I certify that the facts contained in this application are true and complete to the best of my knowledge, information and belief and I understand that if I am employed, that falsified statements contained in this application shall be grounds for immediate dismissal.
I recognize and authorize that investigative background inquiries be made by the Company and/or its third-party designee, to investigate all statements contained herein and the references listed above and to conduct, order and acquire any background information regarding me which the Company deems to be appropriate including, but not limited to criminal records, driving records, educational records, medical records, drug tests and all employment records including any and all disciplinary reports, letters of reprimand or other disciplinary action contained in my record with any employer or former employer (the "Background Information"). These reports and records will be used for the purposes of making personnel decisions or investigating certain incidents and will include information as to my work habits, performance, character, experience, and reasons for termination of past employment from previous employers. I understand and agree that the Background Information is of material importance to the Company and that the Company may refuse to hire me based on the content of the Background Information in the sole and absolute discretion of the Company and may re-verify such information at any time during my employment. I hereby request that all former employers, educational institutions references listed herein or the custodians provided on this application, and any other custodian of the Background Information give all information concerning my previous employment, education, and/or pertinent information they may have, personal or otherwise to the Company and I hereby consent to the release of such Background Information and release all such parties from all liability for any damage that may result from the furnishing of same to the Company or third party designee. In particular, in connection with the processing of my application for employment, and for the duration of my employment with the Company, I and my heirs, executors, administrators, successors and assigns, hereby release the Company, its respective officials, administrators, and employees from any causes of action, claims, liability and demands whatsoever, in law or equity, which I may have, or claim to have, against any or all of said entities or individuals arising from, or occurring 03212123 v1 Page 4 as a result of the investigation or any other action taken by the Company relating to the request of Background Information. I authorize, without reservation, any party or agency contracted by Company to furnish the above-mentioned information. I consent to the disclosure and use of the Background Information by the Company and its retained professionals. I hereby waive my rights under the "Employee Right to Know Act," Act No. 397, Michigan Public Acts of 1975, to written notice of any disciplinary information disclosed by the aforementioned employer or former employer pursuant to this authorization.
I understand and agree that if employed, my employment with the Company is "At Will" and may be terminated, by the Company or by me, at any time, with or without prior notice, and for any reason whatsoever or for no reason, with or without cause and that the nature of my employment cannot be modified except in writing signed by the President of the Company.
I understand and agree that I may be required to take a physical examination or submit to a drug test as a condition of employment or continued employment, if hired. I agree to and consent to take such test(s) at such time as designated by the Company and release the Company, its directors, officers, members, partners, shareholders, agents, retained professionals, insurers or employees from any claim arising in connection with the use of such tests or disclosure of the results thereof.
I understand and acknowledge that, except for the provisions of Paragraph 6 of this Agreement, the policies, rules, and practices of the Company may be changed unilaterally by the Company at any time without any notice to me including and without limitation. If employed, I hereby agree to comply with all rules, regulations and the policies established by the Company for its employees including such new or revised rules, regulations and policies as may be subsequently established. I understand the Company from time to time may make unilateral changes in its rules, regulations and personnel practices and policies that will affect me and that my employment may be subject to unilateral adjustments in compensation, fringe benefits and other terms and conditions of employment including layoffs and terminations.
I understand and agree that in the event that a dispute arises concerning my application for employment with and/or termination from the Company the sole and exclusive method for resolving any and all disputes arising out of my application, employment or termination from the Company or in any way related to any alleged wrongful acts on the part of the Company, its directors, shareholders, agents, members, partners, officers or employees relating to my employment, including but not limited to claims of breach of contract, wrongful discharge, retaliatory discharge claims, tort claims, invasion of privacy, slander, defamation, and/or any statutory claim including but not limited to discrimination or other violation under Title VII of the Federal Civil Rights Act, Age Discrimination in Employment Act, Americans With Disabilities Act, National Labor Relations Act, Fair Labor Standards Act, Family Medical Leave Act, Michigan Persons With Disabilities Act, Whistle Blowers Protection Act, Bullard-Plawecki Employee Right to Know Act and the Michigan Elliot-Larsen Civil Rights Act shall be through the procedures and policies of the American Arbitration Association; thereby waiving my right to adjudicate these claims in a judicial forum. I agree not to bring, and expressly waive my right to bring any action or claim under this Agreement as a member of any purported class or representative proceeding. Nothing in this Agreement, however, shall be construed to prohibit me from filing a charge with or participating in any investigation or proceeding conducted by the EEOC or a comparable state or local agency. Notwithstanding the foregoing, I agree to waive my right to recover monetary damages awarded or resulting from any charge, complaint, or lawsuit filed by me or by anyone else on my behalf. This Agreement applies to all claims whether I become employed by the Company, whether brought during my employment with the Company or at any time after termination of employment with the Company. Venue for any such arbitration hearing shall be Oakland County, Michigan. The parties hereby agree that the determination of the arbitrator shall be binding and final upon all parties. The award of the arbitrator may be filed with the Clerk of the Circuit Court for the County of Oakland, Michigan and judgment may be rendered by the Court upon the arbitration award and execution may be issued upon the judgment. The cost for arbitration shall be split equally between myself and the Company, notwithstanding anything to the contrary in the employment rules of the American Arbitration Association or otherwise. The arbitrator shall not have the power to change, modify or otherwise alter the "At Will" nature of the employment relationship and the arbitrator's written determination shall be based solely upon the "At Will" nature of such employment relationship. In any proceeding under this Agreement, the parties shall have the right to representation by counsel at all steps of the procedure and reasonable discovery, including, but not limited to, interrogatories, document requests, depositions and subpoenas in accordance with Michigan State court rules. The parties may mutually agree that the arbitration therein be stenographically recorded, provided that each party shall equally share the cost of creating and printing the record.
I agree that any arbitration or judicial proceeding arising out of a dispute relative to my employment with the Company shall not be brought unless the same is commenced within One Hundred and Eighty (180) days following the incident giving rise to such dispute. My failure to commence a proceeding within the One Hundred Eighty (180) day period shall result in the extinguishment of any rights I may have to prosecute such claims or actions. If any term or provision contained in this Agreement is construed or held to be invalid, void or unenforceable by a court of confident jurisdiction for any reason whatsoever, such term or provision shall be construed and enforced consistent with state or federal laws to render such provision and the remainder of this Agreement enforceable. Such ruling shall not affect the validity of the remainder of this Agreement.
I agree that if I should bring any action or claim arising out of my employment against the Company in which the Company prevails, I will pay the Company any and all such costs incurred by the Company in defense of such claim or action, including attorney fees, court costs, arbitration fees and all other costs associated with such action.
I hereby authorize the Company to deduct from my wages any sums loaned, advanced or paid on my behalf by the Company. I consent to such deduction freely and fully with the understanding that such deductions may substantially reduce a particular pay check.
I acknowledge and agree that I have reviewed and entered into this Agreement knowingly and voluntarily as a condition of application for employment and/or continued employment with the Company. This Agreement can only be changed or revoked by written agreement signed by both the Applicant and the President of the Company.
Company is an equal opportunity employer and will not discriminate against any applicant on the basis of any characteristic that is protected by state or federal law.
**PLEASE READ THE ABOVE CAREFULLY BEFORE SIGNING. YOUR SIGNATURE INDICATES THAT YOU EXPRESSLY AGREE WITH ALL OF THE FOREGOING.
