Sample Arbitration Agreement Form printable pdf download

SAMPLE ARBITRATION AGREEMENT

As a condition of employment with [COMPANY NAME] (referred to as COMPANY) and in consideration of my

further employment with COMPANY and my receipt of compensation now and hereafter paid to me by COMPANY, I,

the COMPANY Employee/Applicant who manually or electronically signs this [SAMPLE ARBITRATION

AGREEMENT] (“Agreement”) below (referred to as “I” or “me”)*, agree to the following:

Recitals

1.1

While I am employed by COMPANY or thereafter, or during any pre-hire processes, disputes may arise

between COMPANY and me related to my employment or application for employment. By entering into this Agreement,

both COMPANY and I anticipate that we will benefit by resolving these disputes by a fair and impartial procedure that is

in most cases faster and less expensive than civil litigation.

1.2

References to "COMPANY" in this Agreement include [COMPANY NAME]and all direct or indirect

subsidiaries, affiliates, and parent companies of [COMPANY NAME], together with all benefit plans of any of the

foregoing companies and the sponsors, fiduciaries and administrators of such benefit plans.

Claims Covered By This Agreement

2.1

Except as described in 2.2 below, this Agreement applies to all disputes between COMPANY and me, all

claims COMPANY may have against me, and all claims I may have against COMPANY or any of its officers, directors,

employees or agents, arising out of my employment with COMPANY or the termination thereof, whether asserted during

my employment with COMPANY or after it has ended, or during any pre-employment processes in which I may

participate (referred to as Claims). Claims covered by this Agreement include, but are not limited to, the following: claims

for breach of express or implied contract or covenant; breach of fiduciary duty; misappropriation of trade secrets; claims

for the commission of any intentional or negligent tort; claims for violation of any federal, state or local law, ordinance,

regulation or rule; claims for wages, benefits or other compensation due; claims for wrongful termination, demotion or

disciplinary action; and claims of discrimination or harassment for any reason.

This Agreement does not apply to the following claims: claims for worker’s compensation or

2.2

unemployment compensation benefits; claims or charges before any administrative agency having jurisdiction there over,

if private dispute resolution procedures cannot lawfully be compelled as to such claims such as a petition or charge that

could be brought before the National Labor Relations Board; claims for benefits under a plan that specifies a claim

procedure inconsistent with this Agreement; or any other claim that is not subject to arbitration under federal law.

Resolution of Claims: Exclusive Method All Claims must be resolved according to the procedures in this

Agreement, and in no other manner. Neither COMPANY nor I will file or prosecute any lawsuit except as expressly

permitted by this Agreement. Either COMPANY or I may bring an action in any court of competent jurisdiction to

compel arbitration under this Agreement. The parties agree that, except where prohibited by federal law, all claims subject

to this Agreement must be pursued on an individual basis only. By entering this Agreement, the parties waive their right

to commence, or be a party to, any class, collective or representative action or to bring jointly or collectively any claim,

and the arbitrator has no authority to proceed with arbitration on such a basis. Any disputes concerning the validity of this

multi-plaintiff, class, collective and representative action waiver will be decided by a court of competent jurisdiction, not

by the arbitrator.

In the event a court determines this waiver is unenforceable with respect to any claim, then this waiver

shall not apply to that claim, that claim must be filed in a court of competent jurisdiction, and such court shall be the

exclusive forum for that claim. In addition, nothing herein limits my right and the rights of others collectively to challenge

the enforceability of this Agreement, including the class/collective action waiver.

Internal Grievance Procedure I understand that before commencing arbitration under this Agreement, I may

attempt to resolve a Claim through COMPANY’s internal procedure for resolving employee grievances in effect at that

time.

Arbitration If any Claims cannot be resolved through the internal grievance procedure, if applicable, or another

COMMENT:

The class action waiver clause may no longer be enforceable in certain Seventh and Ninth Circuit jurisdictions.

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Sample Arbitration Agreement Form

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