APPLICANT ACKNOWLEDGEMENT OF TERMS AND CONDITIONS OF THIS APPLICATION
IT IS IMPORTANT THAT YOU READ THE SECTION BELOW CAREFULLY AND THAT YOU FULLY UNDERSTAND IT BEFORE YOU AGREE TO IT BY SIGNING IT. THIS SECTION AFFECTS YOUR LEGAL RIGHTS. IF YOU HAVE ANY QUESTIONS, PLEASE ASK A REPRESENTATIVE OF THE SHEA FAMILY OF COMPANIES (HEREIN REFERRED TO AS “THE COMPANY”) BEFORE YOU SIGN AND RETURN THIS APPLICATION.
By signing below, you promise that all information you have supplied in this application and any other form, oral or written, is complete, true and accurate. Any misstated, misleading, incomplete, or false information by you in this application or in interviews or documents related to my application is grounds for rejection of this application, refusal to hire, withdrawal of an offer of employment, or immediate discharge without recourse, whenever and however this information is discovered. Your promise is made with the understanding that your statements will be relied upon in the hiring process. If you disagree with the statements, policies, and procedures herein, you should not submit an employment application form and should not seek employment with the Shea family of companies.
By signing and completing this application below:
I understand that my eligibility for employment will be conditional upon my taking and passing a drug screening in accordance with applicable law, as directed by the Company. I hereby consent to the disclosure of the results of such drug screening to the Company, and if a separate consent form is required under applicable law, I agree to give to the Company such consent. I also understand that if hired, during my employment I may be required to submit to drug testing under certain conditions (for example, for safety-sensitive positions and/or upon reasonable suspicion), in accordance with applicable law. I understand that, should I decline to provide consent(s) or take any of the above tests, my application for employment may be rejected, offer of employment withdrawn, or my employment may be terminated.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. In addition, I understand that during my employment, I may be required to take other physical or mental examinations that are job-related and consistent with business needs.
I further understand that my employment with the Company will be contingent upon successful completion of a background check, subject to and consistent with applicable laws, and per separate information provided to me.
I further understand that the Company may contact my previous employers. 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 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 me.
I understand that if hired, my employment will be terminable at will, which means that I will have the right to end my employment, with or without prior notice, and with or without cause or reason, and the Company will have that same right. I acknowledge that nothing in this application or in any interview shall be construed as creating an employment contract obligating the Company (expressly or implicitly) to employ me for any definite time period.
Further, the Company utilizes basic common sense rules, standards, guidelines, and practices in its day-to-day work requirements and employment (“policies”). These policies (which are separate from the Mutual ADR Agreement above) may be amended or rescinded from time to time at the discretion of the Company. I promise to abide by the Company’s policies, including the following specific policies:
1.Hostile Workplace, Sexual Harassment, Discrimination, Retaliation. The Company has policies in place prohibiting the unlawful activity of creating a hostile work environment, engaging in sexual harassment, discrimination in hiring, firing, or in the workplace, and unlawful retaliation.
2.Property Inspection. Company property and premises include lockers, closets, desks, all electronic devices, including computers, smart phones and telephones including personal devices to the extent that they are used for business-related purposes, or other Company-owned receptacles for storing personal property. The Company reserves the right to inspect or search its property in the event grounds exist for such inspection or search. The grounds may include reasonable suspicions and/or investigation related to use or possession of unauthorized materials, theft or missing property (Company or otherwise), improper use of computers and other electronic devices, possession of alcoholic beverages or illegal drugs, possession of dangerous weapons and/or possession of other illegal materials.
3.Drug-Free Workplace Policy/Drug & Alcohol Testing. In order to ensure a drug-free work environment, the Company prohibits the possession, use, sale, or transfer of illegal substances, or being at work under the influence and impaired by alcohol, or prescription, over the counter or illegal drugs or any other substance, in accordance with applicable law. One way to maintain a drug-free workplace is to conduct pre-employment testing of all applicants to whom a conditional offer of employment has been extended, and—as permitted by and in accordance with applicable laws--testing of current employees when a reasonable suspicion exists that an employee is impaired or has been involved in an accident at work or while in the course and scope of employment.
Mutual ADR Agreement:
By signing and submitting this application, you accept the terms and conditions of the following Mutual Alternative Dispute Resolution Agreement (“Mutual ADR Agreement”) in the event of your employment with the Company:
This Mutual ADR Agreement sets forth the procedures that shall be used to resolve disputes between you and the Company arising out of or related to your application, employment, or termination. Disputes subject to this Agreement will be resolved by mediation or final and binding arbitration and not by a court or jury. Covered disputes include, but are not limited to, the use of trade secrets, unfair competition, compensation, termination, harassment, discrimination, and claims based on the Civil Rights Act of 1964, the American with Disabilities Act, the Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act and similar state statutes and any related common law employment-related claims. This Agreement does not cover worker's compensation, state disability insurance and unemployment insurance claims, or any other claims not subject to arbitration as a matter of controlling law.
This Agreement is governed by the Federal Arbitration Act, 9 U.S.C. Sec. 1, et seq. By entering into this Agreement, you are not prohibited from filing claims with agencies such as the National Labor Relations Board, Equal Employment Opportunity Commission, and the U.S. Department of Labor to the extent applicable law permits such filings notwithstanding an agreement to arbitrate. In addition, this Agreement does not excuse you from legal obligations to exhaust applicable administrative remedies, if any, prior to bringing a claim.
Under this Agreement, covered disputes must be resolved using the following procedure:
A party initiating arbitration must deliver or mail a written demand for arbitration to the other party within the applicable statute of limitations period. Arbitration demands by you must be made to: General Counsel's Office, 655 Brea Canyon Rd., Walnut, CA 91789. Arbitration demands to you must be made to your attorney of record, if applicable, or your address on file.
As the next step, you and the Company will participate in mediation in an effort to resolve the dispute. A neutral mediator will be selected by mutual agreement of the parties. The mediation will be held in the geographic area where you applied for a position or last worked for the Company unless the parties agree to some other location. The mediator's fees will be paid by the Company. The parties may skip this step by mutual, written consent.
If the dispute is not resolved by mediation, a neutral arbitrator shall be selected by mutual agreement of the parties. The arbitration will be held in the geographic area where you applied for a position or last worked for the Company unless the parties agree to some other location. To be eligible for selection, the arbitrator must have a J.D. (law degree). If the parties cannot mutually agree to an arbitrator, any party may request that Judicial Arbitration Mediation Services (JAMS) appoint one. Where applicable law requires, the Company shall pay all arbitration fees and costs incurred in connection with the arbitration, including the arbitrator’s fee. Where applicable law does not require such, the fees and costs will be apportioned between you and the Company by decision of the arbitrator applying applicable law.
In the arbitration, all parties will have the right to conduct discovery and bring motions as provided for by the Federal Rules of Civil Procedure. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT OR ARBITRATED AS A CLASS, MASS OR OTHER COLLECTIVE ACTION, OR AS A PRIVATE ATTORNEY GENERAL ACTION (PAGA).
The arbitrator's decision will be final and binding, will be confidential, and will be issued in writing, stating the essential findings of facts and conclusions of law. The arbitrator may award only those remedies provided by applicable federal or state law based on the underlying claims as would be available to a party in a court of law for the claims presented to and decided by the arbitrator. Each party will be responsible for his/her/its own attorneys’ fees except where such fees are awarded as part of the remedy as provided by applicable state or federal law. The arbitrator's award can be enforced as a final judgment in any court of competent jurisdiction.
This sets forth our complete ADR Agreement. Once signed, it supersedes any prior or other such agreements. If any portion of this Agreement is deemed invalid, all remaining portions shall continue to be enforceable. Company associates, acting alone or together, will not be disciplined or retaliated against for challenging the enforceability of all or part of this Agreement.
I HAVE READ THIS ALTERNATIVE DISPUTE RESOLUTION AGREEMENT AND BY MY SIGNATURE BELOW, I ACCEPT THIS AGREEMENT AND AGREE TO COMPLY WITH AND BE BOUND TO SUCH. BY MUTUALLY AGREEING TO ARBITRATE COVERED DISPUTES, I RECOGNIZE THAT THESE DISPUTES WILL NOT BE RESOLVED BY A COURT OR JURY AND THAT I AM WAIVING MY RIGHTS TO A JURY TRIAL. I ALSO UNDERSTAND THAT I MAY REVIEW THIS AGREEMENT WITH AN ATTORNEY OF MY CHOICE AND AT MY EXPENSE BEFORE SIGNING MY AGREEMENT TO BE BOUND.
APPLICANT’S SIGNATURE
IF YOU HAVE ANY QUESTIONS REGARDING THIS APPLICANT ACKNOWLEDGEMENT OF TERMS AND CONDITIONS OF THIS APPLICATION, PLEASE ASK A COMPANY REPRESENTATIVE BEFORE SIGNING. DO NOT SIGN UNTIL YOU HAVE READ THE ABOVE TERMS AND CONDITIONS.
I hereby acknowledge that I have read the above terms and conditions, and that I understand and agree to them.
Candidate Sign Off
I certify that all of the information in this application is true and correct as of this date.
Application Review