and It’s A Hitt Corp., and its subsidiaries, affiliated entities, successors, assigns, officers, agents or other employees (hereinafter referred to as “Company”). Except as provided herein, it covers all claims arising out of Employee’s application or candidacy for employment, employment with Company and/or the termination thereof, including, but not limited to, claims for breach of contract (express or implied); claims for violation of public policy; wrongful termination; tort claims; claims for unlawful discrimination and/or harassment (including, but not limited to, race, religious creed, color, national origin, ancestry, physical disability, mental disability, gender identity or expression, genetic identity, medical condition, marital status, age, pregnancy, military and veteran status, sex or sexual orientation) to the extent allowed by law; all claims for benefits; and claims for violation of any of the federal, state, or other government law, statute, regulation, or ordinance, except for claims for workers' compensation, unemployment insurance benefits, and petitions or charges that could be brought before the National Labor Relations Board. Nothing in this Agreement shall be construed to require arbitration of any claim if an agreement to arbitrate such a claim is prohibited by law.
Employee and Company agree that arbitration shall be the exclusive forum for resolving these claims provided, however, that either party may request provisional relief from a court of competent jurisdiction, as provided in California Code of Civil Procedure Section 1281.8. Employee and Company agree to submit any covered claim to binding arbitration pursuant to the provisions of the Federal Arbitration Act, 9 U.S.C. section 1, et seq. (or any successor or replacement statutes).
Claims must be filed within one year of the date the dispute first arose, or within one year of the termination of employment, whichever occurs first, provided, however that if the Employee’s or Company’s claim arises under a statute providing for a longer time to file a claim, that statute shall govern. Failure to timely file a claim shall constitute waiver of any right to raise said claim in any forum. Any demand for arbitration must be in writing.
Employee and Company agree to a waiver of class claims. The Arbitrator shall not have the power to hear arbitration as a class or representative action. Absent written consent of all parties, the Arbitrator shall also not have the power to consolidate claims of different individuals or multiple class members into one proceeding. However, the Arbitrator may consolidate different claims from a single individual.
If Employee and Company are unable to agree on a neutral arbitrator, Company will obtain a list of seven arbitrators from the Judicial Arbitration Mediation Services for cases over $50,000 in controversy or State Mediation and Conciliation Service for cases less than $50,000. Employee (first) and then Company will alternately strike names from the list until only one name remains, the remaining person shall be the arbitrator. Arbitration proceedings shall be held in San Bernardino, California, at a location mutually convenient to the Employee and Company.
The arbitrator shall apply applicable California and/or federal substantive law to determine issues of liability and damages regarding all claims to be arbitrated and shall apply the California Evidence Code to the proceeding. The parties shall be entitled to conduct reasonable discovery and the arbitrator shall have the authority to determine what constitutes reasonable discovery. The arbitrator shall hear motions for summary disposition as provided in the California Code of Civil Procedure.
Following a hearing conducted by the arbitrator, in a manner to be determined as mutually agreed to by the parties and/or by the arbitrator, the arbitrator shall issue a written opinion and award which shall be signed and dated. The arbitrator’s opinion and award shall decide all issues submitted and shall set forth the legal principles 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 the credible, relevant evidence. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The award of the arbitrator shall be binding, final and unappealable.
Employee and Company shall each bear their own costs for legal representation at any such arbitration. The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by Company.
Nothing contained herein shall be deemed to alter or modify Company’s policy of at-will employment. Employment at is at-will and can be terminated by either the Employee or the Company at any time, with or without cause or notice.
The Employee and Company hereby agree that this Agreement shall survive the termination of the Employee’s employment.
Both the Employee and Company understand that by using arbitration to resolve disputes they are giving up any right that they may have to a judge or jury trial with regard to all issues concerning employment, except as specifically provided herein.
No employee or other Company representative can modify this Agreement in any manner nor enter into any agreement that is contrary to this Agreement unless it is in writing and signed by the President.
If any provision of this Agreement, or its application to Employee or Company, is held by an arbitrator or court of competent jurisdiction to be invalid, unenforceable, or void, such provision shall be enforced to the greatest extent permitted by law, if any, and the remainder of this Agreement shall remain in full force and effect.