Fill and Sign the Employment at Will Form

Agreement to Arbitrate Employment Claims Between Employer and At-Will Employee This Arbitration Agreement is made this the _________________ (date) between ________________________ (Name of Employer), a corporation organized and existing under the laws of the state of ________________, with its principal office located at _____________________________________________________________ ___________ (street address, city, state, zip code) , referred to herein as Company, and ____________________ (Name of Employee) of __________________________ ___________________________________________________ (street address, city, state, zip code) , referred to herein as Employee. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Any dispute, controversy or claim arising out of or in relation to Employee's employment with Company or regarding the termination of employment (with the exception of claims for workers' compensation, unemployment insurance and any other matter within the jurisdiction of a state labor commissioner or an equivalent state official), shall be settled by binding arbitration in accordance with the rules and procedures promulgated by the American Arbitration Association. 2. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. 3. The arbitration proceeding shall be held at a location mutually convenient to Employee and Company. 4. Civil discovery shall be permitted for production of documents and the taking of depositions. All discovery shall be governed by the _______________ (Name of State) Rules of Civil Procedure. All issues regarding compliance with discovery requests shall be decided by an arbitrator in accordance with the rules of the American Arbitration Association. 5. The arbitrator shall have the authority to award any remedy or relief that a ___________________________________ (Names of State) court could order or grant, including but not limited to specific performance, a payment of damages, issuance of injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. 6. This Agreement does not shorten time limits under which Employee may bring a claim to arbitration. The time limits under which a dispute, claim or controversy may be brought to arbitration will be governed by the applicable statutes of limitations as set forth in the ____________________ (Name of State) Code of Civil Procedure. 7. Following a hearing conducted by the arbitrator, the arbitrator shall issue a written opinion and award that shall be signed and dated. The opinion and award shall decide all issues submitted and shall set forth the legal principles and findings of fact supporting each part of the opinion. The arbitrator shall be permitted to award only those remedies in law or equity which are requested by the parties and which the arbitrator determines to be supported by credible, relevant evidence. 8. Employee and Company agree that arbitration in accordance with the rules of the American Arbitration Association shall be the exclusive forum for resolving all disputes arising out of or involving Employee's employment with Company or the termination of that employment (with the exception of claims for workers' compensation, unemployment insurance and any matter within the jurisdiction of the state labor commissioner or equivalent state official). All arbitration awards shall be binding upon the parties to this Agreement. 9. All fees and costs associated with the retention of the arbitrator (including the fees charged by the arbitrator) shall be borne by Company. However, each party shall bear the expense of its own counsel, experts, witnesses and the preparation and presentation of evidence. 10 . Nothing in this Agreement shall be construed as precluding any employee from filing a charge or complaint with the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB) or any other similar state or federal agency seeking administrative resolution of a dispute or claim. However, any claim that cannot be resolved administratively through such an agency shall be subject to this arbitration policy. 11. Nothing contained in this agreement shall be deemed to alter or modify the Company's policy of at-will employment. Employment at the Company is at-will and can be terminated by either Employee or Company at any time, with or without cause or notice. 12. Employee and Company agree that this Arbitration Agreement shall survive the termination of Employee's employment with Company. Employee certifies that he is aware that by entering into this Agreement, he is waiving his right to have his claims against Company, if any, tried before a jury. Employee further certifies that he has had the opportunity to consult with legal counsel prior to executing this Arbitration Agreement. 13. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 14.This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 15. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 16. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. _____________________________ (Name of Company) ________________________ By:_________________________ (Printed Name if Employee) __________________________ ________________________ (Printed Name & Office in Corporation) (Signature of Employee) ___________________________ (Signature of Officer)