In the event of my employment in a position with this Company,
I will comply with all rules and regulations of this Company.
I understand that the Company may 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
and during my employment. I understand that should I decline to press
“Next” after reading this agreement, or 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 further understand that the Company may obtain Public Records about
me as part of a background investigation.
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 myself. I also
authorize the Company to use social medial and other internet resources
as part of the pre-employment screening process to the extent permitted by law.
I hereby state that all the information that I have provided on this
application or any other documents completed in connection with my
employment, and in any interview, is true and accurate. I have withheld
nothing that would, if disclosed, affect this application unfavorably.
I understand that if I am employed and any information provided to the
Company is 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 Axos and I will utilize binding
arbitration as the sole and exclusive means to resolve all disputes that
may arise out of or be related in any way to my employment, including
but not limited to the termination of my employment and my compensation.
Axos and I each specifically waive and relinquish our right to bring a
claim against the other in a court of law, and this waiver shall be equally
binding on any person who represents or seeks to represent me or Axos in a
lawsuit against the other in a court of law. Both I and Axos agree that any claim,
dispute, and/or controversy that I may have against Company (or its owners, directors,
officers, managers, employees, or agents), or Axos may have against me, shall
be submitted to and determined exclusively by binding arbitration under the
Federal Arbitration Act (“FAA”), in conformity with the procedures of the
California Arbitration Act (Cal. Code Civ. Proc. sec 1280 et seq., including
section 1283.05 and all of the Act’s other mandatory and permissive rights to
discovery). The FAA applies to this agreement because Axos’s business involves
interstate commerce as Axos is engaged in interstate financial services. 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,
harassment and/or retaliation, whether they be based on the California Fair
Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended,
or any other state or federal law or regulation), equitable law, or otherwise. The
only exception to the requirement of binding arbitration shall be for 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 California
Workers’ Compensation Act, Employment Development Department claims, or as may
otherwise be required by state or federal law. However, nothing herein shall prevent
me from filing and pursuing proceedings before the California Department of Fair
Employment and Housing, 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). By this
binding arbitration provision, both I and Axos give up our right to trial by jury of
any claim I or Axos may have against each other.
All claims brought under this binding arbitration agreement shall be brought in the
individual capacity of myself or Axos. This binding arbitration agreement shall not
be construed to allow or permit the consolidation or joinder of other claims or
controversies involving any other employees, or permit such claims or controversies
to proceed as a class action, collective action, private attorney general action or
any similar representative action. No arbitrator shall have the authority under this
agreement to order any such class or representative action. By press “Next” after
reading this agreement, I am agreeing to waive any substantive or procedural rights
that I may have to bring an action on a class, collective, private attorney general,
representative or other similar basis.
I acknowledge that this agreement is not intended to interfere with my rights to
collectively bargain, to engage in protected, concerted activity, or to exercise
other rights protected under the National Labor Relations Act, and that I will
not be subject to disciplinary action of any kind for opposing the arbitration
provisions of this Agreement.
In addition to any other requirements imposed by law, the arbitrator selected shall
be a retired California Superior Court Judge, or an 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
(including the right of demurrer), all rules of evidence, all rights to resolution
of the dispute by means of motions for summary judgment, judgment on the pleadings,
and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed.
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 in accordance with Cal. Civil Code Section 47(b). 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 arbitrator’s written reasoned
opinion. Resolution of all disputes 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.
Within thirty days of the arbitrator’s final written opinion and order, the opinion
shall be subject to affirmation, reversal or modification, at either party’s written
request, following review of the record and arguments of the parties by a second
arbitrator who shall, as far as practicable, proceed according to the law and procedures
applicable to appellate review by the California Court of Appeal of a civil judgment
following court trial.
This is the entire agreement between myself and Axos regarding dispute resolution,
the length of my employment, and the reasons for termination of my employment,
and this agreement supersedes any and all prior agreements regarding these issues.
Oral representations or agreements made before or after my employment do 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.