Arbitration Clause Example from Business Contracts

Arbitration. You and the Company shall submit to mandatory and exclusive binding arbitration any and all controversies or claims arising out of, or relating to, your employment with the Company and the termination thereof, including but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment) based upon any federal, state or local ordinance, statute, regulation or constitutional provis...ion. The sole exception are claims under applicable workers' compensation law, unemployment insurance claims, actions seeking provisional remedies pursuant to California Code of Civil Procedure Section 1281.8 and other claims expressly prohibited by law from being subject to binding arbitration for which ether party may seek direct court intervention. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO SUCH CLAIMS. You and the Company agree that the arbitrator shall have the sole authority to determine the arbitrability of all claims. This Agreement does not restrict your right to file administrative claims you may bring before any government agency where, as a matter of law, the parties may not restrict the employee's ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission, and the Department of Labor). However the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. Such arbitration shall be governed by the Federal Arbitration Act and conducted through the American Arbitration Association in the State of California, San Francisco County, before a single neutral arbitrator, in accordance with the employment arbitration rules in effect at that time. The AAA Employment Arbitration Rules and Mediation may be found and reviewed at http://www.adr.org and click on "Rules and Procedures." If you are unable to access these rules, please let me know and I will provide you a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. The arbitration shall provide for adequate discovery and allow for all types of relief otherwise available in court. The Company shall pay all the arbitration fees, except an amount equal to the filing fees you would have paid had you filed a complaint in a court of law. Judgment upon the determination or award rendered by the arbitrator may be entered in any court having jurisdiction thereof. -2- 9. At-Will Employment. Your employment with the Company will continue to be "at will." It is for no specified term, and may be terminated by you or the Company at any time, with or without cause or advance notice. Although the Company may change the terms and conditions of your employment from time-to-time, (including, but not limited to, changes in your position, compensation, and/or benefits), nothing will change the at-will employment relationship between you and the Company. In addition, the compensation terms described herein will not affect your at-will employment status. View More