Letter Employment Agreement-Exempt Employee Template (Page 4 of 5) in pdf

If the other party does not agree to furnish the relief requested or

proposed, or otherwise does not satisfy the demand of the party claiming

to be aggrieved, the parties shall submit the dispute to non-binding

mediation before a mediator to be jointly selected by the parties. The Firm

will pay the cost of the mediation.

If the mediation does not produce a resolution of the dispute, the parties

agree that the dispute shall be resolved by final and binding arbitration.

The arbitrator shall have the authority to grant any relief authorized by law.

[Provided, however, that nothing herein shall limit the right of the Firm to

obtain injunctive relief for violation of the Firm's trade secret and

confidentiality agreement.] The arbitrator shall not have the authority to

modify, change or refuse to enforce the terms of the employment

agreement.

In addition, the arbitrator shall not have the authority to

require the Firm to change any lawful policy or benefit plan. The arbitrator

shall not make any award that could not be made by a court of law under

the same circumstances.

The hearing shall be transcribed. The Firm shall bear the costs of the

arbitration if the employee prevails. If the Firm prevails, the employee will

pay half the cost of the arbitration, or [amount], whichever is less.

Arbitration shall be the exclusive final remedy for any dispute between the

parties. At the conclusion of the arbitration, the arbitrator shall submit to

the parties written findings of fact and conclusions of law which form the

basis of the arbitrator's findings and/or award.

The parties agree that no dispute shall be submitted to arbitration where

the party claiming to be aggrieved has not complied with the preliminary

steps provided for in paragraphs (A) and (B) above. The Firm reserves

the right to cancel this provision on 30 days' notice, provided that disputes

already begun under this section shall not be affected. The Firm reserves

the right to cancel this provision upon 30 days' written notice.

Governing Law: This agreement shall be construed under the laws of the State of

[name of state] and the prevailing party to any litigation to enforce the terms of this

agreement shall be entitled to attorneys' fees and costs.

Integrated Agreement:

Please note that this agreement supersedes any prior

agreements, arrangements or understanding concerning your employment, and that it

constitutes the full, complete and exclusive agreement between you and the Firm [as to

all matters covered herein]. This at-will agreement may not be modified except by

written agreement signed by you and [name] of the Firm.

Letter Employment Agreement-Exempt Employee Template Page 4