Document Sample
Employment-Employee_Arbitration_Agreement_NOT_DONE Powered By Docstoc
					[From: Free Document Downloads at]
[Find, then fill-in, or delete text in brackets like this: “[NNN]”

Your small business should have a procedure similar to this one
providing employees with a safe and effective mechanism for
reporting harassment.               Post this in a conspicuous location along
with other employment related information, and/or incorporate into
the Employee Handbook.

For additional assistance contact

Otherwise the following text should be reviewed and edited as needed:
                                ARBITRATION AGREEMENT

This Arbitration Agreement (the “Agreement'') is made and entered into by and between
[Company Name] (“Company”) and “Employee”:
Employee Name                  __________________________________________
Address                        __________________________________________
Social Security Number         __________________________________________

Company and Employee known collectively herein as the “Parties”.

In consideration of Employee's (continued) employment with Company, and the promises and
covenants set forth in this Agreement, the Parties agree as follows:
Walver of Right to trial. The Parties understand that by entering into this Agreetnent, they are
waiving any right they may have to file a lawsuit or other civil action or proceeding against each
other, and are voluntarily waiving any right they may have to resolve disputes between the
Parties through trial by judge or jury. Any and all claims or disputes arising out of or relating to
the employment relationship and/or the termination of the employment relationship between the
Parties that are not resolved by their mutual agreement shall be resolved exclusively by final and
binding arbitration. The Parties have the right to be represented by counsel in any arbitration
proceedings commenced pursuant to this Agreement.
Claims Subject to Arbitration.STOP HERE A1l claims, demands, causes of action or
controversies, past, present 0: future that the employed may have against the Company, its
officers, directors, employees, independent contractors or agents in their capacity as such or
otherwise, or (has Company may have against Employee (collectively the iiclaims'') shall be
resolved by final and binding arbitrations. The Claims include but are not limited to any claims
or disputes in connection with (1) the hiring process, (2) the employment relationship between
the Parties, (3) the termination of said employment relationship', (4) (my contracts between the
parties; (5)j any and all Claims arising under any federals state or local law or regulation,
including, but not limited to, those rtlatitlg to employment, compensations wages, hours,
benefits, discrimination, harassment, wrongful termination, wrongful demotion, breach of
contract, breach of the implied covenant of good faith and fair dealing, intentional or negligent
infliction of emotional distress, violation of public policy, retaliation, frauds defamation,
invasion of privacy, negligence assault or battery. The Claims for discrimination and harassment
include but are not limited to those based on race, color, sex, sexual orientation.
religion, national origin, ancestry, citizenship, ale, marital statued physical disability, pregnancyj
mental disability or medical condition, veteran statued and any claims arising under the
California Fair employment and Housing act, the California Family Rights Act, the Age
Discrimination in employment Act, the Americans with Disabilities Act, the Equal Pay Act, thc
Civil Rights Act, the family and Medical Leave Act, the Employee Retirement Income Security
Act of 1 974, and any other local, state or federal law concerning employment or employment
discrimination or harassment.
This Agreement does not affect Employee's right to stxk administrative relief from the
United States Equal Employment Opporttlnity Commission or the California
Department of Fair Enlployll'|ent and Housing.
3. The Arbitration Process. Either party may commence to: arbitration precess by filing a written
demand for arbitration with J/VN|S/ENIDISPUTE (i7AMS''), the bounty where the Company
office in which the employee worked ls located., and sanding a
copy by personal delivery or certified mail to tile other party, If Employee initiates the arbitration
process, Employee will send the notice to Company at the following address 7601 Aviation
Blvd., Suitt 3000 Manhattan Beach, CA 90266, If Company initiates arbitration, it wit) send the
notice to Employee's last known home address as reflected in Company's personnel records. Any
arbitration between the Parties shall be conducted pursuant to the JAMS procedures tbr the
arbitration off employment disputes that are in effect at the time of the commencement if
arbitration except as otherwise agreed in writing by the Parties. The arbitration shall be
conducted in the county where the Company office In which the employee worked is located.
The arbitration shall be conducted by one neutral Arbitrator (the |sArbitrator'') selected from a
list of arbitrators provided by JAMS, as specified in the JAMS' procedures. The Parties will
cooperate in scheduling the arbitration proceedings. The arbitration shall be conducted in the
county where the Company office in which the employee worked is located. The panics
specifically agree to opt out of the provisions of JAMS; arbitration rules and procedures for the
arbitration of employment disputes governing the timing of the arbitration hearing. Instead,
absent a subsequent contrary written agreement between the parties, the arbitration hearing shall
be scheduled for I date that is within l 80 days after the commencement of the arbitration, As for
discovery, the parties opt out Ot-JAMSN procedures and will instead comply with C.C.P.
j 1283.0j. Should a non-party witlltss retest to comply with a subpoena issued by the Arbitrator
and the Arbitrator is unable to enforce compliance with the subpoena, the Parties agree to submit
the subpoena to a court of competent jurisdiction for enforcement of the subpoena, The
Arbitrator shall apply the applicable substantive law, and the law of remedies, if applicable. of
the State of California, or federal law, or 60th, The Arbitrator is without jurisdiction to apply any
different substantive law or taw of remedies. The Arbitrator is auCompanyized to award say
remedies allowed by applicable law. Nothing in this paragraph shall prohibit or limit the Patties
from seeking injunctive relief in lit? of or in addition to arbitration at any time directly from a
court of competent jurisdiction. The Arbitrator cannot modify any of the provisions of this
Agreement. To? kkbitfil|o| shall issue a written and signed statement of the basis of hts or her
decision, including findings of fact and conclusions of law. The statement and award, if any,
shall be based on the terms of this Agreelnentj the findings of fact and the statutory and
decisional case law applicable to this dispute. Proceedings to enforce, modify, see aside or vacate
an award or decision rendered by the Arbitrator will be controlled by and conducted in
conformity with applicable state law. The arbitration shall be final and binding upon the Parties,
except as provided in this Agreement. Neither the Parties nor the Arbitrator may disclose the
existence, content, or results of any Arbitration withal the prior written consent of both Parties.
4, Arbitration Fees, Costs and Awards, 1f' Employee initiates arbitration against Company,
Employee must pay a tiling fee to JAMS equal to the current filing fee in the appropriate court
had employee's claim been brought there, and Company shall bear the remaining costs of the
arbitration forum, including Arbitrator fees. lf Company initiates arbitration against Employee,
Company shall bear to! entire cost of tlw arbitration forum, including Arbitrator fees, In either
event, such costs do not include costs or attorneys, discovery, expert witnesses, or other costs
which Employee would
Has: been required to bear had the matter been filed in a court, and the Parties will be responsible
for paying their own attorneys' fees, except as otherwise required by law.
The Arbitrator may award attorneys' fees and costs to the prevailing party is auCompanyized by
law. Any postponement or cancellation fee imposed by the arbitration service will be paid by the
party requesting to! postponement or cancellation, unless the arbitrator determines that such fee
would cause undue hardship on the party. At the conclusion of the arbitration, each Party agrees
to promptly pad any arbitration award imposed against the Party.
Acknowledgments. The Parties acknowledge that they have carefully read this agreement,
understand its terms, and that all agreements between the Parties relating to the subjects covered
in the Agreement are contained therein. The Parties acknowledge that they have entered into to?
Agreement voluntarily and not in reliance on any promises or representations other than those
contained in this Agreement itself If any provision of this Agreement is held invalid, the
invalidity shall not affect other provisions of this Agreement that can be given effect without the
invalid provision.
The Parties acknowledge that they have been advised to consult with legal counsel before
signing this Agreement, and that they have either done so or declined to do so.
(Please sign your complete name)
Director of Human Resources or
corporate Officer of Company
Internet and Electronic Communications
Policy and Agreement
Company (hereinafter referred to as little company's) has expended significant resources to
provide computers and other electronic devices for the purpose of promoting itp legitimate
business interests. In order to ensure that all individuals who use the Company's computers and
resources do so in a lawful, ethical, and proper manner, the Company has established this
''Internet and Electronic Communications policy's The policy recognizes that individuals who
use the Company's computers may have access to the Internet and are able to transmit electronic
communications (''E-mail'') with the use of computers and electronic devices.
f. Fhe Company's Communications Sy|tetn.|
This policy applies to the entire network of the Company's electronic Communications Systems.
The term ''Communications Systems'' is intended to apply broadly to aII of the varies: forms of
electronics communication used by or in the Company. For exampled it includes E-mail,
connections to the Internet, World Wide Web, and other internal or external networks, voice mail
video conferencing, facsimiles printers and telephones as well as any I i I other forms of
electronic communication used in or by the Company either now or in the future.
The Communications Systems are the some and exclusive progeny of the Company. They are
provided or made accessible by the Company solely for use in conducting the Company's
business. Employees should understand that the Company restrains its property interest in all
information data and cqlrrtmunicatitlq| that are stared in transmitted by, or received from or on
the Communications systems, Furthermore, no one in the Company, other than its President, has
the ability to convey, license, assign, sell. limit, impair or alter this prosody interest.
2. General Guidelines
The use of the Communications Systems is strictly restricted and subject to a number of rules
that are designed to ensure compliance with the Company's legal obligations and the promotion
of its business interests, ln keeping with the purpose Of the Communications Systems and the
objectives of this policy, any individual who uses the Communications Systems must do so in a
professional and appropriate manner that promotes the Gompapy's business interests. Individuals
must therefore engage in and conduct all activities involving the use of the Corr|rrlunilmtit|ns
Systems with the utmost care, Their actions should reflect the same Sound ju|tjlml|rlt and level of
responsibility that they would exercise when sending letters or memoranda that are written on the
Company's letterhead, Particular attention should be given to issues involving the use of the
Internet and awareness that information posted on commercial on-line systems os the Internet
creates the potential for broad distribution of and access to such information. Employees should
also understand that it is not possible to guarantee complete security of electronic
commLlnitlations either within or outside the company. It Is therefore important that employees
exercise care when sending or receiving sensitives privileged, proprietary or confidential
information electronically. '
Specific Prohibitions
Any unlawful or otherwise inappropriate use of the Communications Systems is strictly
prohibited and may result-'severe disciplinary action, up to and possibly including immediate
termination of employment, While it is not possible to provide an exhaustive list of even type of
inappropriate use of the Communications Systems, the following examples should offer
employees some guidance: ' a. Prohibit-i|-|ns Aqainst Harassment and discrimination, 'The
Company maintains strict policies against unlawful discrimination and harassment based on any
characteristic protegee by state or federal law. These anti-discrimination and anti-harassment
policies apply to all employee conduct and extend to the use office Communications Systems.
For example, the Company strictly prohibits the use of the Communications Systems to create,
send or deliver a message or information that is either harassing or offensive en the basis of race,
color, religion, sex, national origins age, ancestry citizenship, sexual orientation, . . t pregnancy,
childbirth or related medical condition, marital status, veteran status, physical or mental
disability (actual or perceived), medical condition, genetic characteristics, political affiliation, or
any other characteristic protected by state or federal law. This includes off-color, sexual or
offensive information that involves or relates to such regatta protected characteristics.
b. Prohibitions Aqalnst offensive and Defamatory Conduct. The use of the Communications
Systems to send, transmit, deliver, or invite the receipt cf annoying, offensive, defamatory,
derogatory or harassing messages or information is strictly prohibited.
c. Prohibitions Against Sexuail|-suncq.s. tike material. The use of the communications Systems
to disseminate, display, stored transmit, publish, solicit, or purposely receive any pornographer
obscene, or sexually suggestive or explicit material is strictly prohibited.
d. Prohibitions Against Gambling, The use of the Communications
Systems tc participate Or engages directly or indirectly, in any gambling activities or participate
in games of chance or risk is strictly prohibited.
e. Trademark. Copyrights and Licenses. Individuals who use the
Communications Systems must honor, respect, and comply with all laws and standards
applicable to trademarks copyrights patents, and licenses to software and other on-line
information. No individual may download, Upload or copy software or other copyrighted or
legally protected information through the communications systems without the prior written
auCompanyization from the corporate office. ' f. Proprietary, Confidential and Tradersecret
information. Individuals who use the Communications Systems are strictly prohibited from
altering, transmitting, copying, downgrading, or removing any proprietary, confidential, trade
secret or other information of the Company which includes, but 1$ not limited to, candidate
information, ! client/prospect information, job ordered job assignments, accounting informationj
time iris, resumes, Company software, proprietary software, or other files without groper and
legally binding auCompanyization. Information may not be transferred to any communication
device without written approval from a corporate officer. This includes, but is not limited to,
leptons, PC's, palm pilots, windows GE systems, other a-mail systems, LAN, diskettes, via FTP
download, CD's, papers tapes, DVD's.
g, Improper Purposes. Employees may not use or allow the Communications Systems to be used
for any purpose that is either damaging to or competitive with the Company, detrimental to its
interests or that creates an actual, potential or apparent conflict of interest.
h. Unintended recipients. No individual may read, record, copy or listen to messages and
information delivered to another person's E-mail or Voice mail mailboxes- without proper
auCompanyization from the President. If an individual receives an electronic c,on-kn|unioation
and in is evident that the individual if not the intended f'e/ipientl tile Individual must
immediately inform the sender of the fact and delete the message from his or her E-mail or Voice
mail mailbox, whichever is applicable.
i, Non-solicitation Policies. The Company's non-solicitation policies extend to the use of the
Communications Systems. No employee may use any component of the Communications
Systems in a manner that violates the non-solicitation policies.
j. -improper Printinq. The communications system is not to be used for printing out client listsi
prospects, candidate profiles, resumers job orders or any other documents from the system
except for explicit use within Company.
k, Im-proper Used, DNA not use the Company-owned computers for any activity other than
Company-related business, This includes but is not limited to surfing the Internet or World Wide
Web, engaging in on-line discussions in newsgroups and bulletin boards searches, postings,
commercial messages, and transmitting viruses, worms os other invasive software. Company
uses monitored software to observe and record activities on Its Communications systems.
4. Access and Disclosure
the Communications Systems are provided for the sole purpose of conducting the Company's
business. A1l individuals should understand that the Company maintains its progeny interest
with respect to the Communications Systems and all information stored in such systems even for
brief periods of time.
The Company must also maintain its ability to monitor and enforce this policy. To accomplish
this objective it must maintain the maximum right to gain access to all information and materials
bored in or transmitted by any component of the Communications Systems.
Individuals who use the Communication: Systems should not maintain any expectation of
privacy, either personal or otherwise, with respect to any information, materials, datav or matters
stored int created with or on, received by, delivered by, of sent over or to the Communications
Systemj. The Company reserves the sight to gain access to all information in or on the
Communications systems, as well as informationi material, data, and matters that have been
transmitted or received with the aid of the Communications Systems. It may do so for any
purposes including but not limited to, its desire to protect the integrity of the Communications
Systems from unauCompanyized or improper use and to monitor and enforce this policy. This
can occur with or without prior notice to any employee, either before, during or after work.
The Company also reserves the right to delegate the auCompanyity to any individual to retrieve,
monitor, access, copy, download, listen to or delete anything stored in, created or received by,
delivered with the aid of, or bent over its communications systems without the permission or
prior notice of any individual. The Company reserves the right to use and disclose any electronic
communications and any information or material it obtains from its Communications Systems
without the permission of, and without providing advance notice to any individual. This right
includes the right to make disclosures to law enforcement officials.
Any individual who has a password or code of any line that is used to access use any computer
must, as a condition of employment and use of the Communications Systems, change his or her
password a minimum of once per month. Avoid using your narc your spouse's named friend's
name, or a password that could easily be guessed. The mid Department will help facilitate this
process by requiring each user to change his or her palm the first of each month.
5, employee Responsibility Every individual who is provided access to the company's
Cclmmunitiatic|ns Systems must comply fully with this policed Individuals who have any
questions about this pc should direct those questions to the corporate office. Employees are
responsible to read, understands and comply fully with all provisions of this policy.
6, miscellaneous This Agreement constitutes the entire agreement and understanding between
Company and the Employee with respect to the use of the Company's Communications Systems
and supersedes any and all other agreements, communications, understandings.
whether oral or written, express or implied, between the parties hereto with respect to the us the
Company's Communications Systems. This agreement does not supersede any other written
employment agreement signed by the Company once the Employee. This agreement cannot be
changed, modified or terminated except in writing and signed by an officer of the Company. In
the event Thai any one or more of the provisions of this agreement shall be bel invalid, illegali or
unenforceable, in any respect, by a court of competent jurisdiction, the valid Iegalityl and
enforceability of the remaining provisions contained herein shall not in any way I affected
l have read and understand these policies.
Please Print Employee Name
Please Prinl Corporate Officer Name
Employee Signature
Corporate Officer Signature
Please Print Manager Name
Manager signature
I acknowledge the cell phone - issued to me by nor is the property of Company. Company
reserves the tight to demand the return of said property at any time, and in good working
condition. 111 the event your employment is terminated with Company, you will promptly return
the equipment within 3 business days or pay for the replacement cost of S1 OO.OO.
In addition, I acknowledge this phone is for business purposes and that I will reimburse the
company for any long distance non-business calls billed to the cell phone.
A11 rules outlined in Company's Employee Agreement and Companyns Internet and Electronic
Communications Policy Agreement apply to this acknowledgement.
Branch Title
Reference AuCompanyization
1 hereby certify that the information contained in this application form is true and correct to the
best of my knowledge and agree to have any of the statements checked by the Company unless 1
have indicated to the contrary. I auCompanyize the references listed above to provide the
Company any and all information concerning my previous employment and any other pertinent
information that they may have. Further, l release all parties and persons from any and all
liability for any damages that may result from furnishing such information to the Company as
well as from the use or disclosure of such information by the Company or any of its agents,
employees or representatives. I understand that any misrepresentation, falsification, or material
omission of information on this application may result in my failure to receive an offer or, if I am
hired, my dismissal from employment.
In consideration of my employment, f agree to conform to the rules and standards of the
Company and agree that my employment and compensation can be terminated at will, with or
without cause, and with or without notice, at any time, either at my option or at the option of the
Company. l understand that no employee or representative of the Company, other than its
president has auCompanyity to enter into any : agreement for employment for any specified
period of tame, or to make any express or implied agreement contrary to the foregoing. Further,
the president of the Company may not alter the at-will nature of the employment relationship or
enter into any employment agreement for a specified time unless the president and I both sign a
written agreement that clearly and expressly specific: the intent to do so. I agree that this shaft
constitute a final and fully binding integrated agreement with respect to the at- will nature of my
employment relationship and that there are no oral or collateral agreements regarding this issue.
I also understand that all offers of employment are conditioned on the provision of satisfactory
proof of an applicant's identity and legal auCompanyity to work in the U.S.
Offers of employment are also ct:lnditioned on the Company's receipt of satisfactory responses
to reference requests and the satisfactory completion of a post-offer medical examination.
Applicant's Signature

Shared By: