
Severability: Should any provision of this Agreement be held by a court of competent jurisdiction to be enforceable only if modified, or if any portion of this Agreement shall be held as unenforceable and thus stricken, that holding shall not affect the validity of the remainder of this Agreement, the balance of which shall continue to be binding on the Employee and Employer with any modification to become a part of and treated as though originally set forth in this Agreement.

Last Paycheck:

Your last paycheck will be automatically deposited into your account unless you would otherwise prefer Carolina Pintos Therapy, PLLC to print and mail you a check. Your preference on your last paycheck shall be verbalized in our last meeting.

Thank you for your past efforts and all the best for your future endeavors.

Best Regards,

Carolina Miranda & Homero Miranda

EMPLOYEE ACCEPTANCE

I have read and understand this letter and consent and agree to all of the terms and conditions contained herein.

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March 2, 2022 12:29 pm CDT

Termination Letter Uploaded by Carolina Miranda Pintos - [email protected] IP 2601:2c1:8400:6af0:6551:e740:105c:b870