Arbitration Agreement for Employment Disputes
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ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
PROSPECTIVE EMPLOYEES AND GUEST SERVICES, INC.
This Alternative Dispute Resolution Agreement (this “Agreement”) is between the Applicant whose name appears on the signature page (“I”, “My”, “You”, “Your”) and Guest Services, Inc., its subsidiaries and affiliated entities, its employees, agents, representatives, successors, and assigns (“Guest Services”). In the interest of fairly and quickly resolving employment related disagreements, it is the policy of Guest Services that arbitration by a neutral third-party is the favored means for the resolution of employment related claims not resolved by Guest Services’ internal procedures. This Agreement does not apply to claims by employees who are assigned to a Guest Services location under a federal government contract when such claims relate to:
(a) Title VII of the Civil Rights Act of 1964; or
(b) torts related to or arising out of sexual assault or harassment including assault and battery; intentional infliction of emotional distress; false imprisonment; or negligent hiring, supervision, or retention.
1. Waiver of Trial by Both Parties
In consideration of My employment with Guest Services, I consent to arbitration of any Employment Related Claim, as defined below, and waive all rights I may otherwise have to a trial by jury, or a trial in any judicial forum, of such Employment Related Claim against Guest Services. I further agree that I will make no demand, request, or motion for trial by jury or a trial in any judicial forum, of any Employment Related Claim and that if, contrary to this Agreement, I make any such demand, request or motion, Guest Services will be entitled to dismissal or injunctive relief and, if Guest Services prevails, the recovery of all costs, losses, and attorneys' fees related to such demand, request, or motion. Similarly, Guest Services agrees that it consents to arbitrate any Employment Related Claim it may have against You, and You will be entitled to the relief set forth in this paragraph (dismissal or injunctive relief, and recovery of all costs and fees), if Guest Services were to seek a trial regarding a claim against You. I have read and understand the paragraph above. . Initial
2. Covered and Excluded Claims
An Employment Related Claim is defined as any claim for personal remedies related to My employment with, or termination of employment from, Guest Services - individually, and as a class member - that concerns a right, privilege or interest that is recognized by:
(a) federal, state or local laws, regulations or statutes, including, but not by way of limitation, Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1866; the Civil Rights Act of 1991; the Equal Pay Act; the Age Discrimination in Employment Act; the Americans with Disabilities Act; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act; the District of Columbia Minimum Wage Act; the federal Family and Medical Leave Act; the District of Columbia Family and Medical Leave Act; the District of Columbia Human Rights Act; the Fairfax County Human Rights Act; and any other federal, state or local law, regulation, or statue, regarding employment discrimination; conditions of employment; or termination of employment; or Page 2 of 3 (10/23)
(b) any federal, state or local common law doctrine, including, but not by way of limitation, claims of unlawful discharge; breach of contract; breach of a covenant of good faith; breach of public policy; breach of company policy; breach of a company benefit plan that does not provide its own arbitration procedure; intentional or negligent infliction of emotional distress; negligent supervision; interference with contractual relations; defamation; or assault and battery. An Employment Related Claim does not include a claim for workers' compensation benefits, an EEOC charge, or a claim under a benefit plan that provides for its own arbitration procedure, or any claim which by law is not subject to arbitration. This Agreement does not cover any claim that is subject to final and binding resolution under an arbitration procedure provided in a collective bargaining agreement between Guest Services and a union representing Guest Services employees. 3. At-Will Employment
Non-bargaining unit employees are employed on an at-will basis (i.e., either the employee or Guest Services may terminate the employment relationship at any time, for any reason). Nothing in this Agreement alters the at-will employment status.
4. Requesting Arbitration
Any request for arbitration under this Agreement must be made by the employee submitting a written Notice to Guest Services' Director of Human Resources. The Notice shall identify and describe the nature of the claim asserted and the factual basis for such claim. The Notice must be submitted to Guest Services' Director of Human Resources within one year of the date that the act complained of occurred. Acts which occurred more than one (1) year before submission of such Notice shall be deemed forever waived, regardless of any longer limitations period that may be provided by any federal, state, or local statute. If Guest Services requests arbitration against You, that claim will be made by Guest Services submitting a written notice to You at Your last known address. Such notice is subject to the same requirements as set forth in the immediately preceding paragraph and will be subject to the same rules as set forth in Paragraphs 5-7, inclusive.
5. Arbitration Rules and Governing law
Except as otherwise provided for in this Agreement, the arbitration will be conducted in accordance with the Employment Arbitration Rules of the American Arbitration Association ("AAA") in effect at the time the initial Notice is submitted by either party. You may read the Employment Arbitration Rules at http://www.adr.org/rules. This Agreement shall be governed by the Federal Arbitration Act (FAA). If the FAA does not apply, this Agreement shall be governed by Maryland law, including the Maryland Uniform Arbitration Act, without regard to its conflict of laws principles. 6. Costs
The costs and expenses of the arbitrator shall be borne entirely by Guest Services. Other costs, expenses and attorneys’ fees shall be as provided in the AAA National Rules, and where not so provided, be the responsibility of the individual parties, except as otherwise provided by law or ordered as relief in arbitration.
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7. Enforcing Arbitration Award
An action to enforce or vacate the arbitrator's award shall be governed by the Federal Arbitration Act and each party will be responsible for their own attorney's fees and court costs. 8. Severability
If any provision of this Agreement is adjudged to be void or otherwise unenforceable in whole or in part, such adjudication shall not affect the validity of the remainder of this Agreement. If the entire agreement shall be voided as to one party, this Agreement shall be void as to both parties. THE RIGHT TO A TRIAL OR TRIAL BY JURY IS OF VALUE. YOU MAY WISH TO CONSULT AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT. YOU MAY TAKE THE TIME YOU NEED TO REVIEW AND CONSIDER THIS AGREEMENT; HOWEVER, THIS AGREEMENT MUST BE SIGNED AND RETURNED BY YOU TO GUEST SERVICES BEFORE YOUR FIRST DAY OF WORK.
This Agreement is agreed to by:
Guest Services, Inc.
Print Name of Applicant
By:
Signature Applicant’s Signature
Nico J. Foris
Printed Name Date
CEO
Title Unit Number
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