HR Employee Handbook 2020...EMPLOYMENT REFERENCE CHECKS AND RELEASE OF EMPLOYMENT INFORMATION 1. PURPOSE 2. DEFINITIONS 3. POLICY 4. PROCEDURE POLICY 003 EMPLOYMENT CONTENTS CLASSIFICATION

HREmployeeHandbook

www.marketspacecapital.com

2020

1

POLICY 001 INTRODUCTION TOMARKETSPACE CAPITAL

1. MESSAGE FROM THE

PRESIDENT AND CEO

2. OUR PURPOSE, OUR

PHILOSOPHY, OUR GUIDING

PRINCIPLES

3. OUR HISTORY

4. INTERPRETATION OF THE

HANDBOOK

1. PURPOSE

2. POLICY

3. PROCEDURE

4. PERSONNAL RECORDS ACCESS

POLICY

POLICY 002 EMPLOYMENT REFERENCECHECKS AND RELEASE OF EMPLOYMENT INFORMATION

1. PURPOSE

2. DEFINITIONS

3. POLICY

4. PROCEDURE

POLICY 003 EMPLOYMENTCLASSIFICATION CONTENTS

POLICY 004 COMPENSATION 1. PURPOSE

2. POLICY

3. GUIDELINES

1. PURPOSE

2. GUIDELINES

POLICY 005 EMPLOYMENT OFPERSONNEL

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POLICY 006 OFFICE PROCEDURES

CONTENTSPOLICY 007

1. OFFICE HOURS

2. ACCESS TO MARKETSPACE

CAPITAL OFFICES

3. VISITORS

4. OFFICE CLOSINGS

5. TIME SHEETS

6. OVERTIME

7. PAY PERIOD AND PAYCHECKS

8. BUSINESS CARDS

9. PURCHASING AND SUPPLIES

& EQUIPMENT

10. TRAVEL

11. TRAVEL ADVANCES

12. EXPENSE REPORTING

13. REIMBURSABLE EXPENSES

14. TELEPHONE

15. SMOKING

16. DRESS CODE

1. PURPOSE

2. POLICY STATEMENT FOR E-

MAIL, FACSIMILE

COMMUNICATIONS AND

INTERNET SYSTEMS

3. POLICY STATEMENT FOR

INTERNET/INTRANET

BROWSER(S)

4. COPYRIGHT ISSUES

5. VIOLATIONS

ELECTRONICCOMMUNICATIONSPOLICY

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3

030

3

2

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POLICY 008

CONTENTS

POLICY 010 “BETTER WAY” PROGRAM 1. PURPOSE

POLICY 011 ADMINISTRATIVE

1. PURPOSE

2. GUIDELINES

3. ATTENDANCE

4. GIVING NOTICE OF ABSENCE

OR TARDINESS

5. NO FAULT LEAVE OF ABSENCE

POLICY

6. WORKPLACE VIOLENCE

POLICY

7. CONCEALED WEAPONS

POLICY

WORKPLACE CONDUCT IN THE

1. ACKNOWLEDGEMENT OF

DEATH OR ILLNESS

2. CONFIDENTIALITY

3. CONFLICTS OF

INTEREST/ACCEPTING GIFTS

4. LAYOFFS

5. VOLUNTARY TERMINATION

(RESIGNATION)

1. PURPOSE

2. POLICY

3. PROCEDURE

POLICY 012 CORRECTIVE ACTION POLICY

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546

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POLICY 014 EQUAL EMPLOYMENTOPPORTUNITY

1. HARASSMENT POLICY

POLICY 015 HARASSMENTDISCRIMINATION AND

CONTENTS

1. OUTSIDE EMPLOYMENT OR

PROFESSIONAL ACTIVITY

2. PERFORMANCE

EVALUATIONS

3. PROPRIETARY

INFORMATION POLICY

4. REFERENCE POLICY

5. SAFETY AND SECURITY

6. VOTING

7. SOLICITATIONS AND

DISTRIBUTIONS

RETALIATION POLICY

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6MARKETSPACE CAPITAL | EMPLOYEE HANDBOOK

1. INTODUCTION TO MARKETSPACE CAPITAL

To our MSC Colleagues:

We welcome you to MarketSpace Capital, a

Private Equity Real Estate Firm that focuses on

sourcing value-add commercial real estate

investments for our esteemed capital partners.

In addition to producing consistent returns, we

seek to create positive economic impact and

long-term value for our investors, the properties

we invest in, and the communities in which we

work.

Our Company operates by a set of Guiding

Principles that are fully enumerated in our

Handbook. The primary purpose behind these

principles revolves around:

• Service to our clients and meeting their

needs.

• Operating our business and practicing our

profession with the highest level of

• Personal integrity and ethical

performance.

• Respecting, trusting and treating all with

whom we associate with dignity.

We urge you to carefully review our Purpose,

Our Vision and Our Guiding Principles found in

the following sections. They guide our every

activity.

We are extremely proud of the accomplishments

of our employees and our Company. Our work

has been significant in every area of practice

and to every community in which we operate.

We collectively vow that it will continue to

improve and enhance the quality of life for our

clients.

To facilitate your understanding of who we are,

and to provide the details in how we operate, we

have prepared this Handbook for your use and

reference. If you have any questions about our

policies or suggestions for improving the

usefulness of this material, contact your

immediate supervisor.

Dr. Masaki Oishi, Charmain

POLICY 001

ChairmanDr. Masaki Oishi

PRESIDENT AND CEOFROM TH E

MESSAGE


2. OUR PURPOSE, OUR PHILOSOPHY, OUR GUIDING PRINCIPLES

We at MarketSpace provide optimum design solutions for the built environment. Our focus on

providing quality service to our clients is rewarded by adequate compensation to sustain our

profitability. Applying the collective knowledge and judgment of our talented and creative people,

we employ today’s technology, continually improving efficiency and performance. We share, with

the community, the client, the user and our colleagues, the highest ambitions for professional

excellence and a desire to enhance the quality of life.

MarketSpace Capital is committed to continue finding the right solution for our clients, using the

experience of the past, the needs of the present, and the challenges of tomorrow. We want to be the

best in what we do, not the biggest.

Our Philosophy

We earn unqualified, excellent references from our clients. We share

pride in our projects with our clients and users.

We provide our services

consistent with the highest

ethical, moral and professional

standards.

INTEGRITY

We operate as inter-dependent

market focused groups with

operational flexibility to make

independent decisions that

benefit the whole.

ORGANIZATION

We maintain a level of profit that

provides for growth and rewards

our people and shareholders.

PROFITABILITY

We use the latest technology to

deliver our services; while

insuring we are applying the

appropriate technology in

creative, efficient, cost effective

solutions for our clients.

TECHNOLOGY

We attract a talented, creative,

diverse workforce and provide an

environment that fosters

personal growth and

productivity.

PEOPLE

We share with the community,

client, and user the highest

ambitions for professional

excellence and a desire to

enhance the quality of life.

COMMUNITY

CUSTOMER SATISFACTION

We are leaders in our areas of specialization and translate that expertise into effective solutions for

our clients.


We will:

• Listen to and be accountable to our clients -

meet their needs, keep our promises and

stand behind the quality of our services.

• Maintain the highest level of personal

integrity and ethical performance.

• Empower people to take initiative, with the

authority and responsibility to do so,

coupled with accountability, at the lowest

appropriate level.

• Operate our company to achieve acceptable

levels of profitability.

• Operate our company and serve our clients

through creative ideas, using the latest

proven technology.

• Team with our customers, our industry and

each other on the basis of trust.

• Respect each other, pursue personal

development and recognize

accomplishments.

• Communicate openly, clearly, promptly,

honestly and with respect.

• Ensure an equal opportunity environment &

value the strength diversity brings to our

workforce.

• Embrace change with an open mind and a

willing attitude.

Our Guiding Principles


3. OUR HISTORY

The following is a history of how we came to be and

who we are today.

MarketSpace Capital is a Private Equity Real Estate

Firm that focuses on sourcing value- add

commercial real estate investments for its capital

partners and attainable housing for our residences.

Through its relationships, expertise and disciplined,

data-driven analysis, the company’s veteran staff

has the capability and experience required to

maximize value creation through a comprehensive,

programmatic and conservative investment

philosophy and asset management approach. In

addition to producing consistent returns on its

investments, MarketSpace Capital seeks to create a

positive, economic impact and long-term value for

its investors, its properties and the communities in

which they serve.

Through our relationships, expertise and disciplined,

data-driven analysis, our veteran staff has the

capability and experience required to maximize

value creation through a comprehensive,

programmatic and conservative investment and asset

management approach.

The managing partners at MarketSpace Capital have

together over 25 years of combined experience

syndicating, investing, and managing commercial

real estate including previous leadership positions at

full service commercial real estate companies in

Houston, Texas. The firm currently has equity

investments in various multi-family, office, and retail

projects across the country.

In addition to sponsoring, MarketSpace Capital and

its managing partners also invest in every deal in

order to create wealth in unison with our investors.

Our goal is to create more transparent, efficient

ownership in high-quality commercial real estate

opportunities across the nation.


This handbook is a general guide to the current Policies and Procedures of MarketSpace

Capital . All current employees and newcomers to the firm should read this handbook and

familiarize themselves with its contents.

The policies and procedures set forth in this employee handbook are not a binding employment

contract. This handbook provides general guidelines only and none of its provisions are contractual

in nature. I understand that all employment with MarketSpace Capital is “at will,” meaning that my

employment may be terminated at any time, with or without notice, for any reason or no reason, by

either MarketSpace Capital or the employee.

This handbook is not a contract guaranteeing employment for any specific period of time. Either

MarketSpace Capital or the employee may end this relationship at any time, with or without cause,

notice or reason. No manager, supervisor or representative, other than MarketSpace Capital’s

President or Chief Operating Officer has the authority to enter into any agreement guaranteeing you

employment for any specific period

4. INTERPRETATION OF THE

HANDBOOK

of time or to make any written or

oral promises, agreements or

commitments contrary to this

policy. Further, any employment

agreement entered into by the

President or Chief Operating Officer

will not be enforceable unless it is

in writing.

This handbook replaces and

supersedes all earlier MarketSpace

Capital personnel practices,

policies and guidelines.

Today’s progressive and

competitive business environment

requires change and flexibility in

the administration of Policies and

Procedures. Hence, the Company

may elect to revise and amend any

policy in this handbook with or

without notice, from time to time,

as it is deemed necessary by the

Company.


POLICY 002 EMPLOYMENT REFERENCE

CHECKS AND RELEASE OF

EMPLOYMENT INFORMATION

It is the policy of the Company that no employee may

divulge or distribute any information on any employee, past

or present. Information such as position, salary history,

work habits, periods of employment, disciplinary actions,

reasons for termination, or any other personal information is

strictly confidential and may not be disseminated to a third

party. All requests for such information should be directed

to the President or Vice President.

To provide a consistent guideline

to employees regarding providing

and verifying current and former

employee references and releasing

employee information, and

minimizing litigation risk as a

result of defamation lawsuits,

while also preventing negligent

hiring.

1. PURPOSE 2. POLICY

A. Conducting a Reference Check

It is recommended and considered good business practice for hiring supervisors/managers to

conduct reference checks of the top candidate prior to making an offer of employment.

References should be current or former supervisors, peers, or clients, but not personal

references. No reference should be contacted without prior approval from the applicant.

Only job-related information, specific to the job for which the candidate is applying, should be

requested.

Notes should be taken during the reference check. The reference questions and notes should be

submitted to the Vice President along with other documentation of the recruitment.

B. Types of Reference Checks

There are several types of background checks that can be done on an employee. These include credit

checks, criminal record checks, driving records, past employer checks, and verification of degrees and

credentials.

3. PROCEDURE

MARKETSPACE CAPITAL | EMPLOYEE HANDBOOK

• Driving Records - The driving record of a potential employee who will be using a company

vehicle should be checked before hiring. This should also occur periodically throughout

employment.

• Criminal Records - A criminal record check should only be done on an exceptional basis

under the following circumstances: (Obtaining criminal records does not necessarily mean

that this information can be used in making the hiring decision. Some state laws prohibit

discrimination against people who have a criminal record.)

1. For positions that require significant fiscal responsibility.

2. Unsupervised access to the public.

3. When the application indicates a conviction for a felony.

• Credit Checks - Utilizing credit checks for employment purposes is regulated by the Fair

Credit Reporting Act (FCRA). Credit checks are often performed for positions that involve

financial responsibilities, especially if the position involves handling large sums of money

or exercising financial discretion.

• Past Employer Check - An employment history can be verified, including dates, titles and

salary history, when such information is in question.

• Degree and Credentials Check - Where degrees and credentials (professional licenses or

certifications) are a requirement of a position, this information should be verified.

All such background checks must be done through the Vice President.

C. Providing a Reference Check

Frequently, current and former employees use a MarketSpace Capital employee as a reference

when applying for other positions. It is recommended that all such calls be referred to the Vice

President, who will provide only titles and dates of employment unless specifically authorized in

writing by the employee or former employee.

• Reasons for termination may be given provided they are documented and substantiated.

• The former employee should be informed of the Company's reference checking policy

and his/her written permission should be obtained prior to providing references.

• It is important to provide accurate and truthful information. Only job-related information

will be provided.

12


MarketSpace Capital maintains a personnel file for every employee. It is important that

accurate, current records be maintained for benefits and employment purposes. Therefore, all

employees are required to notify personnel immediately if there is any change in relevant personal

or employment information such as change in address, phone number, marital status, emergency

contact, insurance beneficiary, number of dependents or legal name.

All information contained in the personnel file is the property of MarketSpace Capital and is not

available for review by anyone other than the employee, his or her supervisor, and management.

Employees may examine their personnel files after contacting the personnel department in advance

to schedule an appointment. However, these documents may not be removed from MarketSpace

Capital’s premises or photocopied without the specific authorization the personnel department.

If an employee believes that information in their personnel file is incorrect, they must submit a

written request to change the information to the personnel department. If such a request is granted,

the personnel department will make the change in the presence of the employee. If the request is

denied, an employee can ask to place a statement of disagreement in the file. This statement of

disagreement will become a permanent part of the employee's file.

MarketSpace Capital considers falsification of personnel records to be a serious offense, and upon

discovery can lead to disciplinary action up to and including termination. MarketSpace Capital

retains all personnel records for seven years after an employee leaves employment.

4. PERSONNEL RECORDS ACCESS POLICY

POLICY 003

EMPLOYMENT CLASSIFICATION

1. PURPOSE

To define the classifications of

employment for purposes of

compensation and benefits.


2. DEFINITIONS A. Normal Work Hours

The normal work hours of the company are a minimum of 40 hours per week. Nine (9) hours per day

Monday through Thursday and four (4) hours on Friday.

B. All employees will fall into one of two general classifications:

Non-exempt: Eligible for overtime pay, in accordance with federal and state wage and hour

laws

Exempt: Exempt from overtime pay requirement as defined by the Fair Labor Standards Act.

May be eligible for compensatory time off for billable overtime worked.

C. Regular Full-Time

Regular Full-Time workers regularly average fewer than 40 hours per week, completed by working a

minimum of 9 hours per day Monday through Thursday and 4 hours on Friday. Classified as either

exempt or non- exempt, according to work performed.

D. Regular Part-Time

Exempt part-time employees regularly average fewer than 40 hours per week and are paid on a

salaried basis. May include administrative staff or technical staff who regularly perform billable and

non-billable work.

Non-exempt part-time employees regularly average fewer than 40 hours per week and are paid for

hours worked.

E. Contracted Employee

Full-time Contracted Employees work 40 or more hours per week on an assignment lasting a

maximum of 6 months.

Part-time temporary employees average fewer than 40 hours per week on an assignment lasting a

maximum of 6 months.

Exempt temporary employees are paid on a salaried basis. Non-exempt temporaries are paid on an

hourly basis and are paid for hours worked. Contracted Employees will be issued IRS Form 1099 at

the close of each calendar year for the total amount of payment received from MarketSpace Capital

and the Contracted Employee will be responsible to pay the taxes owed to the Internal Revenue

Service for this income on their own.

F. On-Call

On-call employees work on an intermittent or as-needed basis. Work hours are not regular. All on-

call employees are paid for hours worked regardless of the type of work performed.


• Employment classifications, defined in Section 2 C,

D, E, and F are determined by the employee's

manager according to the needs of the business

• Regular full-time employees are entitled to full

benefits offered by the company.

• Regular part-time employees and on-call employees,

who average a minimum of 30 hours per week

quarterly are entitled to benefits, including medical,

dental, prescription drug, vision and life insurance.

Leave Bank paid time off pay is determined by

hours worked.

• Temporary employees do not receive benefits or

paid time off.

3. POLICY

A. Newly hired employees will be

classified according to the category

expressed on the employment

requisition, based on the needs of the

business, unless otherwise approved.

B. Current employees, whose

classification changes while

employed, will be changed in order to

receive the benefits and accruals that

accompany the employment category.

Employees will be notified prior to

such change, and benefits will begin

the first of the month following 30

days from the date of the

classification change.

4. PROCEDURE


It is MarketSpace Capital’s

philosophy to pay

competitively with those

companies with which we

compete in the labor market,

and to establish a systematic

method of compensating

exempt and nonexempt

employees that recognizes their

contributions to the Company.

POLICY 004 COMPENSATION

1. PURPOSE

2. POLICY

It is the policy of this Company

to pay employees fairly and in

accordance with federal and

state laws regarding employee

compensation.

A. Job Classification: Exempt/Non-Exempt

All positions are classified as either exempt or non-exempt as defined by the Fair Labor Standards Act

(FLSA). All positions are non-exempt unless specifically defined as exempt. Employees in non-exempt

positions are paid time-and-one- half for hours worked in excess of 40 per week. A position is defined

as exempt if it passes one or more of the following exemption tests: executive, administrative, and

professional, outside sales, computer professional. The President or Vice President determines

exemption in accordance with the FLSA.

B. Position Evaluation and Pay Structure

All positions are evaluated and ranked based primarily on external market pay data, as well as internal

relative value. The exempt and non-exempt salary grade structures are reviewed on an annual basis

and the grade ranges are adjusted on the basis of market analysis, as appropriate.

C. Performance Reviews

All full-time, part-time, and “on-call” employees will receive at least one annual formal, written

evaluation of their performance over the previous 12-month period by their Manager. Performance

reviews, generally conducted in January of each year, are placed in the employee's personnel file.

New hires receive a formal, written review of their performance after 3 months.

3. GUIDELINES


D. Salary Reviews

Employee salaries are reviewed annually. If the Company determines that salaries have generally

dropped below a market competitive level, a salary increase budget may be established. The budget

is based on criteria such as, but not limited to, competitive salary levels, Company profitability, and

general economic conditions. There are two (2) types of salary increase:

Merit Increases are based on position in the salary range, as well as actual job performance over the

period worked since the last merit increase. Merit increases for new employees will be prorated to

reflect actual months of employment the first year. The merit program is in effect no more than once

per year. Merit increases are not granted based on future potential.

Promotional Increases may be granted when an employee is promoted to a new position in a higher

salary grade that clearly involves greater responsibility, job knowledge and skill than the previous

position. The decision as to whether to grant a promotional increase is determined by the President

based on the employee's performance, pay position in the new salary range, and pay as compared to

peers in the new salary range. All promotions are documented by the Supervisor and approved by

Management. A promotional analysis is completed by the Manager to ensure fair and consistent pay

practices are being followed. In addition, promotions are tracked by Personnel for Affirmative Action

purposes. Promotions may be granted at any time throughout the year.

E. Overtime Pay

Non-exempt overtime pay will be granted in accordance with federal and state law. In general, the

first 40 hours worked per week will be paid at the employee's straight time rate. All hours worked

over 40 will be compensated at time-and- one-half, in accordance with applicable law.

As a general rule, for the purposes of computing overtime hours for non-exempt employees,

absences for the purposes of Company-required travel during normal work hours, and mandatory

Company-required training programs during normal work hours count towards the 40-hour

threshold. Paid absences such as short term disability time, Leave Bank, excused time, and absences

relating to facility closure are not considered hours worked for the purposes of calculating overtime

pay.

For non-exempt employees, Company holidays worked will be paid at straight time for the holiday.

All holidays worked must be approved in advance by the President.


Wage Deduction Authorization Agreement

I understand and agree that my employer, MarketSpace Capital

(MarketSpace Capital) may deduct any money from my pay from time to time for reasons that fall

into the following categories:

1. My share of the premiums for MarketSpace Capital’s group medical/dental plan;

2. Any contributions I may make into a retirement or pension plan sponsored, controlled or

managed by MarketSpace Capital.

3. Installment payments on loans or wage advances given to me by MarketSpace Capital, and if

there is a balance remaining when I leave MarketSpace Capital, the balance of such loans or

advances;

4. If I receive an overpayment of wages for any reason, repayment of such overpayments to

MarketSpace Capital;

5. The cost to MarketSpace Capital of personal long distance calls I may make on MarketSpace

Capital phones or on MarketSpace Capital accounts, of personal faxes sent by me using

MarketSpace Capital equipment or MarketSpace Capital accounts, or of non work-related

access to the Internet or other computer networks by me using MarketSpace Capital

equipment or MarketSpace Capital accounts.

6. The cost of repairing or replacing any MarketSpace Capital supplies, materials, equipment,

money or other property that I may damage (other than normal wear and tear), lose, fail to

return or take without appropriate authorization from MarketSpace Capital during my

employment;

7. The reasonable cost or fair value, whichever is less, of meals, lodging and other facilities

furnished to me by MarketSpace Capital in connection with my employment; and

8. If I take paid vacation or sick leave in advance of the date I would normally be entitled to it

and I separate from MarketSpace Capital before accruing time to cover such advance leave,

the value of such leave taken in advance that is not so covered; I agree that MarketSpace

Capital may deduct money from my pay under the above circumstances, or if any of the other

situations occur.

X

Employee Signature


POLICY 005 EMPLOYMENT OF PERSONNEL

1. PURPOSE

To define general guidelines, policies and procedures to be followed by MarketSpace Capital

concerning employment related matters.

It is the purpose of these policies and procedures to maximize consistency and fairness of

treatment for all employees throughout MarketSpace Capital.

This Policy sets forth policies and procedures concerning the following employment related

areas:

• Fair Employment Practices

• Non-union Work Environment

• Open Door Policy

• Hiring, Promotions, Transfers

• Recruiting Philosophy/Process

• Pre-Employment Drug Screen

• Pay Periods

• Employment of Non-U.S. Citizens


A. Fair Employment Practices

MarketSpace Capital is an equal opportunity employer. We therefore commit to afford equal

opportunity to all and to promote equal employment and advancement opportunities regardless of

race, color, religion, national origin, sex, age, or disability. This commitment applies to all

conditions of employment, including recruiting, hiring, promotion, training, transfer, demotion,

rates of pay and other forms of compensation, benefits, layoffs and terminations.

B. Non-Union Work Environment

The Company's philosophy is to maintain a union-free work environment, one which assures

responsive recognition to each individual. The Company has accepted the responsibility of

providing safe and compliant working conditions, competitive salaries and benefits, fair treatment

and the personal respect which allows employees to do their best.

C. Open Door Policy

It is the Company's policy to encourage direct communication at all levels of the organization

through an open door policy. Matters relating to conflict resolution or employee relations should

be addressed with an employee's immediate supervisor, or with the second level of management.

MarketSpace Capital provides equal employment opportunity without regard to race, color, sex,

religion, national origin, age or disability. MarketSpace Capital conforms with all applicable federal

and state laws, rules, guidelines and regulations and provides equal employment opportunity in all

employment and employee relations.

MarketSpace Capital assures that all applicants for employment and all MarketSpace Capital

employees are given equal consideration based solely on job-related factors such as qualifications,

experience, performance and availability. Such equal consideration applies to all personnel

actions, including, but not limited to, recruitment, selection, appointment, job assignment,

training, transfer, promotion, merit increases, demotion, termination, pay rates and fringe

benefits. MarketSpace Capital reviews, evaluates and monitors all personnel matters to ensure that

they are in accordance with this policy.

MarketSpace Capital takes seriously, and will investigate promptly and thoroughly, all charges of

alleged discrimination in employment, and informs MarketSpace Capital employees of their rights

in regard to equal employment.

MarketSpace Capital requires its personnel to act in conformity with the principles outlined in this

policy through strict adherence to the above statements and recognizes that the effective

application of equal opportunity in employment must involve more than a non-discriminatory

policy statement. MarketSpace Capital recruits, hires, trains and promotes into all job levels the

most qualified persons without regard to race, color, religion, sex, national origin, age or disability

status.

2. GUIDELINES


MarketSpace Capital takes positive steps to eliminate any discrimination from its personnel practices,

and creates an environment that encourages equal opportunity for all of its employees. MarketSpace

Capital distributes information regarding equal employment opportunities through the employee

handbook, new employee orientation materials, training materials, staff meetings, and various

publications.

D. Hiring, Promotions and Transfers

All employees are hired "at will" and may be terminated at any time, with or without cause.

All positions are to be approved in advance by appropriate Management in accordance with approval

procedures established by the President and the Vice President. The hiring of and promotions to

positions above the salary level of $100,000/year further require the approval of the President.

All new employees will be required to sign documents including, but not limited to, a Confidentiality

Agreement, Conflict of Interest and Business Ethics Agreement, etc. No exceptions to this policy are

allowed without approval of the President or Vice President.

As a general policy, the Company will attempt to fill open positions by internal promotions or

transfers. Candidates will be considered on the basis of their specific aptitude, record of

accomplishments, experience and training. No guarantee of continued employment or future

promotion may be made to any new or current employee. Exempt and non-exempt promotions must be

approved, in advance, in accordance with written approval procedures. Promotions of individuals to

positions earning $100,000 base salary further require the approval of the President.

E. Recruiting Philosophy/Process

The recruiting process begins with a meeting between the Vice President and the company’s manager

for the purpose of discussing job specification, recruitment strategies and hiring procedures.

Job posting is required as per the Job Opportunities Policy. Help wanted advertisements are written

and placed by Personnel in order to maintain consistency in format and content, eliminate the

possibility of duplication, and ensure legal compliance.

Employment agencies are to be used for recruiting purposes only after all other sources for supplying

applicants have been exhausted and when filling a given position is deemed to be critical. The

following procedure is to be used when retaining employment agencies, both contingency and search

types.

1. An employment agency must be approved by the President or Vice President prior to

accepting resumes from the agency.

2. A referral of a candidate from an agency is not recognized as being accepted by MarketSpace

Capital until the resume of the candidate is received by Personnel and date stamped with the

date on which it is received. If a candidate's resume is received from more than one source,

the source whose resume was received first will be the "accepted" one.


3. When an employment agency initiates a contract with any MarketSpace Capital employee

for the purpose of referring candidates, the employee should immediately refer the

employment agency to Personnel. An employee should not accept a resume directly from

an employment agency.

4. Resumes that are sent directly to an employee are to be forwarded to Personnel upon

receipt.

5. Agreements between MarketSpace Capital and employment agencies are to be discussed

and agreed to in writing by the agency and the President.

6. The Personnel Department will maintain a current list of approved agencies.

Interview evaluations should be sent in writing to Personnel for inclusion with the applicant's file.

The manager is responsible for checking references. Personnel is responsible for verification of

credentials where appropriate.

Discussions leading to the selection of an applicant and an offer of employment should involve all

Department Heads. Decisions with respect to position and salary must be approved by the President

or Vice President to extend any offer of employment. Personnel will prepare all offer letters.

An offer of employment should include the following information:

1. Job title.

2. Type of position, i.e., full-time, part-time, variable, etc.

3. Reporting relationship.

4. Salary stated hourly for non-exempt positions and monthly for exempt positions.

5. Relocation allowances where applicable.

6. To whom they are to respond with a decision.

7. Any exceptions to a standard offer.

8. Start date if the verbal offer was accepted at the time it was made.

All employment-related agreements regarding confidentiality, non-compete, business ethics, and the

substance abuse policy must be signed before employment commences.

If a decision is received by someone other than Personnel, the President is to be notified

immediately.


Upon receipt of acceptance, Personnel will send an orientation package to the prospective employee.

Recruiting costs, i.e., advertising, agency fees, applicant travel, and relocation should be sent

directly to the President for approval and processing.

F. Pre-Employment Drug Screen

In applying for a job, a candidate may, upon the Company's reasonable request, as a condition of

employment, be required to complete and pass a urinalysis and/or blood test to determine the

presence of a controlled substance and/or alcohol, as stated in MarketSpace Capital’s drug policy.

G. Pay Periods

Unless otherwise directed, all employees are paid in accordance with schedules established for each

employment classification by Management. Employees are to be paid on a monthly basis.

H. Employment of Non-U.S. Citizens

In accordance with the Immigration Reform and Control Act of 1986, the Company will hire only

those persons who are authorized to work in the United States. All individuals who are offered

employment will be required to complete and sign an Immigration and Naturalization Service Form I-

9 and provide supportive documentation on their first day of employment. If not received within the

first three days, the employee is ineligible for continued employment.


• Work at least 40 hours per week.

• Receive approval from their immediate supervisor.

• Arrive promptly and participate in all scheduled meetings with their supervisors, peers and

clients.

• Keep their supervisors and secretary informed of their exact hours.

• Keep designated schedules, such as 8:30 a.m. to 4:30 p.m.

Other work schedules can be approved as necessary, for limited periods of time. Lunch is normally

taken between 12:00 noon and 1:00 p.m., but this may vary with permission from one's supervisor and

notification of one's secretary, as long as all obligations are met.

All employees must sign the “employee sign-in sheet” every day when reporting to work in the

morning, as well as when they leave the premises. The time must also be logged in. The “sign- in” sheet

will be located at the front desk.

A. Entrances to MSC:

MarketSpace Capital offices are unlocked during regular business hours Monday through Friday.

Employees who need to lock or unlock doors during other times are provided with the appropriate

keys, with approval from their supervisors. It is the responsibility of all employees to see that all entry

doors are kept secure before and after official business hours.

2. ACCESS TO MarketSpace Capital OFFICES

POLICY 006 OFFICE PROCEDURES

1. OFFICE HOURS

The Company recognizes slightly different

hours are more suitable for some

employees. Supervisors can approve "flex"

time. Employees can start work between

6:30 am and 8:30 a.m. and may complete

their workday between 4:30 p.m. and 6:30

p.m. Monday through Thursday, and

between 10:30 a.m. and 12:30 p.m. on

Friday, provided they meet all of the

following conditions:

All regular, full-time employees of

MarketSpace Capital are scheduled to work

a minimum of 40 hours per week. Most

employees work Monday through Friday

8:30 a.m. to 4:30 p.m.

MARKETSPACE CAPITAL | EMPLOYEE HANDBOOK

B. Office Closing:

Due to the nature of our business, all offices should remain open and functional, whenever possible,

during periods of severe weather or other unusual circumstances. For those employees who may miss

work during such situations (either an entire or partial day), the following alternatives govern pay for

this time:

1. The time missed may be made up shortly thereafter, normally within the same week, unless

approved by management, or

2. If possible, and approved by the supervisor, the employee may be given the opportunity to

work at home, or

3. Leave Bank or Comp. Time Bank (if available) may be used by those employees who have

time accrued, or

4. Unpaid leave may be taken.

Employees are encouraged to exercise additional care during these circumstances, and our managers

are expected to be reasonable when handling an employee's request to leave early or arrive late during

severe weather.

C. Tele-Commuting

The Company recognizes that there are occasional times when an employee may need to work at

home. Such exceptions will require the Manager's approval.

All visitors must be directed to the main receptionist. This will prevent unauthorized strangers from

entering the building and jeopardizing security of all employees. All visitors must be met at the front

desk by a MarketSpace Capital employee and escorted to the meeting area. Meetings should be held in

the conference room. All visitors, including manufacturer's representatives, must be kept out of the

working areas unless previous arrangements have been made with your immediate supervisor.

The Receptionist will receive all deliveries and pickups. Delivery personnel must not enter the work

area unless they have received permission from the Office Manager.

3. VISITORS

4. OFFICE CLOSINGSThe Company's policy and procedures for office

closings are described as below.

In the event of snow, sleet, ice storms or power

outages, the office will be open for business. However,

these conditions may create problems at an employee's

home (e.g. power outage) or impair an employee's

ability to give both family and personal safety-first

consideration. Do not take unnecessary chances.

Employees must notify their supervisor if they are

unable to come to work.


Time sheets must be filled in accurately every day. The time sheets must show the employee's name

and number, the time period, project names and numbers and regular and overtime hours worked.

Time sheets must be accurately completed. Supervisors instruct new employees regarding:

• Project numbers to use for each project and each activity.

• Minimization of overhead hours.

Time sheets must be turned in for approval to Accounting by 11:30 a.m. every Friday. In the event of

holidays, Accounting will inform employees as to when timesheets are due.

Failure to turn in timesheets can result in employees not getting paid.

Employees who are considered exempt under the Fair Labor Standards Act and receive compensation of

up to $34,999.00 per year will receive "straight time" overtime.

Firm members who are considered exempt under the Fair Labor Standards Act and receive

compensation of $35,000.00 or above are not compensated for overtime.

Firm members who are considered non-exempt under the Fair Labor Standards Act will receive one and

one half times their hourly rate for hours worked in excess of forty (40) hours per week. Overtime

hours worked must be approved by your supervisor.

Employees are paid bi-weekly for hours worked the previous weeks. The Accounting Department will

distribute paychecks.

When employees know they will be out of the office on paydays, they can ask Accounting to mail their

checks.

Employees who have in-person contact with clients and potential clients will be issued business cards.

To receive business cards, an employee completes an appropriate requisition form and then has it

approved by their supervisor.

For paper, writing materials, and other frequently used office supplies; employees can obtain items

from their secretary. The secretary is responsible for replenishing standard items and special orders.

The secretary then obtains the approval (or denial) from the designated office manager.

5. TIME SHEETS

6. OVERTIME

7. PAY PERIOD AND PAYCHECKS

8. BUSINESS CARDS

9. PURCHASING AND SUPPLIES & EQUIPMENT


Travel, whether it is reimbursable or non-reimbursable, must be approved by the project's Project

Manager. Once travel is approved, employees should contact the executive secretary for travel

arrangements.

Employees should make economical and sensible selections as though they are paying for all expenses

themselves. Remember that clients and Company accountants review reimbursable expenses. Air travel

should be coach, hotels should not exceed mid-range and meals should be moderate. For some projects,

clients or MarketSpace Capital Project Managers set per diem, which must be followed.

MarketSpace Capital has a corporate contract to rent vehicles. When costs are lower, other rental

agencies may be used.

All optional insurance items should be declined.

Employees are personally responsible if they violate any laws, including traffic violations. The

Company will not reimburse any employee for any traffic tickets or fines.

To enable employees to pay for out-of-pocket business expenses during a trip, travel advances can be

obtained. These should be requested from Accounting at least four working days prior to trips. The

project manager must approve travel advances.

Employee travel advances received by an employee will be repaid immediately after employee travel is

completed. Employees must submit an Expense Report or repay the advance. Employee travel advances

will be deducted from amounts owed to the employee for Expense Reports submitted to Accounting.

Employees not submitting Expense Reports to Accounting which have a value in excess of employee

travel advances that have been outstanding for more than 28 days will not receive new employee travel

advances.

Employees not submitting Expense Reports to accounting which have a value in excess of employee

travel advances that have been outstanding for more than 45 days will have the excess deducted from

their next regularly scheduled paycheck(s) until the outstanding employee travel advance(s) are repaid

in full.

Employee travel advances received by the employee should not be included on the cash advance line of

the Expense Report form. The advances will automatically be deducted from the employee's next

Expense Report reimbursement. The employee travel advance reduction will be identified on the stub of

the employee's reimbursement check by the date and amount of the advance.

10. TRAVEL

11. TRAVEL ADVANCES


Project related travel time is billable whenever possible. All travel time should be recorded, from time

of departure to time of arrival. Employees are encouraged to be productive during travel when it does

not interfere with safety (e.g., on airplanes).

When an employee is required to travel to another country on Company business, the cost of

passports, visas, and inoculations will be paid by MarketSpace Capital.

Expense reports shall be submitted directly after travel is complete (no later than one week) to the

Project Managers. The employee's immediate Supervisor and or Project Manager must approve all

completed expense reports. Employees shall be reimbursed in accordance with existing expense

guidelines for all expenses incurred in the performance of official business duties or for attendance at

authorized meetings, upon submission of a detailed expense account report with receipts attached as

appropriate and approved by the Office Manager. MarketSpace Capital will not normally reimburse any

travel expenses for spouses of employees.

12. EXPENSE REPORTING

Reimbursement expenses should have as their primary purpose the conducting of MarketSpace Capital

business. Good judgment is expected to be employed in determining whether the expenses should be

charged to MarketSpace Capital.

When it is necessary to travel by air, MarketSpace Capital will pay for employees to fly coach class.

Employees are expected to take advantage of any discount flight schedules, when possible.

Transportation to and from out of town will be paid. Whenever practical, employees should use the

least expensive form of transportation. Employees may rent vehicles while out of town only if suitable

transportation is unavailable or under other conditions, such as:

13. REIMBURSABLE EXPENSES

• It is impossible for the employee to stay in the

same location as the business meeting or other

project activities.

• If the trip involves visiting more than one

location.

14. TELEPHONE MarketSpace Capital switchboards are normally open from 8:30 a.m. to 5:30 p.m Monday through

Friday. Calls to the MarketSpace Capital office before switchboard hours, weekends and holidays are

answered by the voicemail system.


MarketSpace Capital has a no smoking policy, which includes cigarettes, cigars and pipes. This extends

to offices, elevators, lobbies, conference rooms, etc. Certain outdoor areas may be designated as

smoking areas.

As representatives of MarketSpace Capital, employees should remember that their appearance is a

direct reflection on the level of professionalism in the company. For this reason, all employees shall

follow these basic minimum guidelines in regard to dress and personal appearance. Management may

impose additional appropriate standards.

• Employees in positions that require contact with the general public (clients or customers)

should dress in a manner that is in keeping with the accepted standards of professional office

attire. Suits, sport coats, ties, and slacks are preferred dress for men. Slacks, dress shirts, and

ties are also acceptable. Suits, dresses, skirts and blouses, and pantsuits are preferred

dresses for women. Dress slacks are also acceptable.

• Employees in positions that do not require direct contact with the public (clients or

customers) should still dress suitably for a professional office environment. Even though the

essential functions of an employee’s job may not involve direct contact with the public, being

housed in a building where members of the public (clients or customers) visit constitutes

direct contact. Sweatshirts, leggings, cutoffs, revealing clothing, hot pants, halter tops,

visible body piercing (i.e., nose, eyebrow and tongue rings) and tattoos are not appropriate.

• Footwear should also be appropriate for a professional office environment. Acceptable items

include oxfords, loafers, pumps, boots, flats, sport shoes and tennis shoes. Flip- flops or

other casual footwear are not appropriate. Open sandal-type footwear requires the wearing of

socks or hosiery.

• If an employee requires reasonable accommodation regarding their dress for bona fide

religious reasons, they should contact their supervisor. Unless an undue hardship would

result, such an accommodation will be made.

• Employees who refuse to comply with MarketSpace Capital’s reasonable standards of dress

can be sent home to change into more appropriate attire. Repeated violation of this policy

can lead to disciplinary action up to and including termination.

An employee who is in doubt about the appropriateness of a particular mode of dress should consult

their supervisor or manager in advance. Supervisors are charged with the responsibility of enforcing

this policy.

15. SMOKING

16. DRESS CODE


This policy sets forth MarketSpace Capital (Company)

policy regarding use, access to and disclosure of all

electronic communications such as; electronic mail

messages (e-mail), facsimile messages, phone mail

communications (voice-mail) sent or received by

employees and other communications including

Internet access with the use of Company systems.

This policy cannot state rules to cover every possible

situation. Instead, this policy expresses the Company's

philosophy and sets forth general principles to be

applied in the use of electronic communications media.

POLICY 007 ELECTRONIC COMMUNICATIONS POLICY

1. PURPOSE

The Company has a responsibility to inform its employees of their rights and responsibilities regarding

the use and access of email, facsimile communications and Internet systems. Internet access, e-mail and

facsimile systems have been installed in the Company's offices to facilitate business communications

and such systems offer many advantages to employees, the Company and our clients.

All e-mail messages are considered Company records. Therefore, the Company reserves the right to

access and disclose, as necessary, all messages sent over its systems without regard to content and

without an employee's permission. Employees should not assume that such messages or attached files

sent by e-mail systems are confidential or private, even if marked "personal" or accessed via a password,

as these passwords are Company property. Since e-mail messages are Company records, these messages

can be accessed for business reasons or used in the discovery process for potential litigation claims.

The Company provides these systems to assist employees in the performance of their jobs. Therefore,

the Company expects that an employee's use of electronic communications media will be for official

Company business only and used by the employee in a responsible and productive manner.

The use of MarketSpace Capital’s automation systems, including computers, fax machines and all forms

of Internet/Intranet access, is for company business and is to be used for authorized purposes only.

Brief and occasional personal use of the electronic mail system or the Internet is acceptable as long as it

is not excessive or inappropriate, occurs during personal time (lunch or other breaks, or before or after

regular work hours), and does not result in expense to MarketSpace Capital.

2. POLICY STATEMENT FOR EMAIL, FACSIMILE COMMUNICATIONS AND INTERNET

SYSTEMS


Use is defined as “excessive” if it interferes with normal job duties, responsiveness, or the ability to

perform daily job activities. MarketSpace Capital automation systems are company resources and are

provided as business communication tools. Electronic communication should not be used to solicit or sell

products, distract co-workers, or disrupt the workplace.

Using company automation systems to create, view, transmit or receive racist, sexist, threatening or

otherwise objectionable or illegal material is strictly prohibited. “Material” is defined as any visual,

textual or auditory entry. Such material violates MarketSpace Capital’s anti-harassment policies and is

subject to disciplinary action. MarketSpace Capital’s electronic mail system must not be used to violate

the laws and regulations of the United States of any other nation to state, city, province or other local

jurisdiction in any way. Use of company resources for illegal activity can lead to disciplinary action up to

and including termination and criminal prosecution. Unless specifically granted in this policy, any non-

business use of MarketSpace Capital’s automation systems is expressly forbidden. Violations of these

policies could subject an employee to disciplinary action up to and including termination.

A. Ownership and Access of Electronic Mail and Computer Files: MarketSpace Capital

owns the rights to all data and files in any computer, network or other information system used in

the company. MarketSpace Capital also reserves the right to monitor electronic mail messages and

their content. Employees must be aware that the electronic mail messages that they send and

receive using MarketSpace Capital equipment are not private and are subject to viewing,

downloading, inspection, release and archiving by MarketSpace Capital officials at all times. No

employee may access another employee’s computer, computer files or electronic mail messages

without prior authorization from either the employee or an appropriate MarketSpace Capital

official.

B. Confidentiality of Electronic Mail: As noted above, electronic mail is subject at all times

to monitoring and the release of specific information is subject to applicable state and federal laws

and company rules, policies and procedures on confidentiality. Existing rules, policies and

procedures governing the sharing of confidential information also apply to the sharing of

information via commercial software. Since there is the possibility that any message could be

shared with or without your permission or knowledge, the best rule to follow in the use of

electronic mail for non-worker related information is to decide if you would post the information

on the office bulletin board with your signature.

It is a violation of MarketSpace Capital policy for any employee, including system administrators and

supervisors, to access electronic mail and computer systems files to satisfy curiosity about the affairs of

others. Employees found to have engaged in such activities will be subject to disciplinary action.


C. Message Tone for Electronic Mail: Company employees are expected to communicate

with courtesy and restraint with both internal and external recipients. Electronic mail should

reflect the professionalism of the company and should not include language that could be

construed as profane, discriminatory, obscene, sexually harassing, threatening or retaliatory.

Typographical or grammatical errors and misspelled words are also unacceptable; employees

should remember that e-mail is a form of business communication and the language they use

should reflect that fact at all times. It is recommended that using all capital letters, shorthand,

idioms, unfamiliar acronyms and slang be voided when using electronic mail.

D. Electronic Mail Tampering: Electronic mail messages received should not be altered

without the sender’s permission nor should electronic mail be altered and forwarded to another

user and/or unauthorized attachments be placed on another’s electronic mail message.

This policy applies to all uses of the Internet, but does not supersede any state or federal laws or

company policies regarding confidentiality, information dissemination or standards of conduct. The

use of MarketSpace Capital automation systems is for business purposes only. Brief and occasional

personal use is acceptable as long as it is not excessive or inappropriate, occurs during personal time

(lunch or other breaks) and does not result in expense to MarketSpace Capital. Use is defined as

“excessive” if it interferes with normal job functions, responsiveness or the ability to perform daily job

activities. Examples of inappropriate use are defined in “Inappropriate Use of the Internet/Intranet”

found below. MarketSpace Capital’s managers will determine the appropriateness of the use and

whether such use is excessive.

The Internet is to be used to further MarketSpace Capital’s mission to provide effective service of the

highest quality to MarketSpace Capital’s customers and staff and to support other direct job-related

purposes. Supervisors should work with employees to determine the appropriateness of using the

Internet for professional activities and career development. The various modes of Internet/Intranet

access are MarketSpace Capital resources and are provided as business tools to employees who may

use them for research, professional development and work-related communications. Limited personal

use of Internet resources is a special exception to the general prohibition against the personal use of

MarketSpace Capital computer equipment and software.

3. POLICY STATEMENT FOR INTERNET/INTRANET BROWSER(S)


Employees are individually liable for any and all damages incurred as a result of violating company

security policy, copyright and licensing agreements. All MarketSpace Capital policies and procedures

apply to employees’ conduct on the Internet, especially, but not exclusively, relating to: intellectual

property, confidentiality, company information dissemination, standards of conduct, misuse of

company resources, anti-harassment and information and data security. Violation of these policies

and/or state and federal laws can lead to disciplinary action up to and including dismissal and possible

criminal prosecution.

A. Inappropriate Use of Internet/Intranet: Use of MarketSpace Capital computers,

networks and Internet access is a privilege granted by management and may be revoked at any

time for inappropriate conduct including, but not limited to:

• Sending chain letters;

• Engaging in private or personal business activities;

• Misrepresenting oneself or MarketSpace Capital;

• Engaging in unlawful or malicious activities;

• Using abusive, profane, threatening, racist, sexist or otherwise objection language in

either public or private messages;

• Sending, receiving or accessing pornographic materials;

• Becoming involved in partisan politics;

• Causing congestion, disruption, disablement, alteration or impairment of MarketSpace

Capital networks or systems;

• Using recreational games; and/or

• Defeating or attempting to defeat security restrictions on company systems and

applications.

Harassment of any kind is prohibited. No messages with derogatory or inflammatory remarks about an

individual's or group's race, religion, national origin, physical attributes or sexual preference shall be

transmitted.

B. Internet/Intranet Security: MarketSpace Capital owns the rights to all data and files in

any information system used in the company. Internet use is not confidential and no rights to

privacy exist. MarketSpace Capital reserves the right to monitor Internet/Intranet usage, both as

it occurs and in the form of account histories and their content. MarketSpace Capital has the right

to inspect any and all files stored in private areas of the network in order to assure compliance

with policy and state and federal laws. MarketSpace Capital will comply with reasonable requests

from law enforcement and regulatory agencies for logs, diaries, archives or files on individual

Internet activities. Existing rules, policies and procedures governing the sharing of work-related

or other confidential information also apply to the sharing of information via the

Internet/Intranet. MarketSpace Capital has taken necessary actions to assure the safety and

security of our network. Any employee who attempts to disable, defeat or circumvent

MarketSpace Capital security measures is subject to disciplinary action up to and including

dismissal.


The Company complies with U.S. Copyright Laws. Use of the Company's electronic systems to send or

receive computer software or documentation that is in violation of U.S. Copyright Laws is prohibited. If

a Company employee is aware of software or documentation copyright infringements, that employee

must immediately contact the President.

Employees who violate this policy may be subject to disciplinary action up to and including

termination. All violations should be reported to the President. If necessary, the Company will advise

appropriate legal officials of any illegal violations.

4. COPYRIGHT ISSUES

5. VIOLATIONS


I acknowledge that all electronic communications systems and all information received from, transmitted

by or stored in these systems are and will remain MarketSpace Capital’s property. I also acknowledge that

these systems are to be used only for job-related purposes, not for personal purposes. I have no personal

privacy right or any expectation of privacy in connection with my use of this equipment or with the

receipt, transmission or storage of information in MarketSpace Capital’s equipment.

I agree not to access a file, use a code or retrieve any stored communication unless I am authorized to do

so. Further, I agree to disclose messages or information from electronic communications systems only to

authorized individuals. I acknowledge and consent to MarketSpace Capital’s monitoring my use of this

equipment at its discretion, at any time. MarketSpace Capital’s monitoring may include printing out and

reading all electronic mail leaving, entering or stored in these systems. I further agree to abide by

MarketSpace Capital’s policy prohibiting the use of the internet and electronic communication systems to

transmit offensive, lewd, racist or sexist. I have been clearly informed that violation of this policy can

lead to disciplinary action up to and including immediate termination.

X

INTERNET AND COMPUTER USAGE POLICY ACKNOWLEDGMENT FORM

Employee Signature Date


POLICY 008

To provide guidelines on the code of conduct for employees in the workplace.

All personnel are expected to abide by general rules of conduct based on acceptable performance,

honesty and fair play. Poor job performance or conduct that is dishonest, immoral or illegal will not be

tolerated.

The following are examples of violations to the Company's general rules of conduct which may subject

the offender to disciplinary action, up to and including termination of employment. The Company

reserves the right to appropriately discipline employees for other forms of misconduct not specifically

listed below.

• Serious violations of law or environmental regulations while on Company time and business or

in conflict with the Company's interest.

• Violating safety, regulatory, security or sanitation rules and regulations or policies of the

Company or its customers.

• Possessing unauthorized alcohol on Company premises; working while under the influence of

alcohol; possessing, selling, consuming or working under the influence of illegal drugs on the

Company's or its customers' premises or on Company time.

• Theft, abuse or defacing of the Company's or its customers' property or records, or the

belongings of a fellow worker.

• Striking or physically assaulting another employee, or harassing a fellow employee, including

sexual, racial or religious harassment.

• Possessing firearms or unauthorized weapons on the Company's or its customers' premises,

including in cars in Company parking lot.

• Gambling on the Company's or its customers' premises.

• Insubordination or willful and unjustified refusal to carry out legitimate instructions or orders

of Management.

• Unauthorized use of Company credit cards, unauthorized use or abuse or diversion of Company

property or assets.

CONDUCT IN THE WORKPLACE

1. PURPOSE

2. GUIDELINES


• Falsifying personnel, attendance, timekeeping, insurance, expense claims, or other official reports

or records.

• Disclosing business information of a confidential nature to unauthorized persons.

• In order to promote a productive work environment, the Company encourages all employees to

observe regular attendance habits and to avoid tardiness. While occasional absences for illness or

personal business are understood, excessive absenteeism and/or tardiness is considered a

performance problem and will be grounds for corrective action. Employees may be required to

provide a doctor's certificate for prolonged absences due to illnesses of more than three

consecutive days. An unreported absence of more than three consecutive workdays will be

considered a resignation of employment with the Company.

• Completing another employee's time sheet or repeated failure to submit personal time sheets on

a timely basis.

• Solicitation or distribution of any unauthorized material on Company premises by an employee

of another employee is prohibited while either person is on working time.

• Solicitation by non-employees on Company premises is prohibited at all times.

• Distribution by employees of advertising material, handbills or other literature is prohibited on

working time and on Company premises at all times. Distribution of literature by non-employees

on Company premises is prohibited at all times.

• Performing unauthorized activities of a personal nature during working hours.

• Excessive use of the Company's telephones or other electronic or computer-based equipment for

personal use.

• Working on the Company's or its customers' premises for personal purposes or using the

Company's or its customers' tools, assets or personnel for personal projects.

• Commercial bribery or other conduct which is contrary to good business ethics or law.

• Engaging in work or accepting payments which can be construed by Management as being in

conflict with the business interests of the Company.

• Participating in any action which may be construed as detrimental to the Company or to its

employees.

• Reporting Suspected Improper Conduct - While managers are responsible for the conduct of

their employees under their supervision, other managers or non- supervisory personnel may

become aware of a suspected incidence of improper conduct. Employees are encouraged to

report such incidences. This should include detailed information about the suspected

violation. The sequence of reporting should be to management. If the matter is not resolved,

suspected incidences of improper conduct should be reported to the Department Head.

Management is expected to conduct an investigation of the facts. Where warranted, as a

result of the investigation, immediate corrective action is to be identified.

MarketSpace Capital expects all employees to conduct themselves in a professional manner during their

employment. This includes practicing good attendance habits. All employees should regard coming to

work on time and leaving at the scheduled time as essential functions of their jobs, i.e., good

attendance habits are an integral part of every employee’s job description.

3. ATTENDANCE


Among other things, “good attendance habits” include the following:

• Being at work on time.

• Remaining at your workstation unless the needs of the job require you being elsewhere.

• Taking only the time normally allowed for breaks.

• Remaining at work during the entire day, unless excused by a supervisor or manager.

• Not leaving work until the schedule end of the day unless excused by a supervisor or manager.

• Leaving promptly at the end of the day unless you have been given advance permission by your

supervisor or manager to work past closing.

• Calling in and personally notifying your supervisor or another member of management if you

are going to be either absent or tardy, unless a verifiable emergency makes it impossible for you

to do so.

Under some circumstances, an employee’s absence or tardiness may be excused, but only if that

employee gives proper notice of such a problem before the start of the day. MarketSpace Capital needs

advance notice of attendance problems so that other arrangements can be made to cover an

employee’s absence, if necessary. “Proper notice” means that the employee will call MarketSpace

Capital at (281)766 9784 prior to the start of the day and personally notify their supervisor or another

member of management about the problem, unless a verifiable emergency makes it impossible to do

so.

It is not sufficient to call in and leave a message with a co-worker or someone else who is not in a

supervisory position. Office staff have been instructed to route all such calls to supervisory

personnel. All supervisors and managers have been advised to make themselves available to take calls

such as these, so you will be able to reach an appropriate supervisor or manager to advise of your

attendance problem. If you fail to give proper notice of attendance problems in advance as explained

in this policy, you may be subject to disciplinary action, up to and possibly including discharge.

If you are absent without notice for three days in a row, you will be considered to have abandoned

your job and MarketSpace Capital will process your work separation as a voluntary resignation on your

part.

4. GIVING NOTICE OF ABSENCE OR TARDINESS


Any employee of MarketSpace Capital who is absent from the workplace for six consecutive months

will be terminated. No leave of absence may exceed six calendar months for any reason. The six-month

period does not include approved leave taken under the Family and Medical Leave Act (FMLA). This

policy applies to all MarketSpace Capital employees, regardless of the reason(s) for their absence from

work. If a MarketSpace Capital employee remains on leave of absence in excess of six months, they will

be terminated, regardless of the reason for their absence.

Decisions regarding MarketSpace Capital employees who are covered by the Americans with Disabilities

Act (the ADA) and require as a reasonable accommodation a leave of longer than six consecutive

months will be made based on medical documentation provided by the employee’s healthcare

provider; such decisions will be made on a case by case basis. Before returning to work after a medical

leave of absence, all MarketSpace Capital employees must provide written certification from their

physician that they have been medically released to return to work.

5. NO FAULT LEAVE OF ABSENCE POLICY

6. WORKPLACE VIOLENCE POLICY MarketSpace Capital has a zero tolerance policy for violence in the workplace. "Workplace violence" is

defined to include:

• Physically aggressive, violent or threatening behavior, such as attempts to instill fear in others or

intimidation;

• Verbal or physical threats of any sort;

• Any other conduct that suggests a tendency toward violent behavior. Such

• Behavior includes, but is not limited to, excessive arguing, profanity, threats of

• Sabotage of MarketSpace Capital property, belligerent speech or a demonstrated pattern of

• Insubordination and refusal to follow MarketSpace Capital policies and procedures;

• Causing physical damage to MarketSpace Capital’s facilities or defacing company property; or

• Carrying firearms or weapons of any type or kind onto MarketSpace Capital premises, including

the MarketSpace Capital Parking lot, or while conducting MarketSpace Capital.

If any MarketSpace Capital employee becomes aware of, or observes any of, the above-referenced

behavior or actions by a co-worker, consultant, customer, third party vendor, visitor, or any other

party, he or she should notify his/her supervisor, any member of management, and/or the personnel

department immediately. Employees should notify the personnel department if they are aware of any

restraining orders that are in effect, or the existence of any other non-work-related situation with the

potential to erupt into workplace violence.

All reports of violence in MarketSpace Capital’s workplace will be taken seriously and will be

investigated thoroughly and promptly. To the extent possible, MarketSpace Capital will keep the

identity of the reporting employee confidential. However, under certain circumstances, MarketSpace

Capital may need to disclose the reporting employee's identity (for example, to protect that

individual's safety). MarketSpace Capital will not tolerate retaliation, in any form, against an employee

who makes a report of workplace violence.


If, after a thorough investigation, MarketSpace Capital determines that workplace violence has

occurred, appropriate corrective action will be taken, and discipline will be imposed on the offending

employee(s). The level of appropriate discipline will depend on the facts in each case, and may include

oral or written warnings, reassignment of responsibilities, probation, suspension, or termination. If a

non-employee is responsible for the violent activities, MarketSpace Capital will take corrective action

to ensure that such behavior is not repeated.

MarketSpace Capital does not allow any job applicant, employee, contractor, subcontractor, vendor,

agent or representative to possess, use, conceal, carry or maintain a concealed weapon or handgun on

MarketSpace Capital’s premises. Such premises include any portion of the building in which

MarketSpace Capital is housed, any private or public driveway, parking lot, sidewalk, street, parking

garage or any other parking area used in connection with MarketSpace Capital’s business, and any

vehicle used, owned or leased by MarketSpace Capital. MarketSpace Capital also prohibits the carrying

of a weapon or concealed handgun on your person or property while you are rendering any services or

attending any event or function relating to your employment with MarketSpace Capital or conducting

any business on the company's behalf. This prohibition includes carrying or maintaining a concealed

weapon or handgun. in any vehicle used in connection with your employment or brought onto

MarketSpace Capital’s premises.

If MarketSpace Capital has a reasonable suspicion, at any time, that a concealed handgun or weapon

has been maintained, carried or stored in violation of this policy, MarketSpace Capital reserves the

right to conduct a reasonable search of the person, work area, personal items or any vehicle in the

possession, or subject to the control, of such person to investigate whether or not a prohibited weapon

is present. Any employee who witnesses the concealment or possession of a weapon or who witnesses

a physical or verbal assault involving another person should report it to their supervisor or the

personnel department immediately. Violating this policy, or refusing to consent to a reasonable search

conducted pursuant to this policy, may lead to discipline up to and including termination. Compliance

with this policy is also a term and condition of continued employment with MarketSpace Capital.

7. CONCEALED WEAPONS POLICY


I acknowledge that I have received, read and understand a copy of MarketSpace Capital’s No Weapons

Policy. By signing this acknowledgment, I agree to adhere to the terms of the policy as a condition of

my employment with MarketSpace Capital. I also acknowledge that my employment is at will, meaning

that it is of indefinite duration and may be terminated at any time, with or without advance notice, for

good cause, bad cause or no cause at all. I further acknowledge that if I fail to adhere to this policy, I

may be subject to disciplinary action up to and including immediate termination without prior

warning.

In connection with the enforcement of MarketSpace Capital’s No Weapons Policy, I give my consent to

MarketSpace Capital conducting reasonable searches for weapons prohibited by this policy, including,

but not limited to, searches of my person, any locker, desk or storage area provided for me to use by

MarketSpace Capital, any personal belongings in my possession while on MarketSpace Capital premises,

or while conducting business on behalf of MarketSpace Capital, regardless of whether I am on

MarketSpace Capital’s premises, including, but not limited to, purses, handbags, briefcases, and/or

back packs, and/or any vehicle I have possession of while on MarketSpace Capital’s premises,

including, but not limited to, any vehicle I own or use and/or any vehicle owned, leased or financed by

MarketSpace Capital or used by MarketSpace Capital to transport its goods or products.

X

ACKNOWLEDGMENT, CONSENT AND RELEASE FORM FOR MARKETSPACE

CAPITAL’S NO WEAPONS POLICY



I acknowledge that I have received, read and understand MarketSpace Capital’s policy regarding

reasonable workplace searches. By signing this acknowledgment, I agree to adhere to the terms of the

policy as a condition of my employment with MarketSpace Capital. I also acknowledge that my

employment is at will, meaning that it is of indefinite duration and may be terminated at any time, with

or without advance notice, for good cause, bad cause or no cause at all. I further acknowledge that if I

fail to adhere to this policy, I may be subject to disciplinary action up to and including immediate

termination without prior warning.

I understand that the purpose of this policy is to allow MarketSpace Capital to monitor compliance with

reasonable work and safety rules and that all employees are subject to the policy. If a search is

requested, it is not an accusation of theft or other wrongdoing; it is merely part of a company

investigation.

I understand that a search may include the employees, their work areas, lockers, vehicles if driven or

parked on company premises or used on company business, and any other personal items brought

onto MarketSpace Capital’s premises. All of the aforementioned areas are subject to search at any time.

If MarketSpace Capital allows employees to have lockers or other storage areas, MarketSpace Capital

will either furnish the lock and keep a copy of the key or combination, or allow the employee to furnish

a personal lock; however, in that event, the employee must provide MarketSpace Capital with a copy of

the key or combination.

I understand that refusal to submit to a search may lead to immediate termination. I hereby release and

hold harmless MarketSpace Capital, its affiliates or subsidiaries from any and all liability, including

liability for negligence, associated with any search undertaken pursuant to this policy and/or with the

enforcement of this policy.

X

ACKNOWLEDGEMENT, CONSENT AND RELEASE FORM REGARDING

REASONABLE WORKPLACE SEARCHES



POLICY 010 EMPLOYEE "BETTER WAY" PROGRAM

1. PURPOSE The purpose of this program is to encourage

employees to provide suggestions on how

MarketSpace Capital can reduce costs and improve our

performance as a Company.

It is the policy of MarketSpace Capital that the “Better

Way” Program provide a cash incentive to employees

who offer suggestions to improve productivity and

result in economic savings or better quality of service.

In order to participate in this program, employees

should provide a detailed summary of a suggestion,

which offers ideas or a method to improve the overall

performance of the Company as well as improve the

performance of an employee in his/her job. A “Better

Way” form should be submitted to the President. All

“Better Way” suggestions will be considered. In

addition, all "suggestors" will be informed of":

A. The estimated benefit(s) of a specific

suggestion;

B. The reason or reasons a suggestion can or

cannot be implemented; and

C. The possible cash award being offered.

Attached is an example "Better Way" form.


Here is how we are currently doing it: (Briefly describe procedure, form, etc. being

used now.)

My idea for a better way is: (Describe your idea.)

The benefit of this better way will be: (Describe the benefits.)

Name: Date:

EMPLOYEE "BETTER WAY" PROGRAM


POLICY 011

MarketSpace Capital will send flowers upon hospitalization of the following:

• Employees

• Immediate family of employees and spouses, i.e., children (including foster children)

• Designated Clients

All employees are to respect the confidences placed in the Company by our clients. The professional

relationship between each client and the Company demands that there be no disclosure of any

information about projects without proper authorization. This includes responses to inquiries about

projects or potential projects from the press, contractors, other professionals or the public. Similar

respect should be given to our relationships with professional consultants.

Employees are also expected to maintain Company confidences entrusted to them through the course

of their work.

It is the responsibility of each employee to avoid situations which might result in a conflict of interest.

To avoid unnecessary and unwarranted problems, employees are encouraged not to accept gifts of

significant value from vendors, consultants or other such business acquaintances.

ADMINISTRATIVE

1. ACKNOWLEDGEMENT OF DEATH OR ILLNESS

2. CONFIDENTIALITY

3. CONFLICTS OF INTEREST/ACCEPTING GIFTS

Because of the uncertainties of business, an employee may be involuntarily terminated (laid off) for

reasons such as:

• Downturn in work load, resulting in fewer employees needed.

• Change in work load, resulting in employees needed with different skills.

The Company recognizes that employees need to know their status and need to prepare for their

future. Therefore, whenever feasible, employees are notified two weeks before they are laid off.

4. LAYOFFS


An employee who wishes to leave MarketSpace Capital is required to submit a letter of resignation to

one’s supervisor at least two weeks prior to the desired date of departure.

Once the letter of resignation is received, the employee is not eligible to exercise any accrued vacation

time. The last two weeks will be focusing on the transition of their work load and completing any

projects. Upon any resignation, the Company reserves the right to ask the employee to leave

immediately. The employee may be compensated for two weeks, depending upon position and amount

of notice given.

5. VOLUNTARY TERMINATION (RESIGNATION)

POLICY 012 CORRECTIVE ACTION POLICY

1. PURPOSE 2. POLICY

To provide a fair and

equitable system to identify

and handle unsatisfactory

work performance and other

work-related issues, identify

a method of positive

corrective action and

minimize the Company's

potential exposure to

liability.

It is the policy of the Company to be fair and equitable in the

development of Company Corrective Action procedures and their

application to all employees. The implementation of these

procedures is the responsibility of the individual managers and

supervisors. Recognizing that a great deal of independent

judgment is required by each manager and supervisor in the

proper application of these procedures, we must implement the

policy in a consistent manner. Consistency is necessary because

the Company wants to provide constructive correction actions in a

fair and equitable manner, as well as comply with laws and

regulations that might govern these actions.

A. Approval Sequence: The Vice President is responsible for providing counsel, assistance and

recommendations to individual managers and supervisors, when developing a corrective action plan

and disciplining an employee. He should be involved in all aspects of employee discipline, from the

written step, up to and including termination. The ultimate responsibility for initiating this process,

however, rests with line management.

The goal is to provide employees with the opportunity to improve performance. Certain circumstances,

however, may be serious enough to warrant immediate termination. Generally, prior to any formal

written action, discussions between the employee and manager should take place. Identify deficiencies

in performance and the methods by which the employee may improve performance. Supervisors

should document any performance-related discussions for possible future reference. This

documentation should be kept in the employee's official personnel file.

If a corrective action plan is to be given, the document is developed and written by the initiating

manager and submitted to the Vice President for review and recommendations in advance of the

discussion with the employee.

3. PROCEDURE


B. Review with Employee: The employee subject to the corrective action procedure must have a

private interview with his/her manager to discuss the specific areas of unacceptable performance

and/or inappropriate conduct. This interview should include specific dates, times, and items of

substandard performance and/or behavior. (Such specifics can include absenteeism, the untimely

completion of work, significant errors in judgment, failure to complete assignments, etc.) This

interview should not be a general comment that the employee's performance is inadequate. The memo

and discussion should include detailed information or examples of what is unsatisfactory, how this

affects the department/sales/performance, etc. and what is the expected performance level.

After discussing these items with the employee, the manager should request the employee sign the

previously approved written memorandum acknowledging that those subjects reviewed in the

interview were, in fact, discussed. A copy of this memorandum is to be given to the employee and a

copy retained by the supervisor. The signed original should be given to the Vice President to be placed

in the employee's personnel file. Should the employee refuse to sign this memorandum, the manager

should note this on the document. At the conclusion of the manager's interview with the employee, the

employee is entitled, and encouraged, to offer comments to explain mitigating circumstances, which

may have affected his/her unsatisfactory performance or inappropriate conduct. Any employee

comments should be carefully evaluated by the manager.

The employee is to be advised that after a specific period, generally 30, 60 or 90 days, another

corrective action interview will be conducted. Failure to improve in the specific areas reviewed in the

first appraisal may result in further discipline, up to and including discharge, or further corrective

action, including a second warning advising that failure to improve after another interview could

result in discharge.

C. Follow Up: In the case of an employee whose performance improves within the period identified

in the memorandum, specific documentation in the form of a memorandum should be prepared by

the supervisor substantiating the improvement. This documentation is to be reviewed with the Vice

President who reviewed the original memo.

When a manager has decided to terminate an employee under this policy, no action can be taken

without reviewing all of the relevant documentation, including any corrective action memoranda and

prior disciplinary actions with the Vice President. This must be done before the employee is informed

of the termination action. At this point, all relevant documentation should be in the employee's

personnel file, which will be retained in the Personnel office. The Vice President may consult with the

President and Corporate Legal counsel before action is taken.


Depending on the nature and severity of the performance, or other work-related issue, corrective

action may not always apply to key management personnel or any employee who, in the Company's

view, engages in gross misconduct. Examples of what the Company may view as gross misconduct

include, but are not limited to, violations of law or environmental regulations; violation of the

Substance Abuse Policy; violation of the Harassment, Discrimination or Retaliation Policy; theft;

physical altercation; possessing firearms on company or client property; insubordination;

unauthorized use of company credit cards or other misuse of company assets; falsifying company

reports such as time records, expense reports, or other official reports or records; violations of the

confidentiality or ethics policies.

This Corrective Action Policy contains management guidelines only, and does not create a contract of

employment or guarantee that corrective action will be applied in all circumstances. The goal,

however, is to treat all employees fairly and consistently when administering discipline (up to and

including termination) and/or corrective action.

MarketSpace Capital, Inc. discourages outside employment of its employees and prohibits employment

in fields in the same line of business as MarketSpace Capital after hours. Use of Company equipment

and supplies for any non-company work is expressly prohibited. Employees are also prohibited from

using Company phones or giving out the Company telephone number to anyone with regard to non-

Company work. Violation of this policy can lead to dismissal.

MarketSpace Capital strongly believes that formal and informal evaluations foster professional growth

and help induce positive relationships between staff and supervisors. As with all relationships, clear

communication between supervisors and their staff takes an effort on both sides, and it facilitates the

various parties meeting others expectations and needs.

Informal evaluations are encouraged to take place on an ongoing basis. Formal performance

evaluations are to be completed on an annual basis.

Standard forms are used that help ensure that evaluations are constructive and task and goal- oriented

strengths and weaknesses are addressed. Both the employee and supervisor take part in completing the

evaluation form. They then discuss the evaluation. This provides them an opportunity to rethink their

jobs and determine how they can improve effectiveness and quality.

1. OUTSIDE EMPLOYMENT OR PROFESSIONAL ACTIVITY

2. PERFORMANCE EVALUATIONS

POLICY 014EQUAL EMPLOYMENT OPORTUNITY


MarketSpace Capital employees have access to confidential information, including client information

and prospects, technical data, computer programs, drawings, designs, specifications, plans, proposals,

marketing plans and information, client lists financial information, know-how, concepts and ideas

related to the business of MarketSpace Capital. This confidential information is proprietary and

belongs to MarketSpace Capital (both under common law and in equity). An employee is prohibited (by

law) from using or disclosing any confidential information to others, except for the Company’s benefit

in the course of his/her duties, and from copying, taking or retaining any materials, papers, or

documents in which such information may be contained or embodied.

Upon termination of employment, an employee is prohibited (by law) from taking or retaining

MarketSpace Capital property. This would include confidential information and all documents, reports,

specifications, drawings, designs, plans, files, books, records, proposals, marketing and sales plans,

customer lists, or materials made by the employee or coming into the employee’s possession as an

employee of MarketSpace Capital. After leaving MarketSpace Capital,, Inc., an employee may not solicit

the business of the Company’s clients through the use of trade secrets or confidential information, nor

may he/she use such trade secrets or confidential information in the performance of work in

competition with MarketSpace Capital.

MarketSpace Capital will consider giving a former employee permission to make copies of examples of

his/her work product while at MarketSpace Capital to use for reference purposes, subject to the

following conditions:

1. Such employee notifies the President and asks for approval in advance for the specific material

which the employee wishes to retain or copy for this purpose;

2. When using such material or history, the employee will give due credit to MarketSpace Capital for

their role in the project; and

3. Such material will not be used to solicit the business of a client or former client of MarketSpace

Capital or its subsidiaries or affiliates or a prospect of MarketSpace Capital identified as such at the

time of the employee’s termination. With regard to the proprietary rights to certain information,

MarketSpace Capital, Inc. and not any employee, owns any and all ideas, discoveries, inventions,

techniques, methods, software, products, trade secrets, or other information of the nature

described above, and any improvements used or useful in the Company’s business:

• Originated by an employee (alone, with fellow employees, or with others) in whole or in part

(i) on Company time or (ii) with Company materials or facilities; or

• Learned by an employee from other employees while employed by MarketSpace Capital, Inc.

3. PROPRIETARY INFORMATION POLICY


All requests for references are directed to the Vice President. Reference information is not to be

released by any other MarketSpace Capital employee. Personnel should be contacted when employees

have questions relative to the referenced policy.

Each employee is affected by the provisions of the Occupational Safety and Health Act of 1970 (OSHA).

The Company seeks to furnish its employees a safe work environment and to comply with the health

and safety standards of the Act. Each employee has the responsibility to comply with the regulations as

well.

INJURIES/FIRST AID

Report any on-the-job injury to Personnel immediately. Established procedures will be followed to

ensure that all employees receive quick emergency treatment, when needed.

MarketSpace Capital encourages everyone to exercise their voting rights. The polls are open well before

and after MarketSpace Capital's official business day. Accordingly, the Company requests that you vote

during these periods so as not to interfere with your work day.

Solicitation and distribution of literature by non-employees on Company property is prohibited.

Solicitation by employees on Company property during working hours is prohibited. Working time is

the time an employee is expected to be performing his/her job duties and does not include break

periods, meal times, or other periods when employees are not properly engaged in performing their

work.

Distribution of literature by employees on Company property, in non-working areas during working

time, as defined above, is prohibited. Distribution of literature by employees on Company property in

working areas is prohibited.

4. REFERENCE POLICY

5. SAFETY AND SECURITY

7. SOLICITATIONS AND DISTRIBUTIONS

6. VOTING


POLICY 015

1. HARASSMENT POLICY

HARASSMENT, DISCRIMINATION AND RETALIATION POLICY

MarketSpace Capital is committed to providing a work environment which is free of unlawful

harassment and intimidation. Company policy prohibits harassment because of sex (including sexual

harassment, harassment due to pregnancy, childbirth or related medical conditions and gender

harassment) and harassment because of race, religion, color, national origin, medical condition,

physical or mental disability, age or any other basis protected by federal, state or local law, regulation,

or ordinance. ALL SUCH HARASSMENT IS ILLEGAL.

MarketSpace Capital’s anti-harassment policy applies to all individuals involved in the operation of the

company, and prohibits unlawful harassment by an employee of MarketSpace Capital including

officers, supervisors and co-workers, or by any vendors and/or independent contractors and their

employees.

Non-employee violators of this policy are subject to expulsion from MarketSpace Capital’s facilities

when harassment occurs on company premises. MarketSpace Capital may discontinue service to off-

MarketSpace Capital premise violators of this policy. Furthermore, MarketSpace Capital may report

violators to the appropriate authority for civil or criminal action. MarketSpace Capital prohibits

retaliation of any kind against employees who, in good faith, bring harassment complaints or assist in

investigating such complaints.

A. Examples of Prohibited Unlawful Harassment

Prohibited unlawful harassment because of sex, race, religion, color, national origin, medical condition,

physical or mental disability, age, marital status or any other protected basis includes, but is not

limited to, the following behavior:

1. Verbal actions such as slurs, derogatory comments or jokes, epithets or unwanted sexual

invitations, advances or comments;

2. Visual conduct such a sexually-oriented, pornographic and/or derogatory photographs,

posters, drawings, cartoons, gestures, e-mail or internet sites;

3. Physical actions such as unwanted touching, assault, blocking another’s way or interference

with work because of sex, race or any other protected category;

4. Threats or demands to submit to sexual advances or requests as a condition of continued

employment, offers of employment benefits in return for sexual favors, or to avoid some

other negative employment action; and

5. Retaliation against any employee for making an allegation of harassment or for participating

in such an investigation.


B. Sexual Harassment

MarketSpace Capital seeks to assure that it maintains a workplace free of all types of unlawful

harassment, including sexual harassment and intimidation. Sexual harassment is defined as

“unwelcome” sexual advances, requests for sexual favors or other verbal or physical conduct of a

sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an

individual’s employment; or

2. Submission to or rejection of such conduct by an individual is used as a basis for

employment decisions affecting such individuals; or

3. Such conduct has the purpose or effect of unreasonable interfering with an individual’s work

performance or creating an intimidating, hostile or offensive working environment.

MarketSpace Capital has a zero tolerance policy for vulgar, abusive, humiliating or threatening

language, practical jokes, or other inappropriate behavior in the workplace. MarketSpace Capital will

not tolerate the harassment of any employee or non-employee by another employee or non-employee,

supervisor, manager or director for any reason. Harassment of a sexual nature is a violation of various

state and federal laws which may subject the individual harasser to liability for any such unlawful

conduct.

C. Procedure for Reporting Harassment

Any employee who believes that he or she is the victim of any type of harassment, including sexual

harassment, should immediately report such actions to their supervisor or any manager or corporate

officer. If an employee’s immediate supervisor is involved in the alleged harassment, it is unnecessary

to make a report to that individual. Employees are encouraged to promptly report the alleged

harassment within three calendar days of the offense. It is not necessary to file a formal complaint or

grievance to complain of sexual harassment. MarketSpace Capital takes all complaints seriously and

handles complaints as promptly, thoroughly and confidentially as possible. MarketSpace Capital will

clearly inform the employee of his or her rights to assistance and how to preserve and protect those

rights.

D. Investigating Alleged Harassment

MarketSpace Capital will fully and completely investigate any report of alleged harassment and will

take appropriate corrective action, depending on the severity of the conduct. This can include

disciplining or discharging any individual who is found to have violated this prohibition against

harassment. The complaining employee will be informed of the action taken. An employee who

engages in acts of harassment contrary to MarketSpace Capital’s policy may be personally liable in

any legal action brought against them.


Interviews, allegations, statements and identities will be kept confidential to the extent possible and

allowed by law. However, MarketSpace Capital will not allow the goal of confidentiality to be a

deterrent to an effective investigation, and it may be necessary to reveal certain information to various

state or federal agencies or courts.

Employees should also be aware that as an employer, MarketSpace Capital has a duty to prevent and

correct harassment, even when the complaining employee asks that no action be taken and that the

complaint be kept confidential.

No information related to the complaint or any investigation will be filed in the personnel files of the

employees involved. Rather, these reports will be kept separately and marked "confidential." At the end

of each inquiry, the investigator will prepare a report that sets forth the dates that various witnesses

and Parties were interviewed, summarizes witnesses' statements, describes factual issues on which the

parties disagree, offers the investigator's conclusions, and outlines the actions taken by MarketSpace

Capital. If the investigation reveals that the harassment occurred, MarketSpace Capital will inform the

parties that immediate and appropriate action, up to and including termination, will be taken. The

discipline will be proportional to the severity of the conduct. The alleged harasser's employment

history and any similar complaints of prior unlawful harassment will be taken into consideration.

Disciplinary measures may include counseling, sexual harassment or diversity training, suspension,

transfer, demotion or discharge. These remedial measures are intended to place the complaining

employee in the position which he or she would have been had the harassment not occurred.

Exercising rights under this policy does not in any way affect an employee's right to seek relief through

the Texas Commission on Human Rights, the Equal Employment Opportunity Commission, or a court of

proper jurisdiction for any complaint for which a remedy is provided under federal or state law.

E. Retaliation

MarketSpace Capital will not tolerate retaliation against any employee for making an allegation of

harassment or for participating in such an investigation. Retaliation in any form is prohibited. Any

employee who violates this policy is subject to disciplinary action up to and including dismissal. It is

the responsibility of each MarketSpace Capital employee to be aware of the details of the foregoing

policy.


MarketSpace Capital Acknowledgment of Receipt and Understanding of

MarketSpace Capital’s Policy Against Harassment in the Workplace.

I acknowledge that I have received a copy of MarketSpace Capital’s Policy Against Harassment, that I

have read and understand the policy, and that by signing this acknowledgment, I agree to adhere to the

policy as a condition of my employment and/or continuing employment with MarketSpace Capital. I

acknowledge that I understand how to follow the procedures set out in this policy and that if I have

any questions I will ask for clarification. I agree to report any incident of harassment in a timely

manner and I understand that there are a number of different individuals who are authorized to take

my complaint and act on it appropriately. I further acknowledge that my failure to adhere to this policy

may subject me to disciplinary action, up to and including immediate termination without advance

warning.

I have reviewed the Policy Against Harassment and have been given the opportunity to ask questions

about the policy. I know that I may file a complaint of harassment or participate in an investigation

without fear of retaliation.

X


www.marketspacecapital.com

55

MarketSpace Capital

9100 Southwest Freeway, Ste 201

Houston, Texas 77074

281-766-9784

Documents

HR Employee Handbook 2020...EMPLOYMENT REFERENCE CHECKS AND RELEASE OF EMPLOYMENT INFORMATION 1. PURPOSE 2. DEFINITIONS 3. POLICY 4. PROCEDURE POLICY 003 EMPLOYMENT CONTENTS CLASSIFICATION