EMPLOYEE HANDBOOK

SUMMARY/QUESTIONS

It is not possible to anticipate every situation that may arise in the workplace or to provide information that answers every possible question. Questions may arise from time-to-time involving an Employee’s job, working conditions, or the University’s benefits and policies. The University believes that such questions should be answered as soon as practical. Each Employee is urged to discuss such matters at once with the proper person in the University. This will usually be the Supervisor.

It is essential to point out that the Handbook contains proprietary information and policies that are of a sensitive and confidential nature. It is, therefore, intended that the Handbook is not distributed to any individuals outside of the University.

By working together, the University hopes that it will share with its Employees a sincere pride in the workplace, and the products and services that the University and all Employees provide together.

EMPLOYEE ACKNOWLEDGMENT
AND AGREEMENT

By signing below, this acknowledges that I have received a copy of American University of Health Sciences (“University”) Employee Handbook dated June 2022, and I agree to the following.

  1. I understand and agree that it is my responsibility to read and familiarize myself with the policies and procedures contained in the Employee Handbook. I also understand my violation of any of these policies and procedures may result in disciplinary action, up to and including separation.
  2. I acknowledge that nothing in the Employee Handbook creates or is intended to create a promise or representation of continued employment and that my employment, position, and compensation at the University are At-Will. This means that I am not guaranteed employment for any specific period, and both I and the University have the right to terminate my employment at any time, with or without cause or prior notice. I further acknowledge that nothing in this agreement shall affect or change my employment-at-will status. My status as an At-Will Employee may not be changed except in writing, and such a writing must be signed by an authorized representative of the University and me. By signing below, I certify that I understand that employment At-Will is the sole and entire agreement between the University and me concerning the duration of my employment and the circumstances under which my employment may be separated. The University Employee Handbook supersedes all prior agreements, understandings, and representations (whether written or verbal) concerning the duration of my employment with the University and/or the circumstances under which my employment may be separated.
  3. I and the University agree to utilize binding individual arbitration to resolve all disputes that might arise out of or be related in any way to my employment by the University. Such disputes include, but are not limited to, claims I might bring against the University for wrongful termination, discrimination, harassment, retaliation, breach of contract, wage and hour violations, and torts such as invasion of privacy, assault and battery, or defamation. Such disputes also include claims that the University might bring against me such as, for example, theft of money or trade secrets, breach of a confidentiality agreement, or breach of a contract. I and the University each specifically waive our respective rights to bring such claims against the other in a court of law and to have a trial by jury.
  4. The only exceptions to binding arbitration shall be for claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, claims for medical and disability benefits under the California Workers’ Compensation Act, claims for benefits brought before the Employment Development Department, claims for wages brought before the California Labor Commissioner, or other claims that are not subject to arbitration under law. Moreover, nothing herein shall prevent me from filing a charge or complaint with the United States Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any local agency that allows me to file an administrative charge or complaint. Once the agency’s proceedings are completed, however, if I wish to pursue the matter further, I understand that I must do so under this agreement.
  5. My agreement to arbitrate claims against the University includes claims I might bring against the University’s parent, subsidiary, affiliated or client entities as well as against owners, directors, officers, managers, employees, agents, contractors, attorneys, benefit plan administrators, and insurers of the University or of its parent, subsidiary, affiliated or client entities. I also agree to arbitrate claims against any person or entity I allege to be a joint employer with the University.
  6. I and the University agree that any claims we might pursue against the other in arbitration under this agreement shall be brought in the individual capacity of myself or the University. This agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or to permit such claims to proceed as a class or collective action. No arbitrator shall have the authority under this agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. I agree to waive any substantive or procedural rights that I may have to bring or participate in an action brought on a class or collective basis. If under applicable law a representative claim under the California Private Attorneys General Act (“PAGA”) is found to be unwaivable and such an action is pursued in court, I and the University agree that any such PAGA claim will be severed and stayed pending resolution of claims that are arbitrable.
  7. If I wish to bring a claim to arbitration under this agreement, I understand that I must provide a written statement of my claim to the University’s President/CEO at 1600 East Hill Street, Signal Hill, CA 90755. I understand that I have the right to be represented by an attorney in the arbitration of any claim under this agreement, but it is not required that I have an attorney. I further understand that I must present any claim in arbitration before the statute of limitations expires for that type of claim.
  8. At the beginning of any arbitration process under this agreement, I and the University will need to select an arbitrator by mutual agreement. Such an arbitrator shall be a retired California Superior Court Judge, or another qualified and impartial person that I and the University decide upon. In the event we cannot agree on the selection of an arbitrator, I and the University will select an alternative dispute resolution provider and request from that provider a list of an odd number of potential arbitrators. From that list we will alternatively strike arbitrators, with the University going first, until one arbitrator is left. That arbitrator shall be the arbitrator who will hear our case. If I and the University cannot agree on an alternative dispute resolution provider, an arbitrator will be appointed according to law.
  9. Any arbitration proceeding under this agreement shall proceed under and be governed by the Federal Arbitration Act (“FAA”) because both I and the University are engaged in interstate commerce. To the extent they are not contrary to the FAA, the procedures of the California Arbitration Act (“Act”) shall also apply. The Act is found at California Code of Civil Procedure section 1280 and following sections, including section 1283.05, and all of the Act’s other mandatory and permissive rights to discovery shall also apply. In any arbitration proceeding under this agreement, all California rules of pleading (including the right of demurrer), all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings, and judgment
    under Code of Civil Procedure Section 631.8 shall apply and be observed, unless I and the University agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with California Civil Code Section 47(b). The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.
  10. The University will pay the arbitrator’s fees and other costs relating to the arbitration forum but I and the University will be responsible for our own costs and for our attorneys’ fees should we choose to be represented by counsel, unless the arbitrator shifts one party’s costs and attorneys’ fees to the other party inaccordance with applicable law.
  11. If any term or provision or any portion of this agreement is deemed invalid or unenforceable, it shall be severed and the remainder of this agreement shall be enforceable. Under no circumstances shall this agreement be construed to allow arbitration on a class, collective, or other similar basis, however.
  12. I acknowledge that my employment at the University is at-will. This means that I am not guaranteed employment for any specific period, and both I and the University have the right to terminate my employment at any time, with or without cause or prior notice. I further acknowledge that nothing in this agreement shall affect or change my employment-at-will status.
  13. I confirm that I have had time to read this agreement and an opportunity to ask the University’s representative any questions I had about the agreement prior to signing this agreement.

 

MY SIGNATURE BELOW CONFIRMS THE FACT THAT I HAVE READ, UNDERSTAND, AND AGREE
TO BE LEGALLY BOUND TO ALL OF THE ABOVE TERMS. I FURTHER UNDERSTAND THAT THIS
AGREEMENT REQUIRES THE UNIVERSITY AND ME TO ARBITRATE ANY AND ALL DISPUTES THAT ARISE
OUT OF MY EMPLOYMENT, AND THAT I AND THE UNIVERSITY ARE GIVING UP OUR RIGHTS TO A TRIAL
BY JURY.

DO NOT SIGN UNTIL YOU HAVE READ THE ABOVE ACKNOWLEDGMENT AND AGREEMENT.

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