Arbitration Policy for Disputes Involving Employees

Arbitration Policy for Disputes Involving Employees

Generally

In consideration of employees accepting or continuing employment with the Company, each employee agrees that any and all controversies, claims, or disputes with anyone (including without limitation the Company and any employee, agent, officer, director, member, or stockholder of the Company (in their capacity as such or otherwise) arising out of, relating to, or resulting from the employee’s employment with the Company or the termination of the employee’s employment with the Company, shall be resolved exclusively through confidential, binding arbitration.  Disputes which each employee agrees to arbitrate, and with respect to which each employee hereby agrees to waive any right to a trial by jury, include without limitation, any dispute associated with compensation, benefits, promotion, termination of employment, harassment, discrimination, and any common law (i.e. any claims relating to any contract or tort claim) or statutory claims arising 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, any state laws of similar effect, and any other statutory claims.  An equivalent agreement to arbitrate shall also apply to any claims that the Company may have against an employee.

Procedure

Any arbitration shall be administered and conducted by the American Arbitration Association (“AAA”) pursuant to the then current AAA’s National Rules for the Resolution of Employment Disputes (the “Rules”).  A neutral arbitrator shall be selected in a manner consistent with the Rules and the arbitration proceeding shall allow for discovery according to the Rules and applicable state law.  The arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing.  The Company shall pay for the first $5,000 of administrative or hearing fees charged by the arbitrator or AAA, and thereafter the cost of the arbitration will be borne equally by the parties, unless otherwise required by law.  Each party shall pay its own attorneys’ fees and related expenses, unless otherwise provided by law...