P
paddypal
Guest
I have been with my company in CA for over a year. We just got Handbook with attached acknowledgement to sign. Is the At Will clause lawful? I've never seen the "demote/discipline" sentence before. What rights do I have if I don't sign? According to new handbook not signing is "insubordination".
ACKNOWLEDGMENT OF RECEIPT
Employee Name: _____________________
I acknowledge that I have received a copy of the Company's Employee Handbook. I understand that I am responsible for knowing and adhering to the policies set forth in the Handbook during my employment with the Company. I understand that the policies contained in the Handbook are not intended to create any contractual rights or obligations, with the exception of the Company's at-will employment and binding arbitration policies. I further understand that the Company reserves the right to amend, interpret, modify, or withdraw any portion of this Handbook at any time. I understand and agree that if the terms of this Acknowledgment are inconsistent with any policy or practice of the Company now or in the future, the terms of this Acknowledgment shall control.
I further understand and agree that my relationship with the Company is "at will," which means that my employment is for no definite period and may be terminated by me or by the Company at any time and for any reason with or without cause or advance notice. I also understand that the Company may demote or discipline me or alter the terms of my employment at any time at its discretion, with or without cause or advance notice. I understand that no policy, statement, conduct, or action on the part of the Company or any Company personnel may alter or waive the at-will nature of my employment at any time or under any circumstances. I understand that in the absence of a writing signed by me and by the President or CEO, which expressly provides for employment for a specified term, no policy, practice, procedure, statement, or action of the Company or any individual at the Company may alter, modify, or waive the at-will nature of employment with the Company in any way or at any time.
I further understand and agree that in the event of a dispute arising between the Company and me regarding my employment or termination from employment, such dispute must be submitted to binding arbitration in Los Angeles County, California, before an experienced employment arbitrator licensed to practice law in California and selected by both parties in accordance with California Code of Civil Procedure section 1281.6 from (1) the American Arbitration Association; (2) Judicial Arbitration and Mediation Services, Inc.; or (3) Action Dispute Resolution Services, as the exclusive remedy for such claim or controversy. Either party desiring to arbitrate shall give written notice to the other party within a reasonable period of time after the party becomes aware of the need for arbitration and within the applicable statute of limitations prescribed by law. With the exception of a filing fee that shall not exceed the cost to file a comparable claim in state or federal court, the Company shall pay the fees and costs of the Arbitrator, and each party shall pay for its own costs and attorneys' fees. The decision of the arbitrator shall be final and binding. Judgment on any award rendered by such arbitrator may be entered in any court having jurisdiction over the subject matter of the controversy. The prevailing party shall receive an award of costs and expenses related to the arbitration, including attorneys' fees. Should I or the Company institute any legal action or administrative proceeding with respect to any claim waived by this Agreement or pursue any dispute or matter covered by this paragraph by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses and attorneys' fees incurred as a result of such action. This arbitration provision does not prohibit a party from seeking and obtaining injunctive relief at any time. A party bringing an action for injunctive relief shall not be deemed to have waived its right to demand arbitration of all disputes.
Finally, I agree that this Acknowledgment contains a full and complete statement of the agreements and understandings that it recites, and I agree that this Acknowledgment supersedes all previous handbooks or policies, whether written or oral, express or implied, relating to the subjects covered in this Acknowledgment.
_________________ ____________________________
Date Employee Signature
*Please sign and return to Human Resources within five days of receipt.
ACKNOWLEDGMENT OF RECEIPT
Employee Name: _____________________
I acknowledge that I have received a copy of the Company's Employee Handbook. I understand that I am responsible for knowing and adhering to the policies set forth in the Handbook during my employment with the Company. I understand that the policies contained in the Handbook are not intended to create any contractual rights or obligations, with the exception of the Company's at-will employment and binding arbitration policies. I further understand that the Company reserves the right to amend, interpret, modify, or withdraw any portion of this Handbook at any time. I understand and agree that if the terms of this Acknowledgment are inconsistent with any policy or practice of the Company now or in the future, the terms of this Acknowledgment shall control.
I further understand and agree that my relationship with the Company is "at will," which means that my employment is for no definite period and may be terminated by me or by the Company at any time and for any reason with or without cause or advance notice. I also understand that the Company may demote or discipline me or alter the terms of my employment at any time at its discretion, with or without cause or advance notice. I understand that no policy, statement, conduct, or action on the part of the Company or any Company personnel may alter or waive the at-will nature of my employment at any time or under any circumstances. I understand that in the absence of a writing signed by me and by the President or CEO, which expressly provides for employment for a specified term, no policy, practice, procedure, statement, or action of the Company or any individual at the Company may alter, modify, or waive the at-will nature of employment with the Company in any way or at any time.
I further understand and agree that in the event of a dispute arising between the Company and me regarding my employment or termination from employment, such dispute must be submitted to binding arbitration in Los Angeles County, California, before an experienced employment arbitrator licensed to practice law in California and selected by both parties in accordance with California Code of Civil Procedure section 1281.6 from (1) the American Arbitration Association; (2) Judicial Arbitration and Mediation Services, Inc.; or (3) Action Dispute Resolution Services, as the exclusive remedy for such claim or controversy. Either party desiring to arbitrate shall give written notice to the other party within a reasonable period of time after the party becomes aware of the need for arbitration and within the applicable statute of limitations prescribed by law. With the exception of a filing fee that shall not exceed the cost to file a comparable claim in state or federal court, the Company shall pay the fees and costs of the Arbitrator, and each party shall pay for its own costs and attorneys' fees. The decision of the arbitrator shall be final and binding. Judgment on any award rendered by such arbitrator may be entered in any court having jurisdiction over the subject matter of the controversy. The prevailing party shall receive an award of costs and expenses related to the arbitration, including attorneys' fees. Should I or the Company institute any legal action or administrative proceeding with respect to any claim waived by this Agreement or pursue any dispute or matter covered by this paragraph by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses and attorneys' fees incurred as a result of such action. This arbitration provision does not prohibit a party from seeking and obtaining injunctive relief at any time. A party bringing an action for injunctive relief shall not be deemed to have waived its right to demand arbitration of all disputes.
Finally, I agree that this Acknowledgment contains a full and complete statement of the agreements and understandings that it recites, and I agree that this Acknowledgment supersedes all previous handbooks or policies, whether written or oral, express or implied, relating to the subjects covered in this Acknowledgment.
_________________ ____________________________
Date Employee Signature
*Please sign and return to Human Resources within five days of receipt.