Post Job Free

Resume

Sign in

Claims Litigation

Location:
Pontotoc, MS
Salary:
13.00
Posted:
October 24, 2021

Contact this candidate

Resume:

* ** *

AGREEMENT FOR RESOLUTION OF DISPUTES PURSUANT TO BINDING ARBITRATION

BETWEEN NASHVILLE QUALITY, LLC AND Employee Name

Arbitration is an alternative to litigation that provides employers and employees with an efficient way to resolve disputes. Arbitration is similar to litigation, but is conducted outside of the court system, using an arbitrator instead of a judge or jury to resolve a dispute. Nashville Quality, LLC (“Nashville”) has established a mandatory arbitration program (“the Mandatory Arbitration Program” or “MAP”) in an effort to resolve disputes between Nashville and its employees in an efficient manner. Nashville pays for the arbitrator and the forum, but you are responsible for costs that you would otherwise incur going to court, such as filing fees and the fees of your own attorney. Under this arbitration program, which is a required condition of your employment, Nashville and you agree that any dispute arising under or related to your employment or this Agreement, including questions of arbitrability, shall be resolved by arbitration before JAMS, an independent national arbitration association, in accordance with the employment arbitration rules of JAMS. Any arbitration award shall be final and binding upon the parties, and any court having jurisdiction may enter a judgment on the award. Disputes subject to this Agreement include any and all claims, controversies and disputes related to your employment, the terms of your employment, the termination of your employment, your compensation, the interpretation of your offer letter or any employment-related agreement, and claims relating to events occurring outside the scope of your employment but logically related to your employment

(collectively, “Claims”). Nashville desires a fair process and the arbitration will meet the standards set by JAMS (the

“Procedural Standards”) designed to ensure an employee a fair hearing, including the selection of an independent, neutral arbitrator who has no relationship to Nashville or its management. To start the arbitration process, Nashville or you may send a written request for arbitration and the filing fee to JAMS at 620 Eighth Avenue, 34th Floor, New York, New York 10018, or to any other JAMS location (which can be found at www.jamsadr.com or by calling JAMS at 800-***-****), by U.S. mail or reputable overnight delivery service. A copy of the request must also be sent to Legal Department, 968 James Street, Syracuse, New York 13217- 6969 by U.S. mail, reputable overnight delivery service, or email at ado41l@r.postjobfree.com or ado41l@r.postjobfree.com. The only cost to you for filing is the JAMS filing fee, and Nashville will reimburse you 50% of any JAMS filing fee once you provide proof of payment to Nashville by any method identified in the previous sentence. JAMS will select a location for the arbitration, according to its Procedural Standards, that will be convenient for you. An arbitrator will be selected and govern the process, ultimately issuing a final and binding arbitration award. As a part of the MAP, you agree to file one arbitration that includes all of your Claims and joins all known Claims. Further, you also agree that any action you bring shall be individually on your own behalf and that you expressly waive the right to bring a Claim on a class or collective basis. The arbitrator shall not have the authority to form a class or proceed on a collective basis. You also understand and agree that the parties reserve the right to go to court if they are faced with the risk of irreparable harm, such as the disclosure of confidential information. Under the MAP, Nashville and you agree to arbitrate any and all Claims that either party may have against the other party arising out of or relating to your employment with Nashville, directly or indirectly, including but not limited to Claims relating or referring in any manner, directly or indirectly, to: 2 of 3

Title VII of the Civil Rights Act of 1964 and similar state statutes;

Federal Age Discrimination Employment Act and similar state statutes;

Whistleblower provisions of state or federal law or state or federal regulations;

Personal or emotional injury to you resulting from your employment, including claims that you bring personally but are based on injuries to other family members;

Federal Fair Labor Standards Act or similar state statutes;

Family and Medical Leave Act or similar state statutes;

Americans with Disabilities Act or similar state statutes;

Physical, mental and emotional injuries you believe are attributable to Nashville under theories of product liability, tort law, defamation, invasion of privacy, strict liability, intentional wrongdoing, gross negligence, negligence, or respondeat superior;

Actions or omissions of third parties you attribute to Nashville;

Employee Retirement Income Security Act or similar state statutes;

Tort claims brought pursuant to actual or alleged exceptions to the exclusive remedy provisions of state workers compensation laws;

Federal and state antitrust law;

Issues regarding benefits, insurance, bonuses or wages;

Contracts between you and Nashville;

Pensions;

Federal, state, local, or municipal regulations, ordinances, or orders;

Any common law or statutory law issues relating to discrimination by sex, race, national origin, sexual orientation, family or marital status, disability, weight, dress, or religion;

Wrongful retaliation of any type, including retaliation related to workers compensation laws or an employee injury benefit plan;

Scheduling;

Issues relating to collection of personal or biometric information;

Privacy claims relating to actual or alleged release of personal or financial information (data breaches); and

Claims that relate to your employment but that you contend are outside the scope of your employment, beyond your job responsibilities, or occurred away from your usual workplace. 3 of 3

The MAP does not apply to any claims not subject to arbitration as a matter of law, such as claims under the Sarbanes-Oxley Act of 2002, for unemployment insurance benefits, for workers’ compensation or an employee injury benefit plan.

The MAP extends to Claims you have with Carrols Restaurant Group, Inc., Carrols Corporation, Carrols LLC and any present or future direct or indirect parent company, subsidiary or other affiliate (collectively, “Affiliate”) of such companies, as well as any Claims you have against Nashville’s and its Affiliates’ officers, directors, managers, employees, members, stockholders, owners, attorneys and agents. Nothing in this Agreement precludes you from participating in proceedings to adjudicate unfair labor practice charges before the National Labor Relations Board, from filing a claim with the Equal Employment Opportunity Commission or any state and local human rights agencies, or from participating in any federal, state or local government agency investigation or administrative charge. EMPLOYEE ACKNOWLEDGEMENT

By signing below, you acknowledge that you are agreeing to have Claims, as described above, decided in final and binding private arbitration and not in court, and that you are expressly waiving your right to a jury trial. You acknowledge that you have read and understand this Agreement; that you have had an opportunity to ask questions regarding this Agreement; and that any questions have been satisfactorily answered. You understand that this Agreement does not enlarge or expand your exclusive remedies under either workers compensation law or an employee injury benefit plan and that such claims are not covered by this clause. You also agree you have been told that JAMS’ rules for arbitration, JAMS’ minimum standards for fairness in employment arbitration, and other information about JAMS are available at www.jamsadr.com, by calling JAMS at 800-***-****, or upon request from a manager at the location where you work.

ACKNOWLEDGED AND AGREED TO:

Employee Signature: Date: Digitally Signed By: Eddie Griffis

Date: Oct-17-2021 10:15:27 AM EDT

Employee Signature

10/17/2021

Date



Contact this candidate