Employee Alternative Dispute Resolution Agreement

Document Sample
Employee Alternative Dispute Resolution Agreement Powered By Docstoc
					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

				
DOCUMENT INFO
Description: 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.
Customize This Document Instantly download your personalized document Guided Fill-in-the-Blank Process
This document is also part of a package Building a Business Team 101 20 Documents Included