|
APPLICANT'S STATEMENT & AGREEMENT
In the event of my employment to a position in this Company, I will comply with all
rules and regulations of this Company. I understand that the Company reserves the
right to require me to submit to a test for the presence of drugs in my system prior
to employment and at any time during my employment, to the extent permitted by law.
I also understand that any offer of employment may be contingent upon the passing
of a physical examination. I consent to the disclosure of the results of any physical
examination and related tests to the Company. I also understand that I may be required
to take other tests such as personality and honesty tests, prior to employment and
during my employment. I understand that should I decline to sign this consent or
decline to take any of the above tests, my application for employment may be rejected
or my employment may be terminated. I understand that bonding may be a condition
of hire. If it is, I will be so advised either before or after hiring and a bond
application will have to be completed.
I understand that the company may investigate my driving record and my criminal record
and that an investigative consumer report may be prepared whereby information is
obtained through personal interviews with my neighbors, friends, personal references,
and other with whom I am acquainted. This inquiry includes information as to my character,
general reputation, personal characteristics and mode of living. I understand that
I have the right to make a written inquiry within a reasonable period of time to
receive additional detailed information about the nature and scope of this investigation.
I further understand that the Company may contact my previous employers and I authorize
those employers to disclose to the Company all records and information pertinent
to my employment with them. In addition to authorizing the release of any information
regarding my employment, I hereby fully waive any rights or claims I have or may
have against my former employers, their agents, employees and representatives, as
well as other individuals who release information to the Company, and release them
from any and all liability, claims, or damages that may directly or indirectly result
from the use, disclosure, or release of any such information by any person or party,
whether such information is favorable or unfavorable to me. I authorize the persons
named herein as personal references to provide the Company with any pertinent information
they may have regarding myself.
I hereby state that all the information that I provided on this application or any
other documents filled out in connection with my employment, and in any such interview
is true and correct. I have withheld nothing that would, if disclosed, affect this
application unfavorably. I understand that if I am employed and any such information
is later found to be false or incomplete in any respect, I may be dismissed. I understand
if selected for hire, it will be necessary for me to provide satisfactory evidence
of my identity and legal authority to work in the United States, and that federal
immigration laws require me to complete an I-9 Form in this regard.
I hereby state that all the information that I provided on this application or any
other documents filled out in connection with my employment, and in any such interview
is true and correct. I have withheld nothing that would, if disclosed, affect this
application unfavorably. I understand that if I am employed and any such information
is later found to be false or incomplete in any respect, I may be dismissed. I understand
if selected for hire, it will be necessary for me to provide satisfactory evidence
of my identity and legal authority to work in the United States, and that federal
immigration laws require me to complete an I-9 Form in this regard.
I further agree and acknowledge that the Company and I will utilize binding arbitration
to resolve all disputes that may arise out of the employment context. Both the Company
and I agree that any claim, dispute, and/or controversy that either I may have against
the Company (or its owners, directors, officers, managers, employees, agents and
parties affiliated with its employee benefit and health plans) or the Company may
have against me, arising from, related to, or having any relationship or connection
whatsoever with my seeking employment with, employment by, or other association with
the Company shall be submitted to and determined exclusively by binding arbitration
under the Federal Arbitration Act, in conformity with the procedures of the Pennsylvania
Consolidated Statutes, Chapter 42, Section 7301 of et seq., including Section 7309,
and all of the Act's other mandatory and permissive rights to discovery. Included
within the scope of this Agreement are all disputes, whether based on tort, contract,
statute (including, but not limited to, any claims of discrimination and harassment,
whether they be based on the Pennsylvania Human Relations Act, Title VII of the Civil
Rights Act of 1964, as emended, or any other state or federal law or regulation),
equitable law, or otherwise, with exception of claims arising under the National
Labor Relations Act which are brought before the National Labor Relations Board,
claims for medical and disability benefits under the Pennsylvania Workers' Compensation
Act. Pennsylvania Unemployment Compensation claims, or as otherwise required by state
or federal law. However, nothing herein shall prevent me from filing and pursuing
proceedings before the Pennsylvania Human Relations Commission, or the United States
Equal Employment Opportunity Commission (although if I choose to pursue a claim following
the exhaustion of such administrative remedies, that claim would be subject to the
provisions of this Agreement.) Further, this Agreement shall not prevent either me
or the Company from obtaining provisional remedies to the extent permitted by Pennsylvania
law (either before the commencement of or during the arbitration process), pending
final resolution of the dispute pursuant to this Agreement. In addition to any other
requirements imposed by law, the arbitrator selected shall be a retired Pennsylvania
Commonwealth Court Judge, or otherwise qualified individual to whom the parties mutually
agree, and shall be subject to disqualification on the same grounds as would apply
to a judge of such court. All rules of pleading, all rules of evidence, all rights
to resolution of the dispute by means of motions for summary judgement and judgement
on the pleadings, shall apply and be observed. Resolution of the dispute shall be
based solely upon the law governing the claims and defenses pleaded, and the arbitrator
may not invoke any basis (including but not limited to, notions of "just cause")
other than such controlling law. The arbitrator shall have the immunity of a judicial
officer from civil liability when acting in the capacity of an arbitrator, which
immunity supplements any other existing immunity. Likewise, all communications during
or in connection with the arbitration proceedings are privileged. As reasonably required
to allow full use and benefit of this agreement's modifications to the Act's procedures,
the arbitrator shall extend the times set by the Act for the giving of notices and
setting of hearings. Awards shall include the arbitrators written reasoned opinion.
I understand and agree to this binding arbitration provision, and both I and the
Company give up our right to trial by jury of any claim I or the Company may have
against each other.
If hired, I agree as follows: My employment and compensation is terminable at-will,
is for no definite period, and my employment and compensation may be terminated by
either the Company (employer) or me at any time and for any reason whatsoever, with
or without good cause.
This is the entire agreement between the Company and me regarding dispute resolution,
the length of my employment, and the reasons for termination of employment and this
agreement supersedes any and all prior agreements regarding these issues. It is further
agreed and understood that any agreement contrary to the foregoing must be entered
into, in writing, by myself and the President of the Company. No supervisor or representative
of the Company, other than its President, has any authority to enter into any agreement
for employment for any specified period of time or make any agreement contrary to
the foregoing. Oral representations made before or after you are hired to not alter
this Agreement.
If any term or provision, or portion of this Agreement is declared void or unenforceable
it shall be severed and the remainder of this Agreement shall be enforceable.
If you have any questions regarding this statement, please ask a Company representative
before signing. I hereby acknowledge that I have read the above statements and understand
the same.
I HAVE READ THE
ABOVE STATEMENT AND AGREEMENT.
I CERTIFY THAT
ALL OF THE INFORMATION THAT I HAVE PROVIDED ON THIS APPLICATION IS TRUE AND ACCURATE.
This application will be considered active for a maximum of thirty (30) days. If
you wish to be considered for employment after that time you must reapply.
|