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If an employment dispute arises
while you are employed at MCC, you agree to submit any such dispute arising out
of your employment or the termination of your employment (including, but not
limited to, claims of unlawful termination based on race, gender, age national
origin, disability, breach of contract or any other bias prohibited by law)
exclusively to binding arbitration under the federal Arbitration Act, 9 U.S.C.,
Section 1. Similarly, any disputes arising during your employment involving
claims of unlawful discrimination or harassment under federal or state statutes
shall be submitted exclusively to binding arbitration under the above
provisions. This arbitration shall be the exclusive means of resolving any
dispute arising out of your employment or termination from employment by MCC or
you, and no other action can be brought by employees in any court or any forum.
By simply accepting or continuing employment with MCC, you
automatically agree that arbitration is the exclusive remedy for all disputes
arising out of or related to your employment with MCC and you agree to waive all
rights to a civil court action regarding your employment and the termination of
your employment with MCC; only the arbitrator, and not a judge nor a jury, will
decide the dispute.
If you choose to dispute your termination or any other alleged
incident during your employment, including but not limited to unlawful
discrimination or harassment, you must deliver a written request for arbitration
to MCC within one (1) year from the date of termination, or one (1) year from
the date on which the alleged incident(s) or conduct occurred, and respond
within fourteen (14) calendar days to each communication regarding the selection
of an arbitrator and the scheduling of a hearing. If MCC does not receive a
written request for arbitration from you within one (1) year, or if you do not
respond to any communication from MCC about the arbitration proceedings within
fourteen (14) calendar days, you will have waived any right to raise any claims
arising out of the termination of your employment with MCC, or involving claims
of unlawful discrimination or harassment, in arbitration and in any court or
other forum.
You and MCC shall each bear respective costs for legal
representation at any such arbitration. The cost of the arbitrator and court
reporter, if any, shall be shared equally by both parties, or as determined by
the arbitrator. |