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Dollar Tree Sales Associate

Location:
New Haven, CT
Salary:
15.50 hourly.
Posted:
November 13, 2023

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DOLLAR TREE/FAMILY DOLLAR ARBITRATION PROGRAM:

FREQUENTLY ASKED QUESTIONS

The purpose of these Frequently Asked Questions (FAQs) is to summarize certain terms of the Arbitration Agreement between you and Dollar Tree/Family Dollar. You must read the Arbitration Agreement itself to understand how it works. If you have questions about the Arbitration Agreement, ask a lawyer. Dollar Tree/Family Dollar (the “Company”)1 is unable to provide you with legal advice. IN THE EVENT OF CONFLICT BETWEEN THE TERMS OF THIS FAQ AND THE ARBITRATION AGREEMENT, THE ARBITRATION AGREEMENT CONTROLS.

General Questions about the Arbitration Process

• What is arbitration?

• Arbitration is a dispute resolution process in which people agree to have a neutral arbitrator resolve a dispute between them instead of going to court. Arbitration is less formal than court, and it tends to be more efficient and less expensive.

• How is arbitration different from mediation?

Mediation is a voluntary non-binding dispute resolution process, whereas arbitration is binding. Parties to the Company’s Arbitration Agreement may decide to try to resolve their dispute through mediation before starting, or during, the arbitration process. Neither party is required to agree to mediation. Neither party is required to accept the mediator’s recommendation of how to resolve the dispute. If the parties do not agree to mediation, or if mediation is not successful, then the dispute will be arbitrated.

• Is Arbitration the only way for me to resolve disputes with the Company? No. All Associates are encouraged to use the Company’s Open Door Policy and to try to resolve concerns by communicating them to your Manager or another member of your management team. You may also contact Human Resources or call the Associate Connection at 1-800-***-****. The parties’ Arbitration Agreement is another available process for resolving disputes.

• Can we choose anyone to be the arbitrator?

You and the Company can jointly select a neutral arbitrator. The arbitrator must be either an attorney with experience in the subject matter of the dispute and licensed to practice law where the arbitration is conducted or a retired federal or state court judge who presided in the jurisdiction where the arbitration is conducted. If the Parties cannot agree, 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.

1 The “Company” or “Dollar Tree” means Dollar Tree, Inc. and any of its direct or indirect subsidiaries organized under the laws of the United States or a state or jurisdiction of the United States that employs Associate, including but not limited to Family Dollar Stores, Inc., Dollar Tree Stores, Inc., Dollar Tree Distribution, Inc., Dollar Tree Management, LLC, or Greenbrier International, Inc. 1

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• Who pays for arbitration?

It depends upon who initiates the claim. If the Company initiates the claim, it will pay all costs of the arbitration. If you initiate the claim, you will contribute the lesser of the filing fee required by the arbitration provider or the filing fee to initiate a claim in the court of general jurisdiction in the state where you sought employment (if you were an applicant only) or where you are or were last employed by the Company, with the Company making up the difference. Other than the amount of the filing fee, the Company will pay for the arbitrator and the administrative costs of the arbitration.

• Do I need a lawyer to arbitrate my claim?

No, you are not required to have a lawyer in arbitration. You may have a lawyer if you want.

• If I choose to hire a lawyer, how will my lawyer be paid? If you choose to use a lawyer to help you arbitrate, generally you will be responsible for paying your lawyer’s fees in the first instance. There are some circumstances in which the law requires the Company to pay your legal fees if you win in the arbitration. You will have the same right to an award of attorney’s fees in arbitration as you would have had in court.

• Where will the arbitration be held?

The arbitration will take place in the county where you applied or you work (or last worked) for the Company, unless both parties agree to another location.

• How will I be able to gather evidence for my case? Both you and the Company have the right to conduct some discovery in arbitration consistent with the procedures set forth in the arbitration agreement.

• How is arbitration started?

You or the Company may start arbitration by mailing a written “Demand for Arbitration” to the other party as soon as possible after the claim arises and by no later than the legal deadlines which would apply in court. The mailing must be sent by Certified or Registered Mail, return receipt requested. Notice of a claim against the Company must be sent to the Dollar Tree/Family Dollar Arbitration Program, c/o the Chief Legal Officer at 500 Volvo Parkway, Chesapeake, VA 23320. The notice must identify and describe the nature of the claims being made, the facts upon which the claims are based and the relief or remedy sought, including the monetary value of the amount in controversy. A Demand for Arbitration form can be found on www.dtarbitration.com.

• If The Company wants to sue me, can it go to court? In general, no. The Company is also bound by the Arbitration Agreement. The Arbitration Agreement does, however, provide certain limited circumstances that permit either you or the Company to go to court. For example, either you or the Company may pursue claims in small claims court or seek temporary equitable relief in court to aid the arbitration process.

• What is an Offer of Judgment?

An offer of judgment is something a defendant may use to encourage the other party to accept its 2

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settlement offer. When a defendant makes an offer of judgment, the other party (offeree) has 14 days in which to accept the offer. Any offer not accepted within the 14 days is automatically rejected. If an offeree rejects an offer of judgment and then does not obtain a more favorable judgment, then the offeree must pay the costs incurred by the defendant after the date the offer was made. Questions About Which Claims Are Covered By the Arbitration Agreement

• What disputes are covered by the Arbitration Agreement? The Arbitration Agreement requires arbitration of all disputes between you and the Company arising out of or related to your application for employment, or your employment or its termination, except as described below or in the Arbitration Agreement. Disputes subject to arbitration include disputes between you and the Company, its officers, directors, employees, or agents as well as disputes between you and the Company’s benefit plans or the plans’ sponsors, fiduciaries, administrators, affiliates and agents.

Disputes that must be arbitrated include, but are not limited to: o Overtime, misclassification as to exempt status, breaks, meal periods, expense reimbursement, pay for bank runs, off-the-clock work, unpaid wages or other compensation;

o Work conditions, including seating;

o Retaliation or discrimination;

o Breach of contract or torts;

o Benefit plans (with certain exceptions described below); o Intellectual property, trade secrets, or confidential information.

• What kinds of disputes do not have to be arbitrated? The Arbitration Agreement does not cover certain claims related to your employment with the Company, such as:

o A court action for temporary equitable relief in aid of arbitration, where available by law; o Claims for workers’ compensation or unemployment compensation benefits; o Claims that as a matter of controlling law cannot be subject to arbitration; o Claims for employee benefits under any benefit plan sponsored by the Company that is either (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance;

o Claims within the jurisdiction of a small claims court may not be arbitrated unless both the Company and you agree to do so; and

o Claims brought before, and remedies awarded by, an administrative agency if applicable law permits the agency to adjudicate the claim notwithstanding the existence of an 3

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agreement to arbitrate. Such administrative claims include claims or charges brought before the Equal Employment Opportunity Commission, the U.S. Department of Labor, or the National Labor Relations Board.

Other Questions about Arbitration

• Can I file, or participate in, a class action or collective action in arbitration? No. The Arbitration Agreement provides that claims subject to the Arbitration Agreement (including claims in small claims court) can only proceed on an individual basis. You cannot file or participate in a class or collective action in arbitration.

• Does the agreement to arbitrate waive my right to a jury trial? Yes. The Agreement provides that disputes are to be resolved by a single arbitrator. Both you and the Company are waiving the right to a court, other than small claims court, or jury trial. One of the reasons arbitration typically costs less than a jury trial is that the preparation and proceedings for a jury trial are normally more expensive and time consuming than for arbitration.

• Can I appeal an arbitrator’s decision?

Both you and the Company have only a very limited right to appeal an arbitrator’s decision. In most cases, the arbitrator’s decision is final and cannot be appealed. You should consult an attorney with any specific questions about your appeal rights.

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