Disputes and Arbitration

Should any dispute between Employee and Employer arise at any time out of any aspect of the employment relationship, including, but not limited to, the hiring, performance or termination of employment and/or cessation of employment with the Employer and/or against any employee, officer, alleged agent, director, affiliate, subsidiary or sister company relationship, or relating to an application or candidacy for employment, Employee and Employer will work in good faith to resolve promptly such dispute.

In the event that Employer and Employee are unable to resolve their dispute, and should either desire to pursue a claim against the other party, both Employer and Employee agree to have the dispute resolved by final and binding Arbitration.

The Employee and Employer agree that the Arbitration shall be held in the county and state where Employee currently works for Employer or most recently worked for Employer. If the employee is remote, then the arbitration shall occur in the state of Maryland.

The Arbitration shall be conducted by a neutral Arbitrator from the American Arbitration Association ("AAA"), in a manner consistent with its national rules for the resolution of employment disputes.

Both parties agree that the arbitrator will have the power to decide any motions brought by either party to the arbitration, including motions for summary judgement and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. Both parties also agree that the Arbitrator has the power to award any remedies, including attorney's fees and costs, available under applicable law.

Both parties agree that the initiator of the arbitration is required to pay the initial filing fees associated with the arbitration.

In all cases, the costs of this Arbitration will be paid by the party that loses in the Arbitration. In the case of a neutral resolution by the Arbitrator, the costs of the arbitration will be paid equally the by the defendant and the plaintiff.

Both parties agree that the Arbitrator shall administer and conduct the arbitration in a manner consistent with the AAA's national rules for resolution of employment disputes. When there is conflict, the AAA rules take precedence.

Both parties agree that the decision of the Arbitrator will be binding.

All previously unasserted claims arising under federal, state or local statutory or common law and all disputes relating to the validity of this contract, as well this Arbitration provision, shall be decided by final and binding Arbitration. Any award of the Arbitrator(s), is final and binding, and may be entered as a judgment in any court of competent jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain in effect.

In cases where a claim is filed with any State board (such as a wage claim by the Employee), the findings of this board shall be considered Arbitration and will be binding.

Last updated