APPLICANT’S CERTIFICATION AND AGREEMENT
with Murphy-Goode Winery1 (the “Company”)
I certify that the facts set forth in this Application for Employment are true and
complete to the best of my knowledge. I understand false statements on this Application
will result in immediate dismissal or removal of my Application from consideration.
I authorize the Company to investigate all statements contained in this Application
and to secure information about my experience with former employers, education institutions
and agencies, and for those parties to provide information concerning my experience,
releasing all parties from any liability arising therefrom.
I agree to these terms
I understand that employment at the Company is “at will,” which means
that either I or the Company can terminate the employment relationship at any time,
with or without prior notice, and for any reason not prohibited by law. All employment
is continued on that basis. I understand that no supervisor, manager or executive
of the Company, other than the President, has any authority to alter the foregoing
and then only in writing.
If I am employed by the Company, and my employment is terminated and I believe the
termination was wrongful and/or violated any of my rights, I and the Company agree
to submit any dispute arising out of the termination of my employment exclusively
to final and binding arbitration before a neutral arbitrator and not to any court.
I and the Company also agree that any claim by me of unlawful harassment or discrimination
allegedly occurring in the course of my employment with the Company which cannot
be resolved by the Company’s internal process and/or with the administrative
assistance of the California Department of Fair Employment and Housing (“DFEH”)
or the Equal Employment Opportunity Commission (“EEOC”) will be submitted
exclusively to final and binding arbitration and not to any other forum.
If I decide to dispute my termination, I agree to deliver a written request for
arbitration to the Company within the time limits which would apply to the filing
of a civil complaint in court. If the Company does not receive a written request
for arbitration from me within the time limits which would apply to the filing of
a civil complaint in court, I agree I will have waived any right to raise any claims
arising out of the termination of my employment at the Company in arbitration or
in any court or other forum.
If I and the Company are unable to agree upon a neutral arbitrator, the Company
will obtain a list of five (5) arbitrators from a state or federal arbitration service.
I (first) and then the Company will alternately strike names from the list until
only one name remains; the remaining person shall be the arbitrator. The arbitrator
shall be bound by the qualifications and disclosure provisions of the 1989 Model
Employment Arbitration Procedures of the American Arbitration Association and shall
order such discovery as is appropriate to nature of the claim. The arbitrators shall
have the authority to order any legal and equitable remedy, including costs and
attorney’s fees as appropriate, which would be available in a civil or administrative
action on the claim.
Arbitration proceedings shall be held in the city or town where my employment services
were performed, at the Company headquarters, or at any other location mutually agreed
upon by me and the Company.
I and the Company agree that if any court of competent jurisdiction declares that
any part of this arbitration agreement is illegal, invalid, or unenforceable, such
a declaration will not affect the legality, validity, or enforceability of the remaining
parts of this agreement and the illegal, invalid, or unenforceable part will no
longer be part of this agreement. The provisions of this arbitration agreement shall
survive the termination of my employment and any other agreement associated therewith
and shall remain in full force and effect thereafter.
The undersigned understands and agrees that my application constitutes a release
for my name and likeness — in written, videographic or photographic form —
to be viewed by the public on the “A Really Goode Job” web site. However,
nothing contained herein requires the applicant to include personally identifiable
information in their video submission.
THIS APPLICATION CONTAINS A WAIVER OF YOUR RIGHT TO A TRIAL BY COURT OR JURY
IN A DISPUTED TERMINATION AND/OR FOR CLAIMS OF UNLAWFUL HARASSMENT OR DISCRIMINATION
ALLEGEDLY OCCURRING DURING THE COURSE OF EMPLOYMENT.
1Murphy-Goode Winery is a brand of Jackson Family Wines, Inc. The “Company”
referred to in the Applicant’s Certification and Agreement Statement refers
collectively to Jackson Family Enterprises, and Jackson Family Wines, Inc.
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