Applicant's Statement & Agreement (the "Agreement")
In the event of my employment to a position at ASI Companies, I will comply with all rules and regulations of ASI Companies. I understand that to the extent permitted by applicable law ASI reserves the right to require me to submit to a test for the presence of drugs and/or alcohol in my system prior to employment and at any time during my employment; and that any offer of employment may be contingent upon the passing of a physical examination and related tests to ASI Companies. I also understand that I may be required to take other tests such as personality tests or honest tests, prior to employment and during my employment. And should I decline to sign this consent or decline to take any of the above tests, my application for employment may be rejected or my employment may be terminated. I understand that for insurance purposes bonding may be a condition of hire. If it is, I will be so advised either before or after hiring and a bond application will have to be completed.
I understand that to the extent permitted by applicable law ASI Companies may investigate my driving record and my
criminal record and that an investigative consumer report may be prepared whereby information is obtained through
personal interviews with my neighbors, friends, personal references, and others with whom I am acquainted. This inquiry
includes information as to my character, general reputation, personal characteristics and mode of living. I understand
that I have the right to make a written inquiry, within a reasonable period of time, to receive additional detailed
information about the nature and scope of this investigation. I further understand that ASI Companies may contact my
previous employers and I authorize those employers to disclose to ASI Companies all records and information pertinent to
my employment with them. In addition to authorizing the release of any information regarding my employment, I hereby
fully waive any rights or claims I have or may have against my former employers, their agents, employees and
representatives, as well as other individuals who release information to ASI Companies, and release them from any and all
liability, claims, or damages that may directly or indirectly result from the use, disclosure, or release of any such
information by any person or party, whether such information is favorable or unfavorable to me. I authorize the persons
named by me as a personal references to provide ASI Companies with any pertinent information they may have regarding
myself.
I hereby state that all the information that I have provided on this application or any other documents filled out in
connection with my employment, and in any interview are true and correct. I have withheld nothing that would, if
disclosed, affect this application unfavorably. I understand that if I am employed and any such information deemed
material is later found to be false or incomplete in any respect, I may be terminated. I understand if selected for hire, it will be necessary for me to provide satisfactory evidence of my identity and legal authority to work in the United States, and that federal immigration laws require me to complete an I-9 Form.
If hired, I agree as follows: My employment and compensation are terminable as-will, is for no definite period, and may be terminated by ASI Companies at any time and for any reason whatsoever, with or without good cause at the option of either ASI Companies or myself. No implied, oral, or written agreements contrary to the express language of the Agreement are valid unless they are in writing and signed by the President of ASI Companies. No supervisor or representative of ASI Companies, other than the President of the company has the authority to make any agreements contrary to the foregoing. This Agreement is the entire agreement between ASI Companies and myself regarding the rights of ASI Companies or myself to terminate employment with or without good cause, and takes the place of all prior and contemporaneous agreements, representations, and understandings of myself and ASI Companies.
I also acknowledge that ASI Companies business and the nature of my employment in that business affect interstate
commerce and that ASI Companies utilizes a system of alternative dispute resolution which involves binding arbitration to resolve all disputes which may arise out of the employment context. Because of the mutual benefits (such as reduced
expense and increased efficiency) which private binding arbitration can provide both ASI Companies and myself, both ASI Companies and I agree that any claim, dispute, and/or controversy concerning any aspect of my employment (including but not limited to, any claims of discrimination and harassment, whether they be based on Title VII of the Civil Rights Act of 1964, as amended, the Equality Act, the Americans with Disabilities Act, the Age Discrimination in Employment, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Pregnancy Discrimination Act, the Equal Pay Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, as well as all other state or federal laws or regulations) that either I or ASI Companies (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) may have against each other which would otherwise require or allow resort to any court or other governmental dispute resolution forum arising from, related to, or having
any relationship or connection whatsoever with my seeking employment with, employment by, or other association with
ASI Companies, whether based in tort, contract, statutory, or equitable law, or otherwise, (with the sole exception of
claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, claims
for medical and disability benefits under Workers' Compensation, and Unemployment Compensation claims filed with the
state) will be settled by binding arbitration under the Federal Arbitration Act, 9 U.S.C. SS 1 et seq. ("FAA") by a single
arbitrator mutually agreed to by you and ASI Companies in an arbitration proceeding conducted in the city where you
reside in accordance with Employment Arbitration Rules existing as of the date of the arbitration of the American
Arbitration Association. The Arbitrator shall have the exclusive authority to resolve any disputes relating to the
enforceability of the Agreement, including but not limited to any claim that all or part of this Agreement is void or
voidable. Resolution of the dispute shall be by a reasoned award based solely on the facts and law and not invoke any
basis (including but not limited to notions of "just cause") other than such controlling law. Any judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof. If there is a conflict with any state
statute regarding arbitration, it shall be preempted by the FAA. A claim may be brought by you only as an individual and on an individual basis. No claim may be brought by you as a
class representative, nor may you participate as a member of a class of claimants with respect to any claim.
THE RESULTS OF THIS ARBITRATION PROVISION IS THAT NO CLAIMS MAY BE LITIGATED IN COURT, INCLUDING THOSE
CLAIMS THAT, BUT FOR THE ARBITRATION PROVISION, MIGHT HAVE BEEN TRIABLE BEFORE A JURY, AS CLASS ACTIONS,
AS PRIVATE ATTORNEY GENERAL ACTIONS, OR OTHERWISE. IN ADDITION, ANY CLAIMS MUST BE ARBITRATED
THROUGH AN INDIVIDUAL ARBITRATION ONLY AND MAY NOT BE PART OF A CLASS ACTION ARBITRATION. Nothing in the Agreement shall be construed so as to preclude me from filing an administrative charge with, or from
participating in any investigation of a charge conducted by governmental agency; howerver after I exhaust my claims
through the administrative process/investigation, I must pursue any such claims through this binding arbitration process.
The at-will employment and/or alternative dispute resolution process referred to above are inapplicable and superseded
only to the extent they conflict with any union or collective bargaining agreement for which I am covered.
If any provision of the agreement is construed or interpreted to be void, invalid, or unenforceable, such decision shall
affect only those provisions so construed or interpreted and shall not affect the remaining provisions of the Agreement. If you hav eany questions regarding the statement, please ask a company representative before signing.
I hereby acknowledge that I have read the above statements, understand them and agree to be bound
thereby. DO NOT SIGN UNTIL YOU HAVE READ THE ABOVE STATEMENT & AGREEMENT