To resolve employment disputes in an efficient and cost-effective manner, you and General Produce agree that any and all claims arising out of or related to your employment that could be filed in a court of law, including but not limited to, claims of unlawful harassment or discrimination, wrongful demotion, defamation, wrongful discharge, breach of contract, invasion of privacy, or class action shall be submitted to final and binding arbitration, and not to any other forum.
The arbitration process shall be initiated by delivering a written request for arbitration to the other party within the time limits that would apply to the filing of a civil complaint in court. A late request will be void. No claim should be submitted to arbitration without first attempting to resolve the matter informally and exhausting General Produce’s internal procedures.
The Arbitrator shall have the exclusive authority to resolve any dispute arising out of or relating to the validity, formation, applicability, interpretation and/or enforceability of this Agreement or any part of this Agreement.
If we are unable to agree upon a neutral arbitrator, we will obtain a list of arbitrators from a neutral dispute resolution service, and strike names alternatively until one arbitrator remains. The arbitrator shall conduct the arbitration in accordance with the procedures set forth in the most recent version of the National Rules for the Resolution of Employment Disputes of the American Arbitration Association, except to the extent that any such rule or procedure would invalidate the enforceability of this Agreement, and to the extent that administration of the arbitration by American Arbitration Association is required. Regardless of the outcome, General Produce shall pay all the costs that are unique to the arbitration forum, namely the arbitrator’s fee. A copy of the National Rules for the resolution of Employment Disputes of the American Arbitration Association can be found at https://www.adr.org/aaa/face/rules.
The arbitrator shall determine the prevailing party in the arbitration. Costs and attorneys’ fees shall be awarded to the prevailing party in accordance with the same legal standards that would apply had the action been filed in court. The arbitrator shall have the authority to order any legal or equitable remedy that would be available in a civil or administrative action on the claim. The arbitrator shall prepare a brief written decision that includes the essential findings and conclusions upon which the award is based.
This arbitration shall be the exclusive means of resolving any claim arising out of your employment, and no action will be filed in any court or other forum. However, nothing in this agreement will affect National Labor Relations Board, Workers’ Compensation Appeals Board, Unemployment Insurance Appeals Board, Department of Fair Employment and Housing or Equal Employment Opportunity Commission proceedings, petitions for judicial review of a decision issued after an administrative hearing or the ability of either party to seek injunctive relief in an appropriate court of law.
If any court of competent jurisdiction declares that any part of this arbitration agreement is illegal, invalid or unenforceable, such a declaration will not affect the legality, validity or enforceability of the remaining parts of the agreement, and the illegal, invalid or unenforceable part will no longer be part of this agreement. The parties understand and agree that this arbitration provision shall be governed by and interpreted under the Federal Arbitration Act.
This agreement sets forth the entire agreement between the parties and supersedes any and all prior or contemporaneous agreements and understandings, whether written, oral or implied, pertaining to the subject matter of this agreement.
THIS ARBITRATION AGREEMENT IS A WAIVER OF ALL YOUR RIGHTS TO A CIVIL JURY TRIAL OR PARTICIPATION IN A CIVIL CLASS ACTION LAWSUIT FOR CLAIMS ARISING OUT OF YOUR EMPLOYMENT. ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW, CLAIMS MADE PURSUANT TO THE PRIVATE ATTORNEYS GENERAL ACT (PAGA) ARE EXCLUDED FROM THIS AGREEMENT.