As a condition of employment, ("Company"), and its successors and assigns and the undersigned Employee (the "Employee") enter into this Mutual Arbitration Agreement (Agreement"). The parties acknowledge by their signatures below that this Agreement is supported by adequate consideration. The parties acknowledge and understand that any company to whom Employee is assigned for work can enforce the provisions of this Agreement.
Agreement so Arbitrate Certain Disputes and Claims
With the sole exception of those claims specifically excluded from this Agreement, the Company and Employee mutually agree to arbitrate before a neutral arbitrator any and all disputes or claims, which would otherwise be subject to resolution in court, arising from or relating to Employee's recruitment to or employment with the Company, or the termination of that employment, whether the disputes or claims arise in tort, contract, or pursuant to a statute, regulation, or ordinance now in existence or which may in the future be enacted or recognized, including, but sol limited to, the following claims.
- alleged violations of federal, state and/or local constitutions, statutes, or regulations, including, but not limited to Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 55 12101), any violation of the Civil Rights Act of 1964, as amended (42 U.S.C. $52000e, et, seq.)
*Title VII"), the California fair Act ("ETHA"), the Lqual Pay Act of 1963 (29 USC § 2006(d)), any clairns under 42 U.S.C. Section 1921, claims under the traployee Retirement Income Security Act ("ERISA"), any claims under the Age Discrimination in Employment Act of 1967 ("ADEA"), the Older Workers Benefit Protection Act ("OWBPA") and the family and Medical Leave Act (29 USC § 2601, et seq("FML4") or its state law counterparts
- claims based on any purported beach of a contractual obligation, including claims for fraud, promissory estoppel, breach of the covenant of good faith and fair dealing and for interference with contract and/or prospective economic advantage.
- claims based on any purported breach of a duty arising in tort, including violations of public policy and defamation.
- claims for wrongful termination of employment or constructive termination.
- claims for non payment or incorrect payment of wages, commissions, bonuses, severance, employee fringe benefits, leave benefits, and stock options.
We further understand and agree that the following claims are not covered by this Agreement and Shail therefore be resolved in any appropriate forum, including courts of law, as required by the laws then in effect: (1) workers' compensation claims; (2) unemployment insurance benefits claims: (3) disputes or claims that are expressly excluded by statute, state law or applicable court decision from being resolved by mandatory arbitration; and (4) disputes that are expressly required to be arbitrated under a different procedure pursuant to the terms of an employee benefit plan.
This Agreement shall not prevent either party from seeking from a court the remedy of an injunction for a claimed misappropriation of a trade secret, patent right, copyright, trademark, or any other intellectual or confidential property
Moreover, nothing in this Agreement should be interpreted as waiving the right or obligation of an Employee to file a charge or complaint with a federal, state, or local administrative agency charged with investigating and/or prosecuting complaints under any applicable federal, state or municipal law or regulation. Any demand for arbitration by either the Employee or the Company shall be filed within the statute of limitation that is applicable to the claim(s) upon which arbitration is sought or required. Any failure to demand arbitration within this time frame shall constitute a waiver of all rights to raise any claims arising out of any dispute that was subject to arbitration.
Class Action Waiver
Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or brought in a purported representative capacity on behalf of others, to the extent permissible under applicable taw. The arbitrator's authority to resolve and make written awards is limited to Claims between Employee and the Company alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in the agreement, and without waiving at her pany's right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed Invalid or unenforceable, then the entire Arbitration. Provision (other than this sentence) shall not apply.
Hearing Procedure
Except as provided herein, we understand and agree that the arbitration shall be conducted in accordance with the existing National Rules for the Resolution of Employment Disputes of the American Arbitration Association; provided, however, that the Arbitral or shall allow the discovery authorized by the Federal Rules of Civil Procedure or any other discovery required by applicable law in arbitration proceedings.
Award Procedures
The Arbitrator shall issue a written award that sets forth the essential findings and conclusions on which: the award is based. The Arbitrator shall have the authority only to determine the issue (s) submitted to him/her. The issue (s) may be identifiable in the "Request for Arbitration" or counterclaim(s). Except as required by law, any issue(s) not identifiable in those documents is outside the scope of the Arbitrator's jurisdiction and any award involving such issue (s), upon motion by a party shall be vacated.
The Arbitrator shall adhere to the terms of this Agreement. The Arbitrator shall have no power to add to or modify the terms of this Agreement. In reaching a decision, the Arbitrator shall be bound by the law and applicable legal precedent ad shall have no power to vary from the law or legal precedent. The Arbitrator's award shall be final and binding, except that it shall be subject to correction, confirmation or vacation, as provided by any applicable law setting forth the standard of judicial review of arbitration awards.
Place of Arbitration
We understand and agree that the arbitration shall take place in Orange County, California.
Governing Law
We understand and agree that this Agreement and its validity, construction, and performance, as well as disputes and/or claims arising under this Agreement shall be governed by the Federal Arbitration Act ("FAA").
in rendering the award, the arbitrator shall determine the rights and obligations of the parties according to the substantive and procedural laws of California, as though the arbitrator was a court of competent jurisdiction in California. The arbitrator will have the same power to award any remedies, including attorney's fees and costs, as a California court would have in determining the dispute. The parties further agree that the arbitrator shall not be empowered to add to, subtract from, or modify, user, or amend the terms of this Agreement.
Costs of Arbitration
The Company will bear the arbitrator's fees and expenses of any arbitration pursuant to this agreement. The arbitrator shall grant an award of attorneys' fees if such an award is permissible or required by law.
Severability
We understand and agree that if any provision of this Agreement is determined to be wholly or partially illegal, invalid, contrary to public policy or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal, unenforceable, or invalid part, term, or provision shall be first amended to give it/them the greatest effect allowed slaw and to reflect the intent of the parties
Knowing and Voluntary Agreement
We agree that we have read this Agreement carefully and understand that by signing it, we are waiving all rights to a trial or hearing before a court or jury of any and all disputes and claims subject to arbitration under this Agreement. Nothing in this agreement alters the "at will" nature of employment with the Company.
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