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Workers Compensation Representative

Location:
Beaumont, TX, 77701
Salary:
15.00
Posted:
March 20, 2023

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Resume:

AT-WILL EMPLOYMENT & DISPUTE RESOLUTION AGREEMENT

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WHICH SET FORTH THE LEGAL RELATIONSHIP BETWEEN YOU AND THE COMPANY. IF YOU AGREE WITH THESE TERMS, INDICATE YOUR AGREEMENT BY PLACING YOUR SIGNATURE BELOW.

I understand that my employer is PeopleReady, Inc. or the related legal entity indicated on my paycheck or pay stub. I further understand that this is an employment Application and At-Will Employment and Dispute Resolution Agreement ( Agreement ) with People Ready, Inc. and its parent company, subsidiaries, and related companies and all of their respective employees, agents, officers, directors, shareholders, successors, and assigns (collectively the Company ). If any provision of this Paragraph or of the Terms and Conditions as set forth in sections 1 and 2 below is determined to be unenforceable, such determination will not affect the validity of any other provision, and the provision shall be deemed severed. 1. AT-WILL EMPLOYMENT. I understand that nothing contained in the employment Application or any information provided to me, or conveyed during any interview, which may be granted, or any information provided to me, or conveyed during my employment, if hired, is intended to create an employment contract between the Company and me. In addition, I understand and acknowledge that, unless otherwise defined by applicable law, if I am employed, my employment is at will, which means my employment is for no definite or determinable period and I may be transferred, reassigned, suspended, demoted or terminated at any time, with or without prior notice or cause, at the option of either myself or the legal entity that is my employer, and that no promises or representations contrary to the foregoing are binding on the Company unless made in writing and signed by me and the president of the legal entity that is my employer. I understand that I will not be entitled to receive any fringe benefits of any type from the Company or Company s customers, including, but not limited to, such things as pension plans, 401(k) plans, and profit sharing plans, unless expressly provided for by the Company. I understand the significance of my exclusion from these programs and irrevocably agree to my exclusion. 2. DISPUTE RESOLUTION.

AGREEMENT TO ARBITRATE. The Company and I agree that the Company operates in interstate commerce and any claim between me and the Company, or any of its customers, agents, parents, affiliates, or assigns shall be submitted to and resolved by binding individual arbitration under the Federal Arbitration Act ( FAA ), including but not limited to legal claims arising out of or relating to my employment, application for employment, and/or termination of employment, this Agreement, or the breach of this Agreement,. The Company and I agree that all legal claims shall be submitted to arbitration including, but not limited to: claims based on any alleged violation of any constitution, federal, state, or local law; any claims of discrimination, harassment, retaliation, wrongful termination, consumer protection, or violation of civil rights; claims for wages or compensation owing; or, any claim based in tort, contract, or equity. In no way does this agreement limit my ability to bring claims before the NLRB, EEOC, or any local, state or federal governmental or administrative agency, or to utilize the procedures of those agencies. SCOPE OF ARBITRATION. The Company and I agree that arbitration in no way limits the relief that any party may seek regardless of the jurisdiction in which arbitration has been filed. THE COMPANY AND I AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN MY OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Further, unless both the Company and I agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of the Dispute Resolution provision in this Agreement shall be null and void. Notwithstanding the Dispute Resolution provision, either party may bring an individual action in small claims court.

I understand that I am also provided the opportunity to opt out of this arbitration agreement. I understand that if I choose to opt out of this agreement I must do so, in writing, by mailing a copy of my written request to opt out of this Agreement, post marked within 30 days of the execution of this Agreement, to 1015 A Street, Tacoma, Washington 98402 Attention Legal Department. ARBITRATION PROCEDURE. Any arbitration between the Company and I will be administered by the American Arbitration Association ( AAA ) under its Employment Arbitration rules then in effect, which can be accessed via http://www.adr.org. Unless the Company and I agree otherwise, any arbitration hearings will take place in the county (or parish) where I last worked for the Company. Consistent with applicable law, the arbitrator shall have the authority to award any remedy or relief after a violation is found that the applicable United States District Court could award. The decision of the arbitrator is final and binding, subject to review only under circumstances described in the FAA or, if appropriate, your state law. The Company will pay all AAA administration, and arbitrator fees for any arbitration as well as any filing fees where required by law. If, however, the arbitrator finds that either the substance of my claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award all fees and costs as per Rule 11 to the Company with the award of such filing fees up the amount required in the respective state or federal court in which my claim could otherwise have been brought in the absence of this Agreement. CLAIMS UNDER $10,000. If my demand for arbitration is for $10,000 or less, the Company will promptly reimburse me for my payment of any filing fee for arbitration, and we agree that I may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Employment Arbitration Rules. Also, if after a finding in my favor on the merits of my claim, the arbitrator issues me an award that is greater than the value of the Company s last written settlement offer to me, then the Company will: (1) pay me the amount of the award or $10,000, whichever is greater; and (2) pay my attorney, and reimburse any expenses (including expert witness fees and costs) that my attorney reasonably accrues for investigating, preparing, and pursuing my claim in arbitration.

3. STATUTE OF LIMITATIONS. Where permitted by state law, the Company and I agree that any claim arising out of or relating to this Agreement, or the breach of this Agreement, or my application, employment, or termination of employment, shall be submitted to arbitration, or filed with a court of competent jurisdiction where arbitration is not permitted by law, within one-year (365 days) of the date of the incident or occurrence giving rise to the claim including, but not limited to, claims based on: any alleged violation of any constitution, federal, state, or local law; claims of discrimination, harassment, retaliation, wrongful termination or violation of civil rights; claims for wages or compensation due; or, any claim based in tort, contract, or equity. This time limitation in no way eliminates the effect of the continuing acts doctrine or any tolling or other equitable doctrines that would otherwise apply, nor does it modify in any way the time in which an employee may bring a claim before any state or federal administrative agency, including the EEOC and NLRB. In the event this provision is found unenforceable the parties agree it is a standalone provision and may be severed from the remainder of this Agreement. COMPLETE AGREEMENT. This Agreement is the full and complete agreement relating to the formal resolution of claims. Your signature below creates a binding contract between you and the Company. SEVERABILITY. Except as stated above, in the event any portion of this agreement is deemed invalid, void or unenforceable for any reason, the remainder of this agreement will remain valid and enforceable. SURVIVAL. This agreement survives beyond the termination of the employment relationship between me the parties. The Company and I remain bound by the terms of the agreement beyond the termination of my application for employment or employment relationship. MODIFICATION. The terms of this Agreement cannot be orally modified and only can be modified, in writing, signed by a member of the senior management team of the Company and me.

Applicant Signature Date

Print Name

EMPLOYMENT TERMS AND ACKNOWLEDGMENTS

These Employment Terms & Acknowledgements shall apply to my initial application for employment with the Company, my new hire paperwork, my first job assignment, and all subsequent job assignments and the termination of my employment. If any such provision of these Employment Terms & Acknowledgements is determined to be unenforceable, such determination will not affect the validity of any other provision, and the provision in question shall be reformed to reflect the original intent of the provision to the greatest extent permissible. 1. I understand and agree that my employer is PeopleReady, Inc. or the related legal entity indicated on my paycheck or pay stub (the

Company ).

2. I understand and agree that I am prohibited from releasing to any other person or entity any information whatsoever about the Company or its customers which is confidential or a trade secret, and am prohibited from using such information for the benefit of myself, or any person or entity. I agree that any information which has not been disclosed publicly in writing shall be considered confidential and proprietary. 3. I understand and consent to the Company maintaining certain records related to my application and, if I am hired, my employment, including but not limited to my application, new hire packet and any background check and drug test results. I authorize the Company to release any employment-related information or documents to third parties such as government agencies, insurance providers and/or my employer s customers to the extent permitted by state and/or federal law. 4. The Company has an Injury and Illness Prevention Program along with safety rules and policies. I understand these are available PeopleReady.com I agree to promptly report to the Company work-related injuries, unsafe working conditions and work that the customer directs me to perform when it does not match the work description assigned at dispatch. 5. The Company is an Equal Employment Opportunity ( EEO ) Employer. I understand the Company has EEO policies that include, but are not limited to, Anti-Retaliation, Equal Employment Opportunity and Sexual and other Unlawful Harassment and Discrimination Policies. These Policies are available to me by accessing them on PeopleReady.com. 6. I understand the Company s policies regarding hours worked and the payment of wages are available on PeopleReady.com. I agree to comply with all policies, including, but not limited to, record all hours worked, take and record state and locally regulated meal and rest periods and notify the Company of any issues regarding my pay. 7. If, due to a disability, I am unable to complete the application process, the hiring process or, after I am hired, to perform any work requested of me, I agree to notify the Company so that we may discuss options for a reasonable accommodation. 8. I understand and agree that I am a Variable Hour Employee under §4980H of the Affordable Care Act (ACA) when and if I am employed by the Company. As such, I expect that: (a) job assignments will likely be on a short-term basis with multiple clients, (2) I may experience significant gaps in between assignments; (3) assignments may be of an uncertain duration; and (4) hours may vary in any given week. The Company understands that I may not be available for all assignments requested. I understand that I have the right to be employed with other staffing companies while also receiving assignments from the Company. While the Company will strive to employ me as much as possible, I understand that the Company cannot determine whether or not: (a) I will be offered 30 or more hours of work each week during my 12 month initial measurement period; or (b) if my employment will be of limited duration. If I do work for more than 30 hours/week during my initial measurement period the Company will offer me health benefits as required by the ACA. 9. I understand and agree that as a staffing company I am not required to work or register my availability to work for the Company on any particular day. If I want to work, I may register my availability to work by text, phone or by visiting an office. If I choose to visit an office, I understand that I am free to leave the office at any time. Failure to register my availability for work may affect my eligibility for unemployment compensation. I understand that: I am not employed just because I register availability to work, I am not employed until I actually begin working a job assignment, and if I am on a daily job assignment my employment with the Company is terminated at the end of each day. I understand that I am free to decline any job assignment the Company offers me. I understand that if I receive a job assignment while I am in the office, I am free to leave the office and do as I wish until the job assignment starts. I understand that I will not be paid for time spent at a office while waiting for a job assignment, applying for a job with a customer, testing for my qualifications for a particular job, or for time commuting to the customer s job site.

10. I understand and agree that I am free to choose any means I desire for commuting to the customer s jobsite. In an effort to ensure that I am able to reach my prospective job sites, the Company may agree to loan/advance me the funds I need to get to the customer s jobsite. I agree to repay the loan/advance and authorize the Company to deduct the amount loaned/advanced from the wages I earn as repayment, where allowed by law. The Company and I make this agreement for my sole benefit. I acknowledge that I am giving this consent freely and voluntarily and that I can revoke this consent at any time.

11. In order to enable the Company and its affiliates, agents, service providers, business partners, successors, and/or assigns to be notified when I arrive and/or leave a job site and so that Company may contact me by telephone to alert me to employment opportunities close to my physical location, I expressly consent that the Company and its agents may track my location through my wireless device. I understand that I may unsubscribe from this service at any time by informing the Company in writing that I wish to opt out of location tracking, or by texting

LOCOFF in response to any text message that I receive from Company. I understand that texting STOP in response to any text message received from Company will remove me from the Company text messaging contact list, but will not unsubscribe me from the location tracking service.

12. I consent to the delivery of Electronic Communications via text message, the Company s website, or the internet to an e-mail address or phone number I designate to receive such Electronic Communications. I confirm that I meet the Hardware and Software Requirements listed below and can access and retain Electronic Communications from the Company. I agree that this consent applies to all Electronic Communications that the Company provides me in connection with my application and/or employment. Such communications may include, but are not limited to, job announcements, agreements, documents, notices and disclosures. 13. Hardware and Software Requirements. To receive Electronic Communications, you must ensure that you are able to receive information electronically and retain it. You must have access to a computer system or smartphone with an Internet connection, a valid email address, an Internet Web browser capable of 128-bit encryption and Adobe Acrobat Reader in order to receive disclosures electronically. Further, you must have access to a printer capable of printing any disclosure or statement that are made available on our website and/or emailed to you, and/or have the ability to electronically save and visually display such documents on computer screens. 14. Text & Telephone Communication. In order to receive alerts regarding potential job opportunities ( Job Alerts ) and other messages related to my actual or prospective employment (such as general announcements and safety tips) and for other purposes, I agree that the Company and its affiliates, agents, service providers, business partners, successors, and/or assigns may contact me by telephone, text message, or email at any telephone number or address that I have provided to the Company or will provide to the Company, including telephone numbers that are or may be assigned to wireless devices. I understand and agree that the Company may place such telephone calls by voice call and/or text messaging (including SMS and/or MMS text messages). I further agree that the Company may place such telephone calls through the use of pre-recorded/artificial voice messages and/or the use of an automatic telephone dialing device. I understand that the Company may contact me by telephone, including by text messaging, any day of the week and at any time, and understand that I may incur charges related to such contact in accordance with my wireless telephone plan or otherwise. I understand I am never required to respond to text or phone messages and if I choose to reply, I am not paid for the time spent responding. When permitted by state law, I hereby agree to waive any and all claims I have against the Company for reimbursement of any fees charged by my carrier for such telephone calls, including text messages, or for related expenses I might incur. In California, I understand the Company will reimburse me for expenses related to business electronic communications such as cellular phone use. I agree to inform a Company branch in writing should I wish to be removed from the telephone contact list. Should I specifically wish to stop receiving text messages, I understand that I may text STOP in reply to any text message received from the Company, but that if I do so, the Company may still contact me by other means, including through voice calls. I waive any right to a legal action under the Telephone Consumer Protection Act, or any similar state or federal law, in connection with any telephone contact from the Company. I agree that my use of any text messaging services will be governed by the terms of service and privacy policy indicated by the text messages I receive.

15. I understand that in connection with the application process, the Company may request information from my past employers, educational institutions, personal references, and any public or private agencies that have issued me either a professional or vocational certification or license. I further authorize the references I have listed to disclose to the Company any and all letters, reports, and other information related to my work records, without giving me prior notice of such disclosure. I also understand that such investigation may include a review of my driving record and any criminal records. I request, authorize, and consent to the release of any and all such information to Company consistent with all state and federal laws and hereby release and hold harmless every person or entity that communicates such information to Company in good faith and without malice from any and all claims or liability of any type whatsoever. 16. I understand that my employer provides temporary associates for its customers to work at the customers job site. While working at the customer s job site, I agree and consent that the customer is my special employer ( Special Employer ) and that the customer directs, controls and supervises my work. Workers Compensation shall be my sole remedy for on the job injuries. If I am ever injured in the course of my work I agree that I will elect, and solely rely upon the Company s Workers Compensation coverage for any recovery for such injuries, and waive any recovery whether civil or through workers compensation, from any Special Employer. If I am ever injured in the course of my work for my Special Employer, a transitional duty job may be made available for me. I understand that if I do not report for transitional duty work immediately, I may jeopardize my entitlement to Workers Compensation wage replacement benefits. 17. After I have been paid by the Company for work that I have performed, I hereby assign, transfer and convey any and all lien rights I may have to the Company for the work I have performed. 18. The Company is committed to maintaining a drug and alcohol free work place. Accordingly, I may be subject to pre-employment, post injury, and post-accident drug testing. I understand that if I am employed, I may be subject to drug and/or alcohol testing if the Company has reasonable suspicion to believe that I have used or am under the influence of alcohol, illegal drugs, or a controlled substance. If I am found to have used, or am under the influence of alcohol, illegal drugs, or a controlled substance, I understand that I may be subject to termination, where permitted by state law. My consent to submit to such a test is required as a condition of employment and my refusal to consent may result in a refusal to hire or, if already employed, termination. I further understand and agree to adhere to the Company s Anti-Substance Abuse Policy located in the Employee Handbook, and available to me on PeopleReady.com. 19. I understand I am not hired for an assignment until I have fully completed the entire application process, been offered and accepted work on a particular job; the Company has confirmed that I have met all the requirements of the particular job; and have arrived at the job location ready to work.

20. I hereby certify that I have not knowingly withheld any information that might adversely affect my chances for employment and that the answers given by me are true and correct to the best of my knowledge. I further certify that I, the undersigned applicant, have personally completed this application. I understand that any omission or misstatement of material fact on this application or on any document used to secure employment shall be grounds for rejection of this application or for immediate discharge if I am employed, regardless of the time elapsed before discovery.

21. I understand that the Company utilizes an Employee Handbook. I understand and will comply with the rules and policies set forth in the Handbook, as well as other Company policies and procedures. I understand that neither the Employee Handbook, these Employment Terms and Acknowledgments nor any other communication by a management representative are intended to in any way create a contract of employment, either expressed or implied. Rather, I understand that Company and I each have the right to end our employment relationship at any time, for any reason not prohibited by law, with or without notice or cause. By signing, I agree that I have read, understood and agreed to the terms set forth in paragraphs 1 to 21 above, which incorporate the documents referenced in these paragraphs. I understand that I may contact the Company with any questions and/or concerns I have regarding these terms and conditions.

Signature: Date: Print Name:



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