An Equal Opportunity Employer. We do not discriminate on the basis of race, color, sexual orientation, religion, national origin, sex, age, or disability. It is our intention to use qualified applicants as equal opportunity in the selection process.
Each question should be fully and accurately answered. No action can be taken on this application until all questions have been answered. Use blank paper if you do not have enough room on this application. PLEASE PRINT, except for signature on back of application. In reading and answering the following questions, be aware that none of the questions are intended to imply illegal preferences or discrimination based upon non- job-related information.
List names of employers in consecutive order with present or last employer listed first. Account for all periods of time including military service and any periods of unemployment. If self-employed, give firm name and supply business references.
THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT, SECTION15-48- 10 ET SEQ., Code OF LAWS OF SOUTH CAROLINA, 1976 (AS AMENDED)
Agreement to Arbitrate
This Mutual Agreement to Arbitrate Claims ("Agreement") is entered into between __________________________ ("Applicant") and _____________________________ (“Company”) on ________________ day of ____________________ , 20________.
A. Binding Arbitration of Disagreements and Claims
Applicant and Company mutually promise, agree, and consent to resolve any claim covered by this Agreement through binding arbitration, rather than through court litigation. Applicant and Company further agree that such binding arbitration pursuant to this Agreement shall be the sole and exclusive remedy for resolving any claims or disputes covered by this Agreement.
B. Claims Covered By This Agreement
The claims covered by this Agreement include any and all claims, disputes or controversies arising out of or relating to Applicant's employment with the Company and/or the termination of Applicant's employment. Some, but not all, of the types of claims covered by this Agreement include: claims for unpaid wages, commissions, or other compensation, including bonuses or overtime; claims for unreimbursed expenses; claims for discrimination or harassment on the basis of race, sex, age, national origin, religion, disability or any other unlawful basis; claims for breach of express or implied contract; claims for unlawful retaliation; claims for wrongful discharge on any basis; claims for defamation or invasion of privacy; employment-related tort claims; claims arising under the Fair Labor Standards Act or the Family and Medical Leave Act; and claims arising under the Applicant Retirement Income Security Act.
For all covered claims, Applicant and the Company expressly waive any right to a trial by jury. No covered claims may be asserted as part of a multi-plaintiff, class or collective action. Moreover, no covered claims may proceed to arbitration on a multi- plaintiff, class or collective basis. Rather, each allegedly aggrieved applicant must proceed to arbitration separately and individually, and the Applicant's arbitration proceeding shall encompass only the covered claims asserted by such individual Applicant.
This Agreement does not limit or restrict Applicant's opportunity to seek relief from state or federal agencies such as the National Labor Relations Board or the Equal Employment Opportunity Commission.
C. Claims Not Covered By This Agreement
The only claims between Applicant and the Company not covered by this Agreement are:
(a) Any claim by Applicant for workers' compensation or other related benefit plans, including unemployment compensation benefits; and
(b) Any claim by either party for injunctive or declaratory relief arising from alleged interference with business, unfair competition, unfair business practices, breach of the duty of loyalty, unauthorized disclosure of trade secrets or confidential information, or the breach of covenants between the parties.
D. Arbitration Rules and Procedure
1. South Carolina Uniform Arbitration Act
The arbitration will be conducted in accordance with then-current South Carolina Uniform Arbitration Act (South Carolina Code of Laws Title 15, Chapter 48, et seq.). The Uniform Arbitration Act is available on The South Carolina Legislature’s website (www.scstatehouse.gov). The Arbitrator shall have the authority to consider and rule on dispositive motions such as motions to dismiss or motions for summary judgment in accordance with the standards and burdens for such motions established by the applicable Charleston County Circuit Court where the arbitration proceeding is pending. The Arbitrator may establish appropriate procedures for such motions consistent with the expedited and informal nature of arbitration proceedings.
The Company and the Applicant have the right to retain an attorney to represent them in connection with the arbitration, but they are not required to do so.
3. Fees and Costs
Each party will pay for the fees and expenses of its own attorneys, experts, witnesses, and preparation and presentation of
evidence and any pre or post-hearing briefs. If a party prevails on a claim for which attorneys' fees or costs are recoverable by statute or contract, the arbitrator shall have discretion to order the nonprevailing party to pay the reasonable fees and costs of the prevailing party. In accordance with SC Code §15-48-110 the arbitrator expenses and fees shall be paid as provided as provided in the award.
The parties shall be permitted to engage in written discovery including interrogatories, request for production of documents and requests for admissions. In accordance with §15-48-80, on application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
5. Enforcement of Award
This Agreement shall be governed by the South Carolina Uniform Arbitration Act, and any action to compel arbitration or to enforce or vacate the arbitrator's award shall also be governed by the South Carolina Uniform Arbitration Act.
6. Relief Available
The arbitrator shall have the authority to award the same relief to the Applicant or to the Company as if the dispute had proceeded in litigation rather than arbitration.
E. Miscellaneous Provisions
For purposes of the scope of the obligation to arbitrate disputes, the term "Company" shall include all related entities, all officers, directors, agents, owners, shareholders, partners, benefit plans, benefit plan sponsors, fiduciaries, administrators, applicants (current or former) or affiliates of any of the above; and all successors and assigns of any of the above.
2. Dismissal of court action
If either party pursues a covered claim against the other in a court proceeding, the filing party agrees that the responding party shall be entitled to a dismissal, stay and/or injunctive relief regarding such action, and recovery of all costs and attorneys' fees related to such court action or proceeding.
3. Entire Agreement
This is the complete Agreement between the parties on the subject of arbitration of disputes of claims. This Agreement supersedes any prior or contemporaneous oral, written, or implied understanding on the subject, shall survive the termination of Applicant's employment, and can only be revoked or modified upon 30 days written notice from the Company of an intent to revoke or modify the Agreement. If any provision of this Agreement is adjudged to be void or otherwise unenforceable in whole or in part, such unenforceability shall not affect the validity of the remainder of the Agreement. This Agreement is not, and shall not be construed to create, any contract of employment, express or implied, nor does this Agreement in any way alter the "at-will" status of Applicant's employment and is in no way to be construed as a condition of employment.
4. Opportunity to review and consult
Applicant acknowledges that he/she has had the opportunity to review this Agreement with and obtain advice from a private attorney, has had sufficient time to, and in fact has carefully read and fully understands all the provisions of this Agreement, and is knowingly and voluntarily entering into this Agreement.
I certify that all information provided in this employment application is true and complete. I understand that any false information or omission may disqualify me from further consideration for employment and may result in my dismissal if discovered at a later date. I authorize and agree to cooperate in a thorough investigation of all statements made herein and other matters relating to my background and qualifications. I understand that any investigation conducted may include a request for employment and educational history, credit reports, consumer reports, investigative consumer reports, driving record and criminal history. I authorize any person, school, current and former employer, consumer reporting agency, and any other organization or agency to provide information relevant to such investigation and I hereby release all persons and corporations requesting or supplying information pursuant to such investigation from all liability and responsibility to me for doing so. I understand that I have the right to make a written request within a reasonable period of time for complete disclosure of the nature and scope of any investigation. This waiver does not permit the release or use of disability-related or medical information in a manner prohibited by the Americans with Disabilities Act (ADA) and or relevant federal and state laws. I understand that compliance with the Company’s Code of Conduct is a condition of my employment. I understand I may be required to successfully pass a drug-screening examination. I hereby consent to a pre-and/or post-employment drug screen as a condition of my employment, if required.
I UNDERSTAND THAT THIS APPLICATION OR SUBSEQUENT EMPLOYMENT DOES NOT CREATE A CONTRACT OF EMPLOYMENT NOR GUARANTEE EMPLOYMENT FOR ANY DEFINITE PERIOD OF TIME. IF EMPLOYED, I UNDERSTAND THAT I HAVE BEEN HIRED AT THE WILL OF THE EMPLOYER AND MY EMPLOYMENT MAY BE TERMINATED AT ANY TIME, WITH OR WITHOUT CAUSE AND WITH OR WITHOUT NOTICE.
I have read, understand, and by my initials consent to these statements
Thank you for your interest in joining the Charleston Hospitality Group and it's team of restaurants. This application for employment will remain active for a 30 days time and might be sent to additional restaurants within our groups for additional opportunities. Ask the organization representative for details.