Visiting Angels - Employee Onboarding Paperwork

Position purpose: The Home Care Aide/Caregiver performs services for the client as necessary to maintain the personal care and comfort of the client.  The Home Care Aide/Caregiver reports directly to the Care Coordinator or Care Manager.

Classification: Hourly, Non-Exempt

Hours of Work: Part-time, temporary employment that is dependent on the needs of the clients. Hours are not guaranteed on an hourly or weekly basis. 

Principal Accountabilities:

• Understand and adhere to information and precautions contained in individual client’s Home Plan of Care.
• Assist the client with personal care activities, including bathing, skin care, back rub, hair care, nail care, dressing and undressing, feeding, oral hygiene, shaving, grooming and bedtime care.
• Assist the client with client’s self-administration of medications.
• Assist the client to the bathroom or in use of urinal or bedpan.  Keep incontinent clients clean and dry.
• Assist the client with personal communication skills, as needed.
• Prepare appropriate documentation of the client care or service(s) furnished.
• Report all client and employee incidents/accidents to supervisor immediately.
• Assist the client with exercise, ambulation and transfer activities.  Be aware of proper body mechanics.
• Observe safety precautions, including wiping up wet floors, spills and other falling hazards immediately.  Also, report safety hazards, frayed electrical cords, unsecured handrails, malfunctioning smoke and carbon monoxide detectors/alarms, defective equipment or environmental hazards to supervisor on the same day of observation.
• Engage in respectful social interaction with client, including friendly conversation and empathic support, as well as respecting client’s privacy and property.
• Exhibit positive attitude and behavior and demonstrate respect for clients.
• Maintain absolute confidentiality of all information pertaining to clients, including clients’ families.
• Respond and attend to client’s requests promptly.
• Communicate effectively with all members of the team.
• Maintain proper hand washing techniques.
• Participate in required in-service training programs to meet regulatory requirements.
• Understand the importance of seeking assistance, as needed, from your supervisor and/or others; demonstrate capability and dependability in following instructions.
• Understand that regular, consistent attendance is necessary to serve clients.
• Accept and fulfill assignments with the agency; exercise judgement in accepting assignments.
• Perform related duties and responsibilities as deemed appropriate by the management team.

Specific job knowledge, skills and personal abilities required:

• Must be at least 18 years of age.
• Demonstrate sympathetic attitude toward caring for others.
• Previous experience in private duty home care preferred.
• Ability to remain flexible, resilient, calm and maintain a sense of humor, and present a well-groomed professional image.
• Ability to generate goodwill for the agency with clients, their family members and other referral sources.  Demonstrate a strong commitment to client service excellence.
• Possess and maintain current TB testing results and other agency-required certifications.
• Ability to lawfully work in the U.S.

Physical/Environmental Demands:

• Sitting, standing, bending, reaching, stretching, stooping, walking, climbing stairs, and moving intermittently during work hours.
• Must be able to lift at least 50 lbs., with or without reasonable accommodations.
• Must be able to see and hear or use prosthetics that will enable these senses to function adequately to ensure that the requirements of this position can be fully met.
• Must be able to properly operate office equipment.
• Must be able to maintain verbal and written communication with co-workers, leadership team, supervisors, clients, family members, vendors and all business associates within or outside the agency.
• All the above demands are subject to ADA requirements.

I. Angel Code of Conduct

• Always treat coworkers and clients with compassion and respect.
• Alert the office immediately when unable to make it to a scheduled shift.
• Avoid absenteeism and lateness, plan accordingly.
• Respect client homes and property.
• Perform all duties as described on the care plan in a satisfactory manner.
• Communicate client changes or requests to office.
• Keep all client information confidential.
• Remain alert and available to client for entire scheduled shift.
• Maintain a healthy work environment (no smoking, partaking in alcohol or illicit drugs).
• Provide 100% honesty in all documentation and timekeeping.
• Refrain from involvement in client financial transactions.
• Adhere to all agency policies and procedures.
• Present in a clean, well groomed, professional manner, including closed-toe footwear, no dangling jewelry and a visible Visiting Angels name badge.

II. Payroll

• I am expected to use the designated time-keeping system at the beginning and end of each scheduled shift.  Improper documentation could lead to disciplinary actions or legal consequences.
• I agree to submit my completed time records upon completion of my workday.
• I understand my paycheck is driven by my accurate documentation.

III. Confidentiality

• I acknowledge that confidentiality of client personal and medical history is of utmost importance, agency policy and required by federal law.

IV. Visiting Angels Employment

• I am aware that my employment is “at-will” and is with Angel Network Inc. d/b/a Visiting Angels of Renton, not with the individual client.
• Any discussion around hourly wages, increase in wages, need for additional hours should be directed to my supervisor, not the client.

V. Client Incidents/Complaints

• It is my responsibility to report any client incident or complaint to the office in a timely manner.
• I can bring complaints or ask questions to the office without fear of reprisal.

VI. Electronic Device Utilization

• Use of the client’s electronic devices or phones will be limited to communication authorized by the office or in cases of emergency.
• Use of my personal device during scheduled client shift is limited to emergency use only.
• I will ensure safe practices when using mobile devices during hours of work.
  • I will not text or email while driving.
  • I will only use Bluetooth or Hands-free when driving.
  • Only use device when it is safe, in accordance with the law.

VII. Compliance

• I will comply with job requirements as relevant.
  • CNA or HCA certifications
  • TB inoculation
  • Mandatory in-services
  • First Aid/CPR certifications
  • Food Worker Card
  • All others as assigned

VIII. Representative/Ambassador

• I understand that I am an Ambassador of Visiting Angels of Renton and that through my appearance and actions, I am representing the mission and values of the organization.

Policy: 
No employee and/or caregiver may receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value as a gift, gratuity or favor from a client or care recipient.

As an employee of Angel Network Inc. d/b/a Visiting Angels of Renton, all office staff and caregiver personnel must abide by this policy.  I agree to not accept anything of economic value as a gift, gratuity or favor from a client or care recipient.

Procedures:

1. Medical emergency/life threatening situations:

1. Call the emergency rescue service (911) or direct someone else to do so.  However, if the client is on Hospice, then Hospice must be called and not 911.
2. Stay with the client and provide aid within the scope of practice of the personnel present until the emergency rescue service arrives.
3. Notify the Administrator or Care Coordinator.
4. Document clearly and completely the circumstances of the emergency.

2. Non-life-threatening medical emergencies:

1. Contact the Care Coordinator or the Administrator and inform of the situation.

3. Unexpected death of a client:

1. Call 911 and notify the Administrator or Care Coordinator.  However, if the client is on Hospice, then Hospice must be called and not 911.
2. Stay in attendance until the medical examiner or police arrive or until you are advised to.
3. Do not disturb the body.

4. Inability to gain access to the client’s residence:

1. Caregivers who cannot gain access to the client may lead to unsafe conditions, so they must pursue all possible avenues for ascertaining the condition of the client.
2. Notify the Administrator or Care Coordinator.
3. Contact resources available in community to gain access to the home and determine the status of the client.

5. In the event of a man-made or natural disaster, the agency procedure will be as follows:

1. The agency will maintain a list of the most medically fragile clients.
2. The agency will instruct all medically fragile clients to contact their local fire/emergency resources in the community and inform them of their medical needs in case of an emergency or disaster.  The agency will make every effort to provide priority care to these clients in the case of a man-made or natural disaster.

Back Safety

No caregiver shall dead-lift more than 50 pounds while performing home care services except in an emergency situation where heavier lifting is necessary to prevent serious bodily injury to client or caregiver.

If a client makes a special service request that may compromise caregiver’s back safety, the issue must be brought to Angel Network Inc. d/b/a Visiting Angels of Renton (“Visiting Angels”)’s Director or Care Manager prior to caregiver performing the requested service.                   

Home Safety

Caregiver must notify the office of any and all unsafe observations made in the client’s home.  Examples include, but are not limited to, the following:

• Any loose carpeting on hardwood, tile or vinyl flooring.
• Any exposed and/or questionable wiring such as worn-out extension / lamp cords for any lights and/or appliances.
• Any flammable materials exposed to the elements of the client’s home.
• No certified and current fire extinguisher available in the kitchen area of the client’s home.
• No smoke detectors in the home.
• Please make careful and safety-conscious observations to ensure everyone’s safety.

Caregiver acknowledges that Visiting Angels has other safety rules that must be followed, in addition to what is acknowledged above.

Policy:

Angel Network Inc. d/b/a Visiting Angels of Renton (“Visiting Angels”) is licensed as a non-medical home care agency and is required to abide by state regulations prohibiting the administration of medications.  As such, all employees are to refrain from giving, applying or dispensing medications, unless under the guidelines of Nurse Delegation.

The following guidelines are set up to help further define what a caregiver can and cannot do when Nurse Delegation does not apply:

Guidelines:

1. The caregiver may:

1. Remind the client when it is time to take a prescribed medication.
2. Read the medication label to the client.
3. Hand the container of medication to the client.
4. Assist with the application of skin, rectal, nose, eye and ear preparations, according to label direction, only when the client is oriented and capable of supervising the application by the caregiver, and the task is assigned in the Care Plan.
5. Be certain that medications are stored safely, out of reach of children, and refrigerated when indicated.

2. The caregiver may not:

1. Place the medications in the client’s mouth.
2. Position their hand over the client’s hand and place medication in the client’s mouth.
3. Push a button on a device that administers medication to a client.
4. Give advice or opinions about medication to be taken by the client.
5. Remove oral medications from containers.
6. Draw-up or administer medications by injection.

Caregivers will immediately call their supervisor if there are any questions or concerns about client’s medications.  Under no circumstances will a caregiver call the client’s doctor or family without prior authorization from the caregiver’s supervisor.

Policy:

Washington state law requires that all suspected abuse or neglect of children and dependents or vulnerable adults are reported to appropriate authorities to prevent further abuse and to safeguard the client.  All personnel must be constantly alert for any signs of abuse and neglect of their clients.  Any employee who has reasonable cause to believe that a child or dependent or vulnerable adult has suffered abuse, exploitation, neglect, abandonment or is otherwise in need of protective services must report such information immediately to the Administrator of Angel Network Inc. d/b/a Visiting Angels of Renton.

Definitions:

Vulnerable adult: Vulnerable adults include a person:

1. 60 years of age or older who has the functional, mental and physical inability to care for him/herself.
2. Found incapacitated under Chapter 11.88 RCW.
3. Who has a developmental disability under Chapter 71 A 10 RCW.
4. Admitted to any facility; or
5. Receiving services from home care, hospice or home care agencies licensed or required to be licensed under Chapter 7.127 RCW; or
6. Receiving services from an individual provider.

Abandonment: means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter or health care.

Abuse: the willful action or inaction that inflict injury, unreasonable confinement, intimidation or physical punishment on a vulnerable adult.  In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain or mental harm, the abuse is presumed to cause physical harm, pain or mental anguish.  Abuse includes sexual abuse, mental abuse and exploitation of a vulnerable adult, with the following meaning:

Sexual abuse: includes any sexual contact between a staff person, who is also a resident or client of a facility, or a staff person of a program authorized under 71A.12RCW, and a vulnerable adult living in that facility or receiving service from a program authorized under Chapter 71A.12RCW, whether it is consensual.

Physical abuse: means the willful action of inflicting bodily injury or physical mistreatment. Physical abuse includes, but is not limited to, striking with or without an object, slapping, pinching, choking, kicking, shoving or prodding, or the use of chemical or physical restraints, unless the restraints are consistent with licensing requirements, which includes restraints that are otherwise being used appropriately.

Exploitation: means the illegal or improper use of a frail elder or vulnerable adult or that person’s income and resources, including trust funds, for another person’s profit or advantage.

Neglect: means a pattern of conduct or inaction by a person or entity with a duty of care for frail elder or vulnerable adult that results in the deprivation of care necessary to maintain the vulnerable person’s physical or mental health.  This may include “self-neglect”, which means the failure to provide oneself the goods and/or services necessary to avoid physical harm, emotional harm or medical harm.  This definition excludes a person who is competent to make a voluntary decision to live his or her life in a certain manner, which may threaten his or her safety or well-being.

Person or entity with a duty of care includes, but is not limited to, the following:

1. A guardian appointed under Chapter 11.88 RCW.

2. A person or entity providing the necessities of life to frail elder or vulnerable adults where:

A. The person or entity is employed by or on behalf of the frail elder or vulnerable adult.

Mandatory Reporters

Procedure:

1. All agency staff are “mandatory reporters” and may contact APS or CPS prior to contacting company supervisory staff.

2. Immediately notify the supervisory staff of any signs of possible abuse, neglect, exploitation or abandonment, including:

1. Signs of abuse and/or neglect of adults, such as bruises, injuries or burns.
2. A time lapse between the incident of an accident or injury occurred and the physical findings.
3. Inconsistency between description of how injury occurred and the physical findings.
4. A series of previous unexplained findings.
5. “Doctor hopping”.

3. When the client is a dependent or vulnerable adult:

1. The agency will immediately report suspected abuse or neglect to APS.
2. A written report will be sent to the appropriate authorities within five (5) days of the verbal report.

Any evidence of abuse, neglect, exploitation or abandonment and actions taken regarding these incidents will be completely documented in the client care record.

Policy:

All accidents, incidents or unusual occurrences involving clients or employees will be reported immediately to the supervisory staff at Angel Network Inc. d/b/a Visiting Angels of Renton (“Visiting Angels”).  If no supervisory staff can be reached, a detailed voicemail must be left on the office phone.

Definitions:

Incident – Any unusual occurrence witnessed by or involving an employee and client of the agency.

Incident Report – The Incident Report constructs the factual details of incidents involving clients or employees.  An Incident Report is not an admission of fault or liability.

Procedure:

1. Accidents or incidents involving life-threatening situations will be reported immediately to the Care Coordinator.  Should the Care Coordinator not be available, then the Director of Operations must be contacted.
2. The employee involved will report non-urgent situations to the Care Coordinator or the Director of Operations immediately upon occurrence.
3. The employee attending the client at the time of the accident or incident documents all accidents, injuries or incidents involving clients on the incident form.
4. Accidents or incidents involving employees will be documented on the incident report form by the affected employee and submitted to the Visiting Angels office immediately upon completion.
5. Completed forms, when received, are submitted to the Care Coordinator for review, consideration of corrective action and Quality Assurance activity.
6. Incidents will be reviewed as part of the Quality Assurance program.
7. Completed incident report forms will be kept in the agency’s administrative files.

The following are examples of things that should be considered incidents that require reporting as they occur:

• Client falls – either before you arrive or while you are there.
• Client Illness – document fever, vomiting and any other symptoms and/or observations that would be helpful to medical professionals in diagnosing.
• Unusual behavior(s) by client – such as disorientation, depression, anger, sadness/crying.
• Client injury – no matter how small and insignificant it may seem to you.
• Client refuses services.
• Client refuses to take meds – document it each time you offer/remind, and he/she refuses.  Call office same day to report this to the Care Coordinator.
• Caregiver injury – no matter how small or insignificant it may seem to you.
• Persons who visit client that exhibit odd/unusual behavior or make the client and/or you feel uncomfortable.
• Threats of violence or violence to you by the client/family member.
• Sexual advances to you by the client/family member.
• Sexual harassment to you by the client, i.e., comments that make you uncomfortable, including off-color jokes.

This Mutual Arbitration Agreement (“Agreement”) is between Employee and Angel Network Inc. d/b/a Visiting Angels of Renton (“Agency”).  The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs this Agreement.  The parties understand and agree that the Agency is engaged in transactions involving interstate commerce and that this Agreement evidences a transaction involving interstate commerce. EXCEPT AS THIS AGREEMENT OTHERWISE PROVIDES, ALL DISPUTES COVERED BY THIS AGREEMENT WILL BE DECIDED BY AN ARBITRATOR THROUGH FINAL AND BINDING ARBITRATION AND NOT BY WAY OF COURT OR JURY TRIAL.

1. Covered Claims/Disputes.  Except as otherwise provided in this Agreement, this Agreement applies to any and all disputes, past, present or future, that may arise between Employee (sometimes “you” or “your”) and Agency, including without limitation any dispute arising out of or related to Employee’s application, employment and/or separation of employment with Agency.  This Agreement applies to a covered dispute that Agency may have against Employee or that Employee may have against Agency, its parent companies, subsidiaries, related companies and affiliates, franchisors, or their officers, directors, principals, shareholders, members, owners, employees, and managers or agents, each and all of which may enforce this Agreement as direct or third-party beneficiaries.

The claims subject to arbitration are those that absent this Agreement could be brought under applicable law.  Except as it otherwise provides, this Agreement applies, without limitation, to claims based upon or related to the application for employment, background checks, privacy, the employment relationship, discrimination, harassment (except for conduct that is alleged to constitute sexual harassment under applicable federal, tribal or state law), retaliation, defamation (including claims of post-employment defamation or retaliation), breach of a contract or covenant, fraud, negligence, emotional distress, breach of fiduciary duty, trade secrets, unfair competition, wages, minimum wage and overtime or other compensation claimed to be owed, breaks and rest periods, expense reimbursement, seating, termination, tort claims (except for claims of nonconsensual sexual act or sexual contact, as such terms are defined in 18 U.S.C. § 2246 or similar tribal or state law, including when the victim lacks capacity to consent), equitable claims, and all statutory and common law claims unless specifically excluded below.  Except as it otherwise provides, the Agreement covers, without limitation, claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Fair Labor Standards Act, Rehabilitation Act, the Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, 8 U.S.C. § 1324 (unfair immigration related practices), the Pregnancy Discrimination Act, the Equal Pay Act, the Genetic Information Non-Discrimination Act, Employee Retirement Income Security Act of 1974 (except for claims for employee benefits under any benefit plan sponsored by the Agency and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefit Protection Act of 1990, False Claims Act, Occupational Safety and Health Act, Consolidated Omnibus Reconciliation Act of 1985, and state statutes or regulations, if any, addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to Employee’s employment or the termination of employment.

Additionally, except as provided in this Section 3 of this Agreement, Employee and the Agency agree that the arbitrator shall have exclusive authority to resolve any dispute relating to the scope, validity, conscionability, interpretation, applicability, or enforceability of this Agreement.

2. Excluded Claims/Disputes.  This Agreement does not apply to litigation between you and Agency pending in a state or federal court or arbitration as of the date of your receipt of this Agreement and in which you are a party or a member or putative member of an alleged class (“pending litigation”).  If that pending litigation is subject to an agreement to arbitrate between Employee and the Agency, that agreement will remain in full force and effect to that extent.  The Agreement also does not apply to: (i) claims for worker’s compensation benefits, state disability insurance or unemployment insurance benefits; however, this Agreement applies to retaliation claims related to such benefits, such as claims for worker’s compensation retaliation; and (ii) disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement.

Nothing contained in this Agreement shall be construed to prevent or excuse you (individually or in concert with others) or the Agency from utilizing the Agency’s existing internal procedures for resolution of complaints, and this Agreement is not intended to be a substitute for the utilization of such procedures.  In addition, either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Agreement.  The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.

Nothing in this Agreement prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, Occupational Health and Safety Administration or the Office of Federal Contract Compliance Programs, or any other federal, state or local government agency.  Nothing in this Agreement prevents the investigation by a government agency of any report, claim, or charge otherwise covered by this Agreement. This Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Agreement.  Nothing in this Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration.  The Agency will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.  This Agreement also does not prevent or prohibit you in any way from reporting, communicating about, or disclosing claims for discrimination, harassment, retaliation, or sexual abuse or a crime, or from making truthful statements as required by law.

This Agreement does not apply to any claim that an applicable federal statute state cannot be arbitrated or subject to a pre-dispute arbitration agreement.  For example, this Agreement does not apply to sexual assault disputes or sexual harassment disputes, as those terms are defined in Chapter 4 of the Federal Arbitration Act (9 U.S.C. § 401 et seq.).

3. Arbitration conducted under this Agreement is not confidential.  We understand and agree that nothing contained in this Agreement prohibits the disclosure of information related to any arbitration, and expressly agree that nothing in this Agreement may be construed to invalidate this Agreement or any portion thereof based on laws or regulations that render contracts void or unenforceable if they provide for a dispute resolution process that is confidential.  

4. Class and Collective Action Waiver.  This Agreement affects your ability to bring or participate in class and collective actions.  Both you and Agency agree to bring any covered claim(s) or dispute(s) in arbitration on an individual basis only, and not on a class or collective action basis on behalf of others.  There will be no right or authority for any covered claim(s) or dispute(s) to be brought, heard, or arbitrated as a class or collective action, or as a member in any such class or collective action proceeding, and the arbitrator will have no authority to hear or preside over any such claim(s) or dispute(s) (“Class Action Waiver”).  Regardless of anything else in this Agreement and/or the American Arbitration Association (“AAA”) Rules (described below), any dispute relating to the scope, validity, conscionability, interpretation, applicability, or enforceability of the Class Action Waiver, or any dispute relating to whether this Arbitration Agreement precludes a class or collective action proceeding, may only be determined by a court and not an arbitrator.  In any case in which (a) the dispute is filed as a class or collective action and (b) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.  You will not be retaliated against, disciplined, or threatened with discipline by the filing of or participation in a class or collective action in any forum.  However, Agency may lawfully seek enforcement of this Agreement and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.  The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

5. Arbitrator Selection.  If the claim is not resolved via informal resolution, the parties will proceed to arbitration before a single arbitrator and in accordance with the then current AAA Employment Arbitration Rules (“AAA Rules”) (the AAA Rules may be found at www.adr.org or by searching for “AAA Employment Arbitration Rules” using a service such as www.Google.com), provided, however, that if there is a conflict between the AAA Rules and this Agreement, this Agreement will govern.  Unless the parties mutually agree otherwise, the Arbitrator will be either an attorney experienced in employment law or a retired judge.  The AAA will give each party a list of 11 arbitrators drawn from its panel of arbitrators.  Ten (10) days after AAA’s transmission of the list of neutrals, AAA will convene a telephone conference and the parties will strike names alternately from the list of common names, until only one remains.  The party who strikes first will be determined by a coin toss.  The person that remains will be designated as the Arbitrator.  If for any reason, the individual selected cannot serve as the Arbitrator, AAA will issue another list of 11 arbitrators and repeat the alternate striking selection process.  If for any reason the AAA will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted to appoint a neutral Arbitrator.

6. Initiating Arbitration.  A party who wishes to arbitrate a claim covered by this Agreement must make a written Request for Arbitration and deliver it to the other party by hand or mail no later than the expiration of the statute of limitations (deadline for filing) that applicable law prescribes for the claim.  The Request for Arbitration shall identify the claims asserted, the factual basis for the claim(s), and the relief and/or remedy sought.  The Arbitrator will resolve all disputes regarding the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if the claim(s) had been brought in court.

7. Rules/Standards Governing Proceeding.  The Arbitrator may award any remedy to which a party is entitled under applicable law, but remedies are limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual under applicable law will be forfeited by this Agreement.  Each party can take the deposition of one individual witness and any expert witness designated by another party.  Each party also has the right to make requests for production of documents to any party.  The parties can jointly agree to more discovery, and either party can ask the Arbitrator to order more discovery to the extent permitted by the Federal Arbitration Act.  The Arbitrator will have exclusive authority to entertain requests for additional discovery, and to grant or deny such requests, based on the Arbitrator’s determination regarding whether additional discovery is warranted by the circumstances of a particular case.  Each party will also have the right to subpoena witnesses and documents for the arbitration, including documents relevant to the case from third parties in accordance with any applicable state or federal law.  At least 30 days before the final hearing, the parties must exchange a list of witnesses, excerpts of depositions to be introduced, and copies of all exhibits to be used.

Unless the parties jointly agree in writing otherwise, the arbitration will take place in or near the city and in the same state in which Employee is or was last employed by the Agency.  The Arbitrator shall apply the substantive federal, state, or local law applicable to the claims asserted.  The Federal Rules of Evidence shall apply.  The Arbitrator has the authority to hear and rule on pre-hearing disputes.  The Arbitrator will have the authority to hear and decide a motion to dismiss and/or a motion for summary judgment by any party, consistent with Rule 12 or Rule 56 of the Federal Rules of Civil Procedure and must set a briefing schedule for such motions upon the request of either party.  The Arbitrator will issue a written decision or award, stating the essential findings of fact and conclusions of law.  A court of competent jurisdiction will have the authority to enter judgment upon the Arbitrator’s decision/award.

8. Payment of Fees.  The Agency will pay the Arbitrator’s and arbitration fees and costs, except for the filing fee as required by the AAA.  If you are financially unable to pay a filing fee, the Agency will pay the filing fee, and you will be relieved of the obligation to pay the filing fee.  Disputes regarding the apportionment of fees will be decided by the Arbitrator.  Each party will pay for its own costs and attorneys’ fees, if any, but if any party prevails on a claim which affords the prevailing party costs or attorneys’ fees, the Arbitrator may award costs and fees to the prevailing party as provided by law.

9. Entire Agreement/Severability.  Except as provided in Section 2, above, regarding pending litigation, this Agreement replaces all prior agreements (oral, written, electronic) regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Agreement.  If any portion of this Agreement is deemed invalid, void, voidable, or otherwise unenforceable, the unenforceable provision will be severed from the Agreement and the remainder of the Agreement will be enforceable.  This Agreement will survive the termination of Employee’s employment and the expiration of any benefit.  This Agreement will also continue to apply notwithstanding any change in Employee’s duties, responsibilities, position, or title, or if Employee transfers to any affiliate of the Agency.  This Agreement does not alter the “at-will” status of Employee’s employment.  Notwithstanding any contrary language in any Agency policy or employee handbook, this Agreement may not be modified or terminated absent consent by both parties.

10. Consideration.  The Agency and Employee agree that the mutual obligations by the Agency and Employee to arbitrate disputes provide adequate consideration for this Agreement.

11. Effective Date.  By signing this Agreement, it becomes effective immediately. However, should Employee not sign this Agreement, continuing your employment with the Agency for a period of 30 days after your receipt of this Agreement constitutes mutual acceptance of the terms of this Agreement commencing upon completion of that 30-day period, and the Agreement will be binding on you and the Agency.  You have the right to consult with counsel of your choice concerning this Agreement.

By signing below, I acknowledge that I have read and understand the different policies and procedures set forth by Angel Network Inc. d/b/a Visiting Angels of Renton. I agree to comply with the policies and expectations, acknowledging that failure to do so may lead to disciplinary action, up to and including termination.