VIEWS: 1,747 PAGES: 7 CATEGORY: Hiring Employees POSTED ON: 11/4/2009
This Employee Alternative Dispute Resolution (ADR) Agreement is an agreement between an employee and employer whereby the parties agree to submit to alternative dispute resolution procedures to resolve employment related disputes that occur between the parties. This agreement lists mediation and arbitration as the methods of resolving disputes and explains how to initiate the process. It is essential that the parties agree without any duress or undue influence to arbitration procedures. ADR agreements with employees are used to avoid the time and expense of protracted litigation involving employment-related claims.
This Employee Alternative Dispute Resolution (ADR) Agreement is an agreement between an employee and employer whereby the parties agree to submit to alternative dispute resolution procedures to resolve employment related disputes that occur between the parties. This agreement lists mediation and arbitration as the methods of resolving disputes and explains how to initiate the process. It is essential that the parties agree without any duress or undue influence to arbitration procedures. ADR agreements with employees are used to avoid the time and expense of protracted litigation involving employment-related claims. EMPLOYEE ALTERNATE DISPUTE RESOLUTION AGREEMENT This Employee Alternative Dispute Resolution Agreement (“Agreement”) is entered into on this ______ day of ______, 20___ by the undersigned Employee (“Employee”) and _________________________________ (“Employer”). RECITALS WHEREAS, in consideration of continuation of the employment relationship, and other agreements, the parties hereto mutually agree that this Agreement shall govern the resolution of all claims and disputes between them; and WHEREAS, the parties further agree that this Agreement shall include all such claims and disputes involving Employer’s customers and clients, administrative employers, agents and other employees, subsidiaries, affiliates, parent companies, and any other person or entity that has agreed to the dispute resolution process set forth herein. THEREFORE, to provide an equitable and expedient procedure for resolving certain types of employment-related disputes that may arise, Employee and Employer hereby agree to the following terms and conditions. TERMS 1. General In the event that employment disputes arise between Employer and Employee, Employer and Employee will make all efforts to resolve these disputes via the procedures set forth in this Agreement. This Agreement provides for final and binding arbitration. Claims covered by this Agreement include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract or covenant, express or implied; tort claims; claims for discrimination or harassment on bases including but not limited to race, sex, sexual orientation, religion, national origin, age, marital status, disability or medical condition; claims for benefits (except as excluded in Paragraph 7), and claims for violation of any federal, state, or other governmental constitution, statute, ordinance, regulation, or public policy including but not limited to Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the State Fair Employment and Housing Act, and the state law equivalents of same. 2. Mediation (Optional) Parties hereby agree that they shall attempt to resolve any dispute covered by this Agreement by a mediation conducted in accordance with the Rules and Procedures of the American Arbitration Association (“AAA”) regarding the resolution of employment disputes, or as otherwise stipulated by the parties. The parties agree to make a good faith effort at mediating any dispute prior to filing a claim for arbitration. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 3. Arbitration Employee agrees that any and all controversies, claims, or disputes with anyone mentioned above in Paragraph 1 arising out of, relating to, or resulting from his or her employment with Employer or the termination of his or her employment with same shall be subject to binding arbitration under the arbitration rules set forth in _______________________ [INSERT NAME OF STATE ACT RELEVANT AND APPLICABLE TO ARBITRATION] ______________ [STATE] Code of Civil Procedure _________________________ [RULE SECTION NUMBER] (the “Rules”) and pursuant to law of the State ______. Disputes that Employee agrees to arbitrate, and thereby agrees to waive any right to a trial by jury, include any statutory claims under state or federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the State Fair Employment and Housing Act, the State Labor Code, claims of harassment, discrimination or wrongful termination, and any statutory claims. Employee acknowledges further that this Agreement to arbitrate also applies to any disputes that Employer may have with Employee. 4. Initiation of Mediation Process Either Employee or Employer may initiate the mediation process by filing a Request for Mediation with ____________________ [HUMAN RESOURCES, CORPORATE COUNSEL, ETC.] 5. Initiation of Arbitration Process To initiate the arbitration process, the aggrieved party must file a written claim with the office of ____________________ [HUMAN RESOURCES, CORPORATE COUNSEL, ETC.] Service of the claim upon the responding party shall be made in accordance with the Rules. 6. Arbitration Procedures Employee agrees that any arbitration will be administered by the American Arbitration Association (“AAA”) and that the arbitrator will be selected in a manner consistent with AAA’s National Rules for the Resolution of Employment Disputes. Employee agrees that the arbitrator shall have the power to decide motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, motions to dismiss, and demurrers, prior to the commencement of any arbitration hearing. Employee also agrees that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. 7. Remedy Except as provided by the Rules, arbitration shall be the sole, exclusive, and final remedy for any dispute between parties. The arbitrator has exclusive authority to resolve any dispute relating to the applicability or enforceability of this Agreement. Accordingly, except as provided for by the © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 Rules, neither Employee nor Employer will be permitted to pursue court action regarding claims that are subject to arbitration. [MENTION HERE OTHER LAWFUL REMEDY TO WHICH THE PARTIES AGREE, if any.] 8. Availability of Injunctive Relief In addition to the parties’ right, under the Rules, to request provisional relief, Employee agrees that either party may also request injunctive relief where either party alleges or claims a violation of this Agreement and/or __________________________________ [MENTION ANY PARTICULAR PROVISION]. In the event either party seeks injunctive relief, the prevailing party in those proceedings shall be entitled to recover reasonable costs and attorneys’ fees. 9. Governing Law All arbitrations covered by this Agreement shall be adjudicated in accordance with the state or federal law that would be applied by a United States District Court sitting at __________________________ [THE LOCATION OF THE HEARING]. 10. Location of Arbitration The parties agree that any dispute shall be held in the offices of __________. 11. Claims Not Covered by this Agreement This Agreement does not apply to or cover claims for workers’ compensation or unemployment compensation benefits; claims resulting from the default of any obligation of Employer or Employee under a loan agreement; or ___________________________________________________ [ADD MORE CLAIMS IF APPLICABLE]. If either Employer or Employee has more than one claim against the other, and one or more of which is not covered by this Agreement, such claims shall be determined separately in the appropriate forum for resolution of those claims. Nothing in this Agreement shall preclude the parties from agreeing to resolve claims other than those covered by this Agreement pursuant to the provisions of this Agreement. 12. Statute of Limitations Any claim governed by this Agreement shall be filed no later than _____ (__) year(s) from the date of discovery, or than _____ (__) year(s) from the last date employment, whichever comes first. 13. Representation Each party may be, but need not be, represented by an attorney at any mediation or arbitration covered by this Agreement. 14. Fees and Costs © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 Employer shall pay reasonable costs of arbitration including filing fees and arbitrator expenses. Each party shall pay for its own attorneys’ fees and costs, if any. However, the arbitrator may, at his/her discretion, permit the prevailing party to recover fees and cost to the extent permitted by applicable law. 15. Discovery The parties shall be entitled to engage in reasonable discovery in the form of requests for documents, interrogatories, requests for admission, physical and/or mental examinations, and depositions in order to obtain information necessary to prosecute or defend the claims brought. Any disputes between the parties regarding the nature or scope of discovery shall be resolved by the arbitrator at his or her sole discretion. 16. Award The award shall be final and binding upon the parties. The arbitrator shall have the power to award any type of relief that would be available in a court of competent jurisdiction, but the arbitrator shall not be authorized to create any relief unavailable in such a court. In addition, the arbitrator shall have the authority to order any party found to have presented any claim or defense without substantial justification to pay the other party’s attorneys’ fees and costs. Any award may be entered as a judgment in any court of competent jurisdiction. 17. Not an Employment Agreement This Agreement does not create a contract of employment or in any way alter the “at-will” status of the parties’ employment relationship. This Agreement shall survive the employment relationship. This Agreement can be modified or revoked only by a writing signed by Employee and an executive officer of Employer that references this Agreement and specifically states intent to modify or revoke same. 18. Severability If this Agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial with respect to any dispute to which this Agreement applies. If any provision of this Agreement is determined to be void or otherwise unenforceable, in whole or in part, such determination shall not affect the validity of the remainder of the Agreement. 19. Sole and Entire Agreement This Agreement constitutes is the complete integrated agreement of the parties on the subject of resolving disputes, except for any arbitration provision contained in any pension or benefit plan. 20. Acknowledgment © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5 Employee acknowledges and agrees that Employee is executing this Agreement voluntarily and without any duress or undue influence by Employer or anyone else. EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES CAREFULLY READING THIS AGREEMENT, UNDERSTANDING ITS TERMS, AND ENTERING INTO THIS AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF. EACH PARTY TO THIS AGREEMENT HAS SOUGHT INDEPENDENT LEGAL COUNSEL BEFORE SIGNING THIS AGREEMENT. Employee: _______________________________ Date:____________________________________ Employer: _______________________________ Date:____________________________________ © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 6
Pages to are hidden for
"Employee Alternative Dispute Resolution Agreement"Please download to view full document