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provide consent(s) or take any of the above tests, my application for employment may be rejected, offer of employment withdrawn, or my employment may be terminated.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:
You and the Company mutually agree to the resolution by arbitration (except as provided below), under the JAMS Employment Arbitration Rules and Procedures (which are available at jamsadr.com , or from the Company upon your request), of all claims (common law or statutory) that the Company might have against you, or that you might have against the Company, its parent, subsidiary and affiliated companies, the partners, officers, owners, members, shareholders, directors, employees or agents of any such company, and all successors and assigns of any of them. The Company will be responsible for paying any filing fee and the fees and costs of the Arbitrator; provided, however, that if you are the party initiating the claim, you will contribute an amount equal to the filing fee to initiate a claim in the court of general jurisdiction in the state in which you are (or were last) employed by the Company. You and the Company waive the right to have a court or jury trial on any arbitrable claim. The Federal Arbitration Act shall govern this Agreement, or if for any reason the FAA does not apply, the arbitration law of the state in which you last rendered services to the Company.
Notwithstanding any provision of the JAMS Rules, arbitration shall occur on an individual basis only, and a court of competent jurisdiction (and not an arbitrator) shall resolve any dispute about the formation, validity, or enforceability of any provision of this Agreement. If any provision(s) of this Agreement are held to be illegal or unenforceable, the parties intend that they be severed and the balance of the Agreement enforced. To the maximum extent permitted by law, you waive the right to initiate, participate in, or recover through, any class, collective, or representative action; but nothing in this Agreement prevents you from initiating or recovering in an individual action in your personal capacity. The venue of the arbitration shall be the local office of JAMS where you work or last worked for the Company. If there is no local JAMS office, then the venue shall be in Los Angeles with JAMS—provided, however, that if under law that venue provision is not enforceable, then venue shall lie in the county (or comparable governmental unit) where you work or last worked for the Company and an alternative dispute-resolution provider will either be selected by the parties or, if the parties are unable to agree on an alternative provider, appointed by a court of competent jurisdiction. Nothing in this Agreement prevents you from filing a complaint, charge, or other communication with any federal, state or local governmental or law enforcement agency, including but not limited to the National Labor Relations Board and the California Division of Labor Standards Enforcement, and recovering any relief such agency awards. The following claims are not covered by this Agreement: claims for workers’ compensation or unemployment compensation benefits; claims that as a matter of law cannot be subject to arbitration (after application of Federal Arbitration Act preemption principles), such as claims covered by the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act; and claims under an employee benefit or pension plan that specifies a different arbitration procedure. To the maximum extent permitted by law, the arbitrator shall award the prevailing party its costs and reasonable attorney’s fees; provided, however, that the arbitrator at all times shall apply the law for the shifting of costs and fees that a court would apply to the claim(s) asserted. This Agreement shall remain in effect regardless of the position you hold with the Company and notwithstanding the termination of your employment with the Company.
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