Agreement To Arbitrate
This AGREEMENT TO ARBITRATE ("Agreement"), dated as of September 30, 2015 ("Effective Date"), is between ALORICA INC., a California corporation having an address at 5 Park Plaza, Suite 1100, Irvine, CA 92614, and its subsidiaries and affiliates, (collectively hereinafter the "Company"), and the undersigned Company employee ("You").
Preliminary Statement
The Company is in the business of, among other things, providing various outsourcing services, including inbound and outbound customer care, inbound and outbound sales, technical support, fulfillment and certain professional services that are related thereto (the "Services"). In the interest of gaining the benefits of a speedy and impartial dispute-resolution procedure for any disputes which may arise between us concerning Your employment by the Company, You and the Company desire to submit any such disputes to binding arbitration as described below.
NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows:
All disputes, claims, or controversies arising out of or relating to your employment by the Company, the termination of your employment by the Company, and any claims or disputes as to the scope and enforceability of this arbitration agreement, shall be resolved exclusively by final and binding arbitration, except that You or the Company may apply to a court of competent jurisdiction for any provisional remedy, including a temporary restraining order or preliminary injunction, before, during, or after any arbitration proceeding.
Arbitration pursuant to this Agreement shall be held within the Federal Judicial District in which You are or were last employed by the Company and shall be conducted pursuant to the JAMS Employment Arbitration Rules, copies of which may be obtained at
http://www.jamsadr.com, from your on-site Human Resources Department, or by request directed to the Office of General Counsel, Alorica Inc., 5 Park Plaza, Suite 1100, Irvine CA 92614. The Company agrees to bear all but the first $350 of the arbitration filing fee.
You and the Company expressly intend and agree that class action, collective action, and representative action procedures shall not be asserted, nor shall they apply, in any arbitration pursuant to this Agreement; that neither You nor the Company shall assert a class, collective, or representative claim against the other, in arbitration or otherwise; and that each of You and the Company shall submit only its own, individual claims to arbitration and will not seek to represent the interests of any other person.
You and the Company agree that any dispute or controversy arising out of or in any way related to your employment, or the termination of your employment, which cannot be resolved by use of the Company’s internal grievance procedures or by good faith negotiation between the parties, will be resolved by final and binding arbitration as provided herein. You and the Company voluntarily and irrevocably waive any and all rights to have any such dispute decided in court or by a jury.
You and the Company agree that the Company has valuable trade secrets and proprietary and confidential information. You and the Company agree that in the course of any arbitration proceeding pursuant to this Agreement, all necessary steps will be taken to protect from public disclosure such trade secrets and proprietary and confidential information.
Each of the parties hereto is entering into this Arbitration Agreement voluntarily, and without duress, pressure, or coercion, to gain the benefits of a speedy, impartial dispute-resolution procedure.
The provisions of this agreement to arbitrate are severable, and if any one or more are determined to be void or otherwise unenforceable, the remaining provisions shall continue to be in full force and effect.
This Agreement to Arbitrate constitutes the sole and entire agreement between you and the Company as to the manner in which covered disputes may be resolved, and may be modified or terminated only by consent of the parties.
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