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Arbitration Agreements In Employment Contracts
"I need an Arbitration Agreement in Employment Contracts for our California-based tech startup that specifically addresses remote workers across multiple states, with particular emphasis on protecting intellectual property and including class action waivers where permitted by state law."
1. Parties: Identification of employer and employee entering into the arbitration agreement
2. Background/Purpose: Context of the agreement and its integration with employment relationship
3. Definitions: Key terms used throughout the agreement including 'Arbitration', 'Claims', 'Dispute'
4. Scope of Agreement: Specific claims covered and excluded from arbitration
5. Arbitration Procedures: Process for initiating and conducting arbitration, including arbitrator selection
6. Costs and Fees: Allocation of arbitration costs between parties
7. Governing Law: Applicable law governing the agreement
8. Acknowledgment and Signatures: Formal acceptance of terms by both parties
1. Class Action Waiver: Optional provision to waive right to participate in class actions, subject to state law restrictions
2. Confidentiality Provisions: Optional requirements for maintaining confidentiality of arbitration proceedings when privacy is important
3. Discovery Procedures: Optional specific rules for information exchange during arbitration when parties want defined discovery limitations
4. Severability Clause: Optional provision ensuring partial invalidity doesn't void entire agreement when agreement contains multiple independent provisions
1. Schedule A - Arbitration Rules: Detailed procedures and rules governing the arbitration process
2. Schedule B - Claims Covered: Comprehensive list of claims subject to arbitration
3. Schedule C - Claims Excluded: List of claims specifically excluded from arbitration
4. Appendix 1 - Fee Schedule: Detailed breakdown of arbitration costs and fee allocation
Authors
Arbitration
Arbitrator
Claims
Covered Claims
Dispute
Effective Date
Excluded Claims
Party/Parties
Employer
Employee
Award
Confidential Information
Discovery
Employment Relationship
Governing Law
JAMS
AAA
Notice
Prevailing Party
Proceedings
Representative Action
Class Action
Collective Action
Rules
Term
Termination Date
Venue
Mutual Agreement to Arbitrate
Claims Covered
Claims Excluded
Arbitrator Selection
Arbitration Procedures
Costs and Fees
Class Action Waiver
Confidentiality
Discovery
Notice Requirements
Time Limitations
Choice of Law
Venue
Severability
Modification
Voluntary Agreement
Right to Counsel
Remedies
Acknowledgment
Survival
Integration
Counterparts
Waiver of Jury Trial
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