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C}1ARTWELL STAFFING S£RVICES.INC.ARBrrRATION AGREEMEN
<br /> In the event of any controversy, claim,or dispute arising from,related to,or having any relationship or connection whatsoever with
<br /> the employment of, or the association between, the employee signing below ("Employee") and Chartwell5 fling Sts.em cc
<br /> Ploy
<br /> including its co-employers, Present and former partners. owners, shareholders, officers, managers, employees, a8 the
<br /> including
<br /> and health plans, r- well as parent entities,successor entities,related entities.and subsidiaries(together"Chartwell"),
<br /> an), orbenefit net
<br /> t mast, whether based on wntract, tort, or statutory dirty or prohibition, including tory p �
<br /> termination of emp oY to submit the dispute to binding arbitration
<br /> discrimination or harassment, Employee and Chartwell (together the "Parties") agree
<br /> administered by]AMS subject to its Policy of Employment Arbitration Minimum Standards of Procedural Fairness,and pursuant to
<br /> its Employment Arbil o es and
<br /> d Procedures
<br /> ront sed a(the"Rules")in been effect on the date JAMS issues a commencement!ester confirming
<br /> that its requirements
<br /> Employee acknowledges receiving a copy of JAMS' Butes in conjunction with this Agreement and that the Rules can o accreted
<br /> online at lr lrwww.' ! t-arbitmtion/. The arbitration shall take place in Orange County,California The
<br /> on the a-ward may be eritered in
<br /> arbitrator shall issue Th wrium The s cl to allowch s the�treeu+n costsuate fnr 1 g 1 rcprtsetttatiottcial review and enand witness fees and Charwelll will any
<br /> the
<br /> having jurisdiction.
<br /> the case
<br /> litigateed
<br /> cost of the arbitrator and
<br /> entitled to mleaningful discovery on of essential decumer,ts and wiincurredt would not have been
<br /> costs of tn essesf , as ddeternaiined b `W- bitratvr in
<br /> law. The Parties shall
<br /> accordance with the Rules.
<br /> All issues and questions concemiag the construction,validity,enforcement and interpretationthe
<br /> of this aws f the State of shall Caiifornia,without
<br /> governed by,
<br /> and consuved in accordance Th P �try conum to personal jurisdiction n the lstate and federal courts of the State of
<br /> giving effect to any conn ent shall be brought either in the state or federal courts of
<br /> California and agree that any and all claims brought to enforce this Agreement s t'ia! Em is that Employee is
<br /> the County of Orange. The Parties uadersiand that they are waiving their riga ts, a jury F y ams
<br /> P participate in a class action or collective action, whether filed in a court of law or in arbitration.
<br /> waiving the right to bring,or t
<br /> n Wei--,W')- if the C[rss Action Waiver is found to Frnployee ftnthPr�
<br /> against Chartwell(the"Class Ac'.ia
<br /> aarees that
<br /> of law,and not arbitration,is*,e only forum far a class action or collective action ago
<br /> inst C� rrwell. on,whedw filed in a court
<br /> Employee is wP-iv the right t ii��pa Remr-=mtive mon W!vera')if the Representative Act on Wil r is found to be
<br /> Of law or in arbitration,against
<br /> unenforceable, the Parties agree that a court of law, and not arbitration. is the only forum for a representative action, including a
<br /> PAGA action,against Chartwell.
<br /> To the extent that the Parties' dispute involves both claims which cannot be arbitrated under applicable law("Excluded Claims"}and
<br /> n the !'attics agree to bifurcate and stay for the duration of the arbitration proceedings any such
<br /> claims subject to this Agmeme t, the and not an arbitrator,shall decide the¢ateway issues of arbitrability of claims,
<br /> Excluded Claims. In the event of a dispute, have a statutory right(for example,under the National Labor Relations Act)
<br /> including class and representative clattns. Employee may
<br /> to act concertedly on behalf of him/herself and others against Chartwell in certain fortune. 1rwise ar C-nahwel! is entitled to enforce
<br /> this Agreement and seek dismissalof such class. is Agreement as a deftnse
<br /> cinat tHs Agreement doesanot preclon and ude otherwise
<br /> E p c s�abi ability to Clea oricers'
<br /> in any proceeding. me Parti
<br /> unemployment insurance benefits with the EDD,or a ciaim Ni'ir
<br /> compensation claim,a claim for tl a©Fcii or Ert3
<br /> Nothing contained in this Agreement steal!be deem-,d t:�alta:or modify Clrzrweil's policy of at-will employment. Employment
<br /> of
<br /> Chartwell is at-will and�be terminated by Employee
<br /> mbla such r provi
<br /> sion eshail be limited to rite extent nll at any time,with or without cecessar) w ause or treader iice. If t any
<br /> and
<br /> this Agreement is deemed invalid or eons n p
<br /> enforceable and the remaining provisions of the Agreement shall continue in foil furca and effect 3vithoct teeing impaired or
<br /> invalidated in any way. The Parties specifically agree that if the Representative Action Waiver is found to be trnenforc:We,it may be
<br /> under the ll be
<br /> severed from this Agreement. .e a�ease,
<br /> in ca art uttti!she later occainde-. of the claims urrence �a j�udgmemby l�:e�ed i n a Dort o aw onof tthe
<br /> Agreerttent and the representative
<br /> arbitrator's decision or dismissal of the arbitration.
<br /> This Agreement supersedes aid replaces any prior agreements with Clsartwel! regardin¢ Employee's ah!igaiion to arbitrate claims.
<br /> This Agreement shall survive rite termination of E nployee's employment wife C!t 1rNell. ?ire Pariie:' sicna" belay:certify that
<br /> they understand and agree to the above Agreement. The Parties understand that by signing this Agreement, beth Employee and
<br /> Chartwell are giving up their rights to a trial by jury-
<br /> _� + CbartweII
<br /> rn
<br /> Eto ee Print Nesnefritle•
<br /> Print Name:
<br /> �-' Signature:
<br /> Signature:
<br /> Dale:
<br /> �! Date:
<br /> ---- r
<br /> C796.11334306 FOR CALIFORNIA EMPLOYEES
<br />
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