The Company and Employee hereby agree that any controversy, dispute or claim between the Employee and the Company, or its officers, agents or other employees, shall be settled by binding arbitration, at the request of either party. Claims shall be submitted to and determined exclusively by binding arbitration as provided for by the Federal Arbitration Act, 9 U.S.C. §1 et seq. , which shall govern this Agreement. Arbitration shall be the exclusive method for resolving any dispute.
Employee expressly acknowledges his/her understanding that entering into this dispute resolution agreement is not a condition of being hired by, or employed by the Company, and that he/she had the right to choose not to enter into this agreement. Company expressly warrants, and Employee acknowledges and agrees, that Employee was not threatened, coerced or pressured into signing this agreement, and that Employee was informed that no adverse action would be taken against him by the Company if he decided not to enter into the agreement. Employee warrants that his choice to enter into this agreement was entirely voluntary on his part. If Employee chooses not to enter into this arbitration agreement, Employee should not initial or sign below.
The arbitrability of any controversy, dispute or claim under this Agreement shall be determined by application of the substantive provisions of the Federal Arbitration Act. The claims which are to be arbitrated under this Agreement include, but are not limited to, claims for breach of trade secret law, claims regarding breach of confidentiality, violation of nondisclosure/non-solicitation provisions, embezzlement/conversion, employee theft, tort claims, bad faith claims, contract claims, wage claims, benefit claims, demands, liabilities, debts, accounts, obligations, damages, compensatory damages, punitive damages, liquidated damages, costs, expenses, actions and causes of action arising out of or in connection with the employment relationship between Employee and Employer, including the terms of this agreement, the termination of that relationship, and/or post-employment marital status, pregnancy or any other discrimination prohibited by such laws, ordinances, regulations or orders (including but not limited to Title VII of the Civil Rights Act of 1964, as amended, 42 USC Section 2000, et seq.; Americans with Disabilities Act; Civil Rights Act of 1866, and Civil Rights Act of 1991; 42 USC Section 1981, et seq.; Age Discrimination in Employment Act, as amended, 29 USC Section 621, et seq.; Equal Pay Act, as amended, 29 USC Section 206(d); regulations of the Office of Federal Contract Compliance, 41 CFR Section 60, et seq.; and the California Fair Employment and Housing Act, California Government Code Section 12940, et seq.). The parties' intent is for all claims between them to be subject to this Agreement to the fullest extent allowable under law. Both the Company and employee acknowledge that each is knowingly and voluntarily waiving any right to pursue such claims in court before a judge or jury, including bringing or participating in class action or representative action claims under the Private Attorneys General Act (PAGA), and instead will pursue such claims exclusively through binding arbitration, except for the aforementioned administrative claims. Both the Company and employee acknowledge and agree that only individual claims, and not any claims on behalf of a group or class, can be subject to arbitration under this Agreement. If Employee brings claims under PAGA, employee and the Company agree to arbitrate only the individual PAGA claims based on Labor Code violations that Employee claims to have personally suffered.
Mandatory arbitration will not preclude Employee from filing an administrative charge or complaint with the Equal Employment Opportunity Commission, California Department of Fair Employment and Housing or National Labor Relations Board, or from pursuing unemployment or workers compensation benefits. With respect to disputes or claims involving alleged sexual assault or sexual harassment connected with Employee's employment arising after the effective date of this Agreement, Employee shall have the option of pursuing the claim in arbitration under this Agreement or in litigation before the appropriate administrative agency, or federal or state court.
The Employee and the Company will select an arbitrator by mutual agreement. If the Employee and the Company are unable to agree on a neutral arbitrator, either party may elect to obtain a list of arbitrators from the Judicial Arbitration and Mediation Service ("JAMS"), Alternative Dispute Resolution ("ADR"), or any other reputable dispute resolution organization. The rules for both JAMS and ADR may be obtained from the Human Resources department or can be found online at http://www.jamsadr.com/ and http://www.adrservices.org/. The Employee and the Company will alternately strike names from the list, with the Employee striking the first name, until only one (1) name remains. The remaining person shall be the arbitrator.
The demand for arbitration must be in writing and must be made by the aggrieved party within the statute of limitations period provided under applicable California and/or federal law for the particular claim. Failure to make a written demand within the applicable statutory period constitutes a waiver to raise that claim in any forum. arbitration proceedings will be held in Orange County California or, if the Employee is primarily employed elsewhere in California, in the county in which the Employee is primarily employed. All arbitration fees and costs owing shall be due and payable within sixty (60) days of the date the invoice is issued.
The arbitrator shall apply applicable California and/or federal substantive law to determine issues of liability and damages regarding all claims to be arbitrated, and shall apply the California Evidence Code to the proceeding. The parties shall be entitled to conduct reasonable discovery, including conducting depositions, requesting documents and requesting responses to interrogatories. The arbitrator shall have the authority to determine what constitutes reasonable discovery. The parties shall be entitled to conduct all discovery to which they would have been entitled to had the parties' controversy been filed in a California Superior Court and the arbitrator shall have the power to limit such discovery pursuant to motions and protective orders under the same rules and limitations as if he/she were a California Superior Court judge. The arbitrator shall hear motions for summary disposition as provided in the California Code of Civil Procedure. The Employee and the Company will have the right to present his or her case to the impartial arbitrator, including presenting witnesses, cross-examining witnesses, and introducing documents and other evidence. Either party may choose to be represented by an attorney or any other representative of their choosing at the arbitration hearing.
Within thirty (30) days following the hearing and the submission of the matter to the arbitrator, the arbitrator shall issue a written opinion and award which shall be signed and dated. The arbitrator's award shall decide all issues submitted by the parties, and the arbitrator may not decide any issue not submitted.
The arbitrator shall prepare in writing and provide to the parties a decision and award which includes factual findings and the reasons upon which the decision is based. The arbitrator shall be permitted to award only those remedies in law or equity which are requested by the parties and allowed by law. The arbitrator's decision shall be final and binding upon the Employee and the Company, its officers, directors, employees or agents, and may be entered as a judgment in any court of competent jurisdiction. Appeal of the arbitrator's decision is permitted only in certain very limited circumstances in accordance with applicable law. All the rules governing judicial appeals of judgments from the Superior Court shall apply to any appeal of this award, including but not limited to the time frames, deadlines and the standards of review.
If either party to this arbitration agreement files a lawsuit against the other in a court or administrative agency instead of requesting arbitration of the dispute, the party seeking to enforce this arbitration agreement can serve the suit-filing party with written notice of this arbitration agreement. If the party seeking to enforce the arbitration agreement provides this written notice, the party filing suit has five (5) days from the date of service (not extended for any time period, regardless of the manner of service) to personally serve a writing on the party seeking to enforce the arbitration agreement, agreeing to arbitrate the dispute. If the suit-filing party does not timely serve his/her/their agreement to arbitrate and the party seeking to enforce the arbitration agreement successfully compels the suit-filing party to arbitration, the party seeking to enforce this arbitration agreement shall be entitled to the reasonable attorneys' fees it incurred in enforcing this arbitration agreement.
The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties shall each bear their own costs and attorneys' fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys' fees of the other party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be ordered.
EMPLOYEE UNDERSTANDS THAT BY USING ARBITRATION TO RESOLVE DISPUTES THEY ARE GIVING UP ANY RIGHT THAT THEY MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL ISSUES CONCERNING EMPLOYMENT, INCLUDING BRINGING OR PARTICIPATING IN CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS ON BEHALF OF OTHERS EITHER IN A COURT OF LAW OR IN ARBITRATION.
I understand and agree that as a condition of employment and to the extent permitted by federal, state, and local law, I may be required to sign a confidentiality, restrictive covenant, and/or conflict of interest statement.
I certify that all the information on this application, my resume, or any supporting documents I may present during any interview is and will be complete and accurate to the best of my knowledge. I understand that any falsification, misrepresentation, or omission of any information may result in disqualification from consideration for employment or, if employed, disciplinary action, up to and including immediate dismissal.
This COMPANY is an at-will employer as allowed by applicable state law. This means that regardless of any provision in this application, if hired, the COMPANY or I may terminate the employment relationship at any time, for any reason, with or without cause or notice. Nothing in this application or in any document or statement, written or oral, shall limit the right to terminate employment at-will. No officer, employee or representative of the COMPANY is authorized to enter into an agreement - express or implied – with me or any applicant for employment for a specified period of time unless such an agreement is in a written contract signed by the Executive Director of the COMPANY. If hired, I agree to conform to the rules and regulations of the COMPANY, and I understand that the COMPANY has complete discretion to modify such rules and regulations at any time, except that it will not modify its policy of employment at-will.
I authorize the COMPANY or its agents to confirm all statements contained in this application and/or resume as it relates to the position I am seeking to the extent permitted by federal, state, or local law. I agree to complete any requisite authorization forms for the background investigation which may be permitted by federal, state and/or local law.
I authorize and consent to, without reservation, any party or agency contacted by this employer to furnish the above-mentioned information. I hereby release, discharge, and hold harmless, to the extent permitted by federal, state, and local law, any party delivering information to the COMPANY or its duly authorized representative pursuant to this authorization from any liability, claims, charges, or causes of action which I may have as a result of the delivery or disclosure of the above requested information. I hereby release from liability the COMPANY and its representative for seeking such information and all other persons, corporations, or Company’s furnishing such information. Further, if hired, I authorize the COMPANY to provide truthful information concerning my employment to future employers and hold the COMPANY harmless for providing such information.
In consideration of the receipt and evaluation of this application by Company, I agree and represent that:
- I understand and agree that nothing contained in this application for employment or in any pre-employment interview is intended to or shall create a contract between myself and the church for either employment or the providing of any benefit.
- I agree and understand that reference checks will be conducted prior to employment. In addition, I agree that if I am offered employment, the offer is contingent upon a Criminal Background Check prior to commencing employment, and that the offer may be withdrawn if the background check reveals a conviction that would affect, taking into account the relevant factors, my suitability for employment.
If hired by this COMPANY, I understand that I will be required to provide genuine documentation establishing my identity and eligibility to be legally employed in the United States by this COMPANY. I also understand this COMPANY employs only individuals who are legally eligible to work in the United States.
BY SIGNING BELOW I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE ABOVE PROVISIONS AND AGREE TO THEM. THIS IS A LEGAL DOCUMENT AND I UNDERSTAND THAT I HAVE THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY BEFORE SIGNING IT. I CERTIFY THAT ALL THE INFORMATION THAT I HAVE PROVIDED ON THIS APPLICATION IS TRUE, ACCURATE, AND COMPLETE.
DO NOT SIGN UNTIL YOU HAVE READ ALL THE INFORMATION CONTAINED IN THIS APPLICATION