Aquinas Healthcare takes affirmative action to select the best-qualified applicants without regard to race, color, creed, national origin, gender, sexual preference, age, religion or disability where accommodations will not impose an undue hardship on the agency. Our Company is an equal opportunity employer.
Dear Applicant:
Home care does make a difference in the lives of the neighbors we serve by making it possible for them to stay at home during difficult times, and live independent lives with dignity. We know that providing care to people in their home is both a professionally challenging and personally rewarding career. If you are chosen to become a new member of our team you too will play an important role in people's lives and our community.
The work here at Aquinas Healthcare requires a person who is honest, dependable, and competent and gets satisfaction from helping others. We know this because that is what our client's tell us they expect, and what has made our staff successful.
If you are new to home care or an experienced care provider, we thank you for considering Aquinas Healthcare and its mission of caring to improve people's lives.
Thank you, Aquinas Healthcare Management
Please make sure you fill out the following application form completely. Answer all questions and sign and date the application form at the end. Incomplete or wrong information canc ause a delay in processing your application. Part of the selection process will include a gathering required citizenship documentation.
Check here if not required
I, hereby authorize Aquinas Healthcare to request and receive from all prior employers within one year of the date of this application, any and all pertinent information concerning my prior employment and its termination, including the reasons for such termination.
The ability to practice as a home health employee includes the physical capacity and ability to perform the duties and essential functions of a home health aide with or withour accommodations.
POSITIONS: Certified Home Health Aide, Certified Nurse Assistant (CNA), Licensed Practical Nurse (LPN) and Registered Nurse (RN)
These licensed employees work in a variety of home facility environments. They may travel to and from the client's residence or Live In the client's home if necessary. Tasks may involve exposure to blood body fluids, or tissue (OSHA Category 1) amd household chemicals, dust and disinfectants. THese positions may require driving a car, independently using public transportaion, lifting, bending, reaching, kneeling, pushing, pulling, stretching, standing, stooping, walking, using the stairs, seeing, hearing, speaking English, writing, reading, arrying, weight bearing activities and using of a wide assortment of appliances.
The following list of essential functions is generally required of all cases for the above positions.
1. See
3. Speak English
5. Walk
7. Stand and balance on tip toes
9. Stand for 30 minutes at a time
11. Read
12. Drive or use public transportation (get on and off bus or in and out of car)
13. Assist client with walking requiring grabbing, holding the client and maintaining balance
14. Assos client with transferring that requires grabbing, pivoting, lifting and pulling
15. Lift client and bear weight as required to transfer client from bed to wheelchair
16. Lift and pull client to position in bed or chair
17. Stand, reach, stretch and bend to help the bed bound client with personal care
18. Reach, stretch and pull to make an occupied bed
19. Lift a mattress to make a bed
20. Lift a basket of laundry from the floor to tabletop
21. Carry a full grocery bag or basket of wet laundry
22. Reach and stretch to get things from cupboard
23. Push a loaded grocery cart or a client in a wheelchair
24. Stoop or bend to pick things off the floor or reach lower cabinets
25. Climb and descend flights of stairs
26. Carry a bag of groceries or laundry up and down a flight of stairs
27. Kneel to assist clients, pick things off the floor or get items from cupboards
28. Get down on and up off knees
29. Push and pull a vacuum cleaner, wet mop or use a broom
30. Work in hor or cold homes
31. Use a wide assortment of home appliances and kitchen utensils
2. Hear
4. Bend
6. Kneel
8. Use hands ti write
10. Grab and hold items in the hand
Type your initial here to attest you have reviewed, understand an can perform the above job responsibilities:
CHAPTER 191 - Danielle\s Law
AN ACT concerning staff working with persons with developmental disabilities or traumatic brain injury and supplemeting Titile 30 and 45 of the Revised Statutes.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as "Danielle's Law," C.30;6D-5.2 Definitions relative to staff working with persons with developlmental disabilities, traumatic brain injury.
As used in this act: "Commissioner" means the Commissioner of Human Services, "Department" means the Department of Human Services, "Facility for persons with developmental disabilities" means a facility for person with developmental diisabilities as defined in section 3 of P.L. 1977, c.82 (C.30;6D-3). "Facility for persons with traumatic brain injury" means a facility for person with traumatic brain injury that is operated by, or under contract with, the department. "Life-threatening emergency" means a situation in which a prudent person could reasonably believe that immediate intervention is necessary to protect the life of a person receiving services at a facility for person with developmental disabilities or a facility for person with traumatic brain injury or from a public or private agency, or to protect the lives of other persons at the facility or agency, from an immediate threat or actual occurrence of a potentially fatal injury, impairment to bodily functions or dysfucntion of a bodily organ or part. "Public or private agency" means an entity under contract with, licensed by or working in collaboration with the department to provide services for person with developmental disabilities or traumatic brain injury. C.30;6D-5.3 Responsibilities of staff at facility for person with developmental disabilities, traumatic brain injury.
3. a. A member of the staff at a facility for persons with developmental disabilities or a facility for person with traumatic brain injury or a member of the staff at a public or private agency, who in either case works directly with persons with developmental disabilities or traumatic brain injury, shall be required to call the "911 emergency" telephone services for assistance in the event of a life-threatening emergency at the facility or the public or private agency, and to report that call to the department, in accordance with policies and procedures established by regulation of the commissioner. The facility or the public or private agency, as applicable, and the department shall maintain a record of such calls under the policy to be established pursuant to this section. b. The department shall ensure that appropriate training is provided to each member of the staff at a facility for persons with developmental disabilityies or a facility for person with traumatic brain injury or member of the staff at a public or private agency, who in either case works directly with persons with developmental disabilities or traumatic brain injury, to effectuate the purposes of subsection a. of this section. C.30:6D-5.4 Violations, penalties.
4. A member of the staff at a facility for person with developmental disabilities or a facility for persons with traumatic brain injury or a member of the staff at a public or private agency who violates the provisions of section 3 of this act shall be liable to a civil penalty of $5,000 for the first offense, $10,000 for the second offense, and $25,000 for the third and each subsequent offense, to be sued for and collected in a summary proceeding by the commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c.274 (C.2A: 58-10 et seq.). C.30":6D-5.5 Record of violations.
5. The department shall maintain a record of violations of the provisions of section 3 of this act, which shall be included in the criteria that the department considers in making a decision on whether to renew the license of a facility or whether to renew a contract with a public or private agency, as applicable. P.L., 2003, CHAPTER 1912 C.45:1-21.3 Violation of the responsibility to make 911 call, forfeit me of license, authorization to practice.
6. A health care professional licensed or otherwise authorized to practice as a health care professional pursuant to Title 45 of the Revised Statutes who violates the provisions of section 3 of P.L. 2003, c. 191 (C.30:6D-5.3) shall, in addition to being liable to a civil penalty pursuant to section 4 of P.L. 2003, c.191 (C.30:6D-5.4), be subject to revocation of that individual's professional license or other authorization to practice as a heal care professional by the appropriate licensing board in the Division of Consumer Affairs in the Department of Law and Public C.30:6D-5.6 Rules, regulations.
7. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C.52:14B-| et seq.), shall adopt rules and regulations necessary to effectuate the purposes of this act.
8. This act shall take effect on the 180th day after enactment, but the Commissioner of Human Services may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act. Approved October 26, 2003.
Type your initial here to certify you have reviewed & understand the requirements of Danielle's Law:
AQUINAS HEALTHCARE EMPLOYEE HEALTH HISTORY
MEDICAL HISTORY: (To be completed by the Employee prior to the physical examination. Check all that apply. )
I consider that my present health to be good, that this hirtory is correct, I am able to do the essential functions of the jon and I have disclosed all conditions needing special consideration.
Type your initials here to attest that the above information regarding your personal health is accurate to the best of your knowledge:
HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION
Hepatitis B is a liver infection caused by the Hepatitis B virus (HBV), Hepatitis B is transmitted when blood, semen, or anoter body fluid from a person infected with the Hepatitis B virus enters the body of someone who is not infected. This can happen through sexual contact; sharing needles, syringes, or other drug-injection equipment; or from mother to baby at birth. For some people, hepatitis B is an acute, or short-term, illness but for others, it can become a long-term, chronic infection.
Hepatitis B vaccine is available to employees who could be expected to come into contact with human blood and other potentially infectious materials in the course of their work. The vacine is usually given as a 3-shot series over a 6-month period. Some people should not get this vaccine:
• If you have any severe, life-threatening allergies. if you ever had a life-threatening allergic reaction after a dose of hepatitis B vaccine. or have a severe allergy to any part of this vaccine, you may be advised not get vaccinated. Ask your health care provider if you want information about vaccine components.
• If you are not feeling well, If you have a mild illness, such as a cold, you can probably get the vaccine today. If you are moderately or severely ill, you should probably wait until you recover. The doctor can advise you.
Please indicate if you would like to have or want to devline the Hepatitis B vaccination by checking the appropriate 1 box below. Please check only 1 box and the second box would mean you want the shots, so please read carefully.
I have already received the Hepatitis B vaccination. I completed the HBV vaccination series on (A copy of the written record will be requested)
The Hepatitis B vaccination has been explained to me and I accept participation in the vaccination series and have not yet been vaccinated. I realize this is a series of 3 different shots over a 6 month period. I will be required to have these shots done at a provider of Aquinas Healthcare's choice as they will pay the cost.
( Declination Statement ) I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to me; however, I decline hepatitis B vaccination at this time. I understand that due to my occupational exposure to blood or other potentially infectious material I may be at risk of acquiring hepatitis B virus (HBV) infection. and that by declining this vaccine I continue to be at risk of acquiring hepatitis B, a serious disease. If, in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me, as long as I am still currently employed by Aquinas Healthcare.
Type your initials here to attest that you understand the hepatitis B risks and that you may revisit or change your answer at a later date:
I understand that Aquinas Healthcare has a legal and ethical responsibility to safeguard the privacy of all clients and to protect the confidentiality of their personal health information/ Additionally, Aquinas Healthcare must assure the confidentiality of its human resource, payroll, fiscal, research, computer systems, legal, planning and management information (collectively "Confidential Information".)
In the course of my employment at Aquinas Healthcare, I understand that I may come into the possession of Confidential Information including client's protected health information.
I further understand that I must sign and comply with this agreement in order to get authorization for access to any of Aquinas Healthcare protected Confidential and Client health information.
1. I will not discuss any Confidential Information including client personal health information to anyone who does not have a need to jnow and not discuss this Confidential Information in any public place including public transportation, in the hallways or lobbies of buildings and the office, elevators, or anywhere except in that client's home or to staff members who have a right to know the information for treatment purposes in a private area of the office. It is not acceptable to discuss Confidential Information in publiuc areas even if a client's name is not used; such a discussion may raise doubts among clients and our respect for their privacy.
2. I will not disclose any Confidential Information, including Client personal health information, with others, including my family of friends, who do not have a need to know it, unless the client has provided a properly executed, written.
3. Authorization to release the information or as set forth in the law and where the client has consented to the disclosure of such information.
4. I understand that my personal access code, user TD(s), and password(s) used to access the Aquinas Healthcare computer system, phone system, voice mail, or internet are also an integral aspect of this Confidential Information. I will not willingly inform another person or knowingly use another person's personal access code, user ID(s), and password(s) used to access the Aquinas Healthcare computer system, phone system, voice mail, or internet.
5. I will not make inquiries about Confidential Information for other personnel who do not have proper authorization to access such Confidential Information.
6. I will not make any unauthorized transmissions, inquires, modifications, or purging of Confidential Information from Aquinas Healthcare computer system, written docuemntation or other media.
7. I will log off any computer or terminal prior to leaving it unattended.
8. I will comply with any security or provacy policy promulgated by Aquinas Healthcare to protect the security and privacy of Confidential Information.
9. I will immediately report to my supervisor any activities by any person, including mysef, that is a violation of this Agreement or breach of Confidential Information.
10. Upon termination of my employment, I will immediately return any documents or other media containing Confidential Information.
11. I agree that my obligations under this Agreement will continued after the termination of my employment.
12. I understand that violation of this Agreement may result in disciplinary action, up to and including termination in accordance with Aquinas Healthcare policy, as well as legal liability.
13. I further understand that all computer access activity is subject to audit.
By signing this Confidentiality Agreement, I understand and agree to its terms and restrictions and agree that I have read the above Agreement and agree to comply with all its terms.
Dear (reference): has applied for a position here at Aquinas Healthcare. The above applicant has given you as a work rederence. In New Jersey health care entities, must report to other health care entities disciplinary actions taken against an employee for professional misconduct, improper patient care of other actions that negativity affect the health care professional's ability to treat patients (Cullen Act), in addition to the other legally required information on this reference. As such we are asking for your cooperation in completing the following information. We thank you for your prompt response and it will be held in strict confidence. Please let us know if you have any question regarding this request. Best Regards, Aquinas Healthcare Management
I give you consent to the Aquinas Healthcare to thoroughly investigate my background and verify all information given to the Agency on applications, related papers and interviews. I authorize all employers, individuals, schools, and firms named therein to provide any information requested about me, and I release them from all liability for damages in providing this information. I have given Aquinas Healthcare my permission to contact you in relation to my application.
1. This applicant gave us the following information in relation to your firm:
Dates of Employment:
I give my consent to the Aquinas Healthcare to thoroughly investigate my background and verify all information given to the Agency on applications, related papers and interviews. I authorize all employers, individuals, schools, and firms named therein to provide any information requested about me, and I release them from all liability for damages in providing this information. I have given Aquinas Healthcare my permission to contact you in relation to my application.
This applicant has applied for a position that requires honesty, trustworthiness and dependability. The responsilities include providing direct personal care outlined on a written Plan of Care under professional supervision. The work is in support of the client's safety, dignity and well-being. The employee will work in the client's residence or facility to assist with Activities of Daily Living (ADLs) including personal care, grooming, ambulation, companionship, homemaking, meal preparation, housekeeping and other hands on assistance.
In the interest of maintaining the safety and security of our customers, employees, and property, Aquinas Healthcare, Inc., (the "Company") will order a "consumer report" (a background check) on you in connection with your employment application, and if you are hired, or if you already work for the Company, may order additional background checks on you for employment purposes.
The background check company, ADP Screening and Selection Services, will prepare the background report for the Company. ADP Screening and Selection Services is located at 301 Remington Street, Fort Collins, CO, 805245, and can be reached toll free at 800-997-9833 or a their Internet Website Address www.adpselect.com
The background check may contain information concerning your character, general reputation, personal characteristics, mode of living, and credit standing. The types of information that may be ordered include, but are not limited to; Social Security number verification, criminal, public, educational, military and as appropriate, driving records checks; verification of prior employment; reference, licensing, and certification checks; credit reports; and drug testing results. The information may be obtained from private and public record sources including personal interviews with your associates, friends and neighbors. An investigative consumer report is a background report that includes information from such personal interviews, except in California where that term means any background report and scope of the most common form of investigate consumer report is an investigation into your education and/or employment history conducted by ADP Screening and Selection Services of another outside organization.
You may request more information about the nature and scope of an investigative consumer report, if any, by telephoning the Company at 973-467-8502. A summary of your rights under the Fair Credit Reporting Act is also being provided to you with this form.
If you live or work for the Company in any of the states listed below, please note the following:
NEW JERSEY: If you submit a request in writing, you have the right to know whether the Company ordered an investigative consumer report from ADP Screening and Selection Services. You may inspect and order a free copy of the report by contacting ADP Screening and Selection Services.
After carefully reading this Background Check Disclosure and Authorization form, I authorize the Company to order my background report, including investigative consumer reports. I understand that the Company may rely on this Authorization to order additional background reports, including investigative consumer reports, during my employment without asking me for my authorization again as allowed by law.
I also authorize the following agencies and entitles to disclose to ADP Screening and Selection Services and its agents all information about or concerning me, including but not limited to: my past of present employers; learning institutions, including colleges and universities; law enforcement and all other federal, state and local agencies; federal, state and local courts: the military; credit bureaus; testing facilities; motor vehicle records agencies; all other private and public sector; responsitories of information; and any other person, organization, or agency with any information about or concerning me. The information that can be disclosed to ADP Screening and Selection Services and its agents includes, but is not limited to information concerning my employment history, earnings history, education, credit histoty, motor vehicle history, criminal history, military service, professional credentials and licenses and substance abuse testing.
I agree the Company may rely on this authorization to order background reports, including investigative consumer reports, firm companies other than ADP Screening and Selection Services without asking me form my authorization again as allowed by law. I also agree that a copy of this form is valid like the signed original. I certify that all of my personal information on this form is true and correct and understand that dishonesty me from consideration for employment with the Company, or if I am hired or already work, for the Company, that my employment may be terminated.
FOR IDENTIFICATION PURPOSE ONLY:
Addresses Within The Past Seven Years (Use a separate sheet as needed)
This Mutual Arbitration Agreement is a contract and covers important issues relating to your rights. It is your sole responsibility to read it and understand it. You are free to seek assistance from independent advisors of your choice outside the Company or to refrain from doing so if that is your choice.
Este Acuerdo de arbitraje mutuo es un contrato y cubre temas importantes relacionados con sus derechos. Es su responsabilidad leerlo y entenderlo. Usted es libre de buscar ayuda ded asesores independientes de su elección fuera de la Compañia o abstenerse de hacerlo si es su elección.
This Mutual Arbitration Agreement("Agreement") is between Employee and Aquinas Healthcare ("COMPANY"). The Federal Arbitration Act (9 U.S.C. 1 et seq.) governs this Agreement, which evidences a transaction involving commerce. ALL DISPUTES COVERED BY THIS AGREEMENT WILL BE DECIDED BY AN ARBITRATOR THROUGH ARBITRATION AND NOT BY WAY OF COURT OR JULY TRIAL.
1. COVERED CLAIMS/DISPUTES. Except as otherwise provided in this Agreement, this Agreement applies to any and all disputes, past, present, or future that may arise between Employee and COMPANY, including without limitation any dispute arising out of or related to Employee's application, employment and/or separation of employment with COMPANY. This Agreement applies to a covered dispute that COMPANY may have against Employee or that Employee may have against COMPANY, its parent companies, subsidiaries, related companies and affiliates, or their officers, directors, principals, shareholders, members, owners, employees, and managers or agents, any of which may enforce this Agreement as direct or third-party beneficiaries.
The claims subject to arbitration are those that absent this Agreement could be brought under applicable law. Except as it otherwise provides, this Agreement applies, without limitation, to claims based upon or related to discrimination, harassment, retaliation, defamation (including post-employment defamation or retaliation), breach of a contract or covenant, fraud, negligence, emotional distress, breach of fiduciary duty, trade secrets, unfair competition, wages, minimum wage and overtime or other compensation claimed to be owed, breaks, and rest periods, termination, tort claims, equitable claims, and all statutory and common law claims unless specifically excluded below. Except as if otherwise provides, the Agreement covers, without limitation, claims under Title VII of the Civil Rights Act of 1964, 42 U.S.O 1981, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act. the Fail Labor Standards Act, the Pregnancy Discrimination Act, the Equal Pay Act, the Genetic Information Non-Discrimination Act. each as amended, and all other federal or state legal claims arising out of or relating to Employee's employment or the termination of employment.
Additionally, the Arbitrator, and not any federal, state, or local court or agency, will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement. However, the preceding sentence will not apply to the "Class Action Waiver" in Section 3 below.
2. EXCLUDED CLAIMS/DISPUTES. The Agreement does not apply to claims for worker's Compensation benefits, state disability insurance benefits and unemployment insurance benefits; however, this Agreement apples ta retaliation claims based upon seeking such benefits, such as claims for worker's compensation retaliation. This Agreement does not apply to claims for employee benefits under any benefit plan covered by the Employee Retirement Income Security Act of 1974 or funded by insurance. This Agreement shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118} section 8102 of the Department of Defense ("DoD"} Appropriations Act to Fiscal Year 2011 (Pub. L, 112-10, Division A}, and their implementing regulations, or any successor DoD appropriations act addressing the arbitrary of claims. The Agreement also does not apply to any Claim that an applicable federal statute expressly states cannot be arbitrated.
Regardless of any other items of this Agreement, clams may be brought before and remedies awarded by an administrative agency if applicable law permits such notwithstanding the existence of an agreement to arbitrate governed by the Federal Arbitration Act Such administrative filings include without limitation claims or charges brought before the Equal Employment Opportunity Commission, U.S. Department of Labor, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Agreement will prelude or excuse a party from bringing an administrative claim before any agency to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration.
3. CLASS ACTION WARMER. Employee and COMPANY agree to bring any dispute in arbitration on an Individual basis may and not as a class or collective action. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class of collective action and the arbitrator will have no authority to hear or preside over any such claim ("Class Action Waiver"). This Class Action Waiver will not be severable from this Agreement in any matter brought as a class or collective action. Regardless of anything else in this Agreement and/or the American Arbitration Association ("AAA"} rules or procedures, the Interpretation, applicability, enforceability or formation of the Class Acton Waiver may be determined by a court and not an arbitrator.
4. COVID-19, Contagious viruses, diseases or similar pandemics are a risk which all employees may encounter as part of being a healthcare employee. The COMPANY makes every effort to protect it's employees, through the supply and use of Personal Protection Equipment (PPE) and on-going education. The World Health Organization has determined that COVID-19 was a Global Pandemic and as so, the Employees should take every precaution to protect themselves. The COMPANY continues to work diligently to protect ts employees from exposure to any contagious viruses or health risks. The Employee has been continuously updated by the COMPANY and the media regarding the extremely contagious nature of COVID-19 and all Corona Viruses, which are mainly spread through person to person contact.
Federal, State and World Health Organizations have recommended social distancing when these outbreaks occur, and all employees of the COMPANY are responsible to follow these guidelines while at work as well as outside of work. The Employee knowingly assumes all the foregoing risks and accepts sole responsibility for any injury, illness or death to themselves, their family, co-employee or any person they encounter as a result of becoming infected or sick. These risks include, but are not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that I or my family may experience or incur in connection with my employment with the COMPANY. I hereby release, covenant not to sue, not participate in a class action, discharge, and hold harmless the COMPANY, its employees, agents and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release clause includes any Claims based on the actions, omissions, or negligence of the COMPANY, its employees, agents, and representatives, whether a COVID-19 infection or other illness occurs before, during, or after employment with the COMPANY. The COMPANY encourages each employee to communicate any issue or rick they perceive while on the job, so that we may limit any spread of illness to our employees and clients. I agree to report all risks I see or believe to exists to my supervisor immediately.
5. ARBITRATOR SELECTION. The parties will proceed to arbitration before a single arbitrator under the auspices of the AAA and then current AAA Employment Arbitration Rules (the AAA Rules may be found at www.adr.org or by searching for "AAA Employment Arbitration Rules" using such as www.Google.com or www.Bing.com), provided, however, that if there is a conflict between the AAA Rules and this Agreement, this Agreement will govern. Unless the parties mutually agree otherwise, the Arbitrator will be either an attorney experienced in employment law and licensed to practice law in the state in which the arbitration is convened, or a former judge from any jurisdiction. The AAA will give each party a list of eleven (11) arbitrators drawn from its panel of arbitrators. Ten days after AAA's transmission of the list of neutrals. AAA will convene a telephone conference and the parties will strike names alternately from the list of common names until one remains. The party who strikes first will be determined by a coin toss. That person will be designated as the Arbitrator. If for any reason, the individual selected cannot serve, AAA will issue another list of eleven arbitrators and repeat the alternate striking selection process. If for any reason the AAA will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted to appoint a neutral Arbitrator.
6. INITIATING ARBITRATION. A partly who wishes to arbitrate a claim covered by this Agreement must make a written Request for Arbitration and deliver it to the other party by hand or mail no later than expiration of the statute of limitations that applicable law prescribes for the claim. The Request for Arbitration shall identify the claims asserted, the factual basis for the claim(s). and the relief and/or remedy sought. The Arbitrator will resolve all disputes regarding the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if the claims(s) had been brought in court.
7. RULES/STANDARDS GOVERNING PROCEEDING. The Arbitrator may award any remedy to which a party is entitle under applicable law, but remedies will be limited to those that would be available to a party in their individual capacity for the claims presented to the Arbitrator, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The parties have the right to conduct adequate civil discovery (including but not limited to an individual witness depositions, and requests for production) and present witnesses and evidence to present their cases and defenses and any dispute in this regard will be decided by Arbitrator. Each party will also have the right to subpoena witnesses and documents, including documents relevant to the case from third parties. At least thirty (30) days before the final hearing, the parties must exchange a list of witnesses, excerpts of depositions to be introduced, and copies of all exhibits to be used. The location of the arbitration proceeding will be in the county where the Employee last worked for COMPANY unless each party agrees otherwise. The Arbitrator has the authority to hear and rule on pre-hearing disputes. The Arbitrator will have the authority to hear and decide a motion to dismiss and/or a motion for a summary judgment by any party, consistent with Rule 12 or Rule 56 of the Federal Rules of Civil Procedure. The Arbitrator will issue a written decision or award, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction will have the authority to enter judgment upon the Arbitrator's decision/award.
8. PAYMENT OF FEES. The COMPANY will pay the Arbitrator's and arbitration fees and costs, except for the filing fee as required by the organization through which the arbitration is conducted. If Employee is financially unable to pay a filing fee, Employee will be relieved of the obligation to pay the filing fee, Disputes regarding the appointment of fees will be decided by the Arbitrator, each party will pay for its own costs and attorney's fees, if any, but any party prevails on a claim which affords the prevailing party attorney's fees, the Arbitrator may award reasonable fees to the prevailing party as provided by law.
9. ENTIRE AGREEMENT/SEVERABILITY. This is the complete agreement relating to the resolution of disputes covered by this Agreement. Except as stated above regarding the Class Action Waiver, if any portion of this Agreement is deemed unenforceable, the unenforceable provision will be severed from the Agreement and the remainder of the Agreement will be enforceable. This Agreement will survive the termination of Employee's employment and the expiration of any benefit, and it will apply upon re-employment by the Company if Employee's employment is ended but later renewed. This Agreement will also continue to apply notwithstanding any change in Employee's duties, responsibilities, position, or title, or if Employee transfers to any affiliate of the COMPANY. This Agreement does not alter the "at-will" status of Employee's employment. Notwithstanding any contrary language in any COMPANY policy or employee handbook, this Agreement may not be modified or terminated absent a writing signed (electronically or otherwise) by both parties.
10. CONSIDERATION. The COMPANY and Employee agree that the mutual obligations by the COMPANY and Employee to arbitrate disputes provided adequate consideration for this Agreement.
11. AGREEMENT. EMPLOYEE ACKNOWLEDGES THAT EMPLOYEE HAS CAREFULLY READ AND AGREE TO THIS MUTUAL ARBITRATION AGREEMENT TO ARBITRATE BY SIGNING THIS AGREEMENT, THE COMPANY AND EMPLOYEE ARE GIVING UP THEIR RIGHTS TO A COURT OR JURY TRIAL END AGREEING TO ARBITRATE CLAIMS COVERED BY THIS AGREEMENT.