Claims Not Covered By this Agreement. Claims for workers’ compensation, unemployment insurance, and claims for injunctive relief are not covered by this Agreement. Nothing in this Agreement is intended to prevent Executive from filing an administrative claim with the Equal Employment Opportunity Commission. Moreover, Executive, Parent or the Bank may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and/or enforce and arbitration award.
Claims Not Covered By this Agreement. Claims for workers’ compensation, unemployment insurance, claims for injunctive relief, and claims under California Private Attorneys General Act of 2004, as amended, are not covered by this Agreement. Nothing in this Agreement is intended to prevent Employee from filing an administrative claim with the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. Moreover, both Employee and the Company may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and/or enforce and arbitration award.
Claims Not Covered By this Agreement. The following claims shall not be covered by this Agreement:
Claims Not Covered By this Agreement. The only disputes and/or claims between Employee and Employer which shall not be covered by this Agreement are:
Claims Not Covered By this Agreement. This Agreement does not apply to the following claims: Claims for worker’s compensation or unemployment compensation benefits; Claims or charges before any administrative agency having jurisdiction of the Claim, if private dispute resolution procedures cannot be compelled as to such Claim; or Claims for benefits under a benefit plan which has a claim procedure inconsistent with this Agreement.
Claims Not Covered By this Agreement. This Agreement does not cover: (i) claims for workers’ compensation or unemployment insurance benefits; (ii) claims based on equity plans, employee pension plans, or welfare benefit plans if and only if those plans contain a complete dispute resolution process; (iii) claims for sexual harassment or abuse, or claims of discrimination that are based on the same facts and circumstances or otherwise related to excluded sexual harassment or abuse claims, if any applicable federal, state, or local law prohibits mandatory arbitration of those claims; and (iv) claims that by federal law are not subject to mandatory binding pre-dispute arbitration. Further, this Agreement does not prohibit the filing of an administrative charge with a federal, state, or local administrative agency such as the National Labor Relations Board or the Equal Employment Opportunity Commission.
Claims Not Covered By this Agreement. This Agreement to Arbitrate does not apply to or cover claims for workers' compensation benefits or compensation, except for claims of retaliation; claims for unemployment compensation benefits; claims by the Company for injunctive and/or other equitable relief for unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information; claims based upon an employee pension or benefit plan the terms of which contain an arbitration or other non-judicial dispute resolution procedure, in which case the provisions of such plan shall apply; criminal charges; or matters involving the National Labor Relations Act. Arbitration Procedures Any arbitration required by this Agreement shall be conducted in accordance with the procedures specified in the attached document entitled "Arbitration Procedure," which is incorporated herein by reference. By his/her signature below, the Employee acknowledges having received and read these procedures prior to signing this Agreement. The Employee may obtain a copy of the Arbitration Procedures at any time by contacting the Company’s Law Department in writing at Post Office Box 2612, Birmingham, Alabama 35202.
Claims Not Covered By this Agreement. Claims not covered by this Agreement are: (i) claims for workers’ compensation benefits [However, this does not include claims for workers compensation retaliation]; (ii) claims for unemployment compensation benefits; (iii) claims based upon the Company’s current (successor or future) stock option plans, employee pension and/or welfare benefit plans if those plans contain some form of a grievance or other express procedure for the resolution of disputes under the plan; (iv) claims filed with a federal, state, or local administrative agency (e.g., the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), etc.); (v) claims covered by a written employment contract signed by both parties which expressly provides for resolution of disputes in accordance with that contract’s terms; (vi) claims by law which are not subject to mandatory binding pre-dispute arbitration pursuant to the Federal Arbitration Act, such as claims under the Xxxx-Xxxxx Xxxx Street Reform Act; (vii) claims that are not causes of action in court, e.g., disputes over performance reviews, disciplinary actions, compensation and other employment actions which when standing alone do not constitute a violation of any applicable law; and (viii) any claims arising under a restrictive covenant agreement (including but not limited to, non-solicitation, non-competition, confidentiality, etc.) between the Company and you as such restrictive covenant agreements will be adjudicated in a court of competent jurisdiction in accordance with its terms. Further, this Agreement does not prohibit the filing of an administrative charge with a federal, state, or local administrative agency such as the EEOC, NLRB or the Department of Labor (DOL). Similarly, this Agreement shall not have any effect on any third parties non-signatories to this Agreement, including governmental agencies such as the EEOC, the DOL and the NLRB which by operation of law may file lawsuits in their own name notwithstanding this Agreement to arbitrate.
Claims Not Covered By this Agreement. This Agreement does not (1) prohibit the filing or pursuit of relief through a court action by me or the Company for any provisional remedy, including a temporary restraining order or preliminary injunction when available by law, before the filing of or during arbitration, (2) cover claims which, under applicable law (after application of Federal Arbitration Act preemption principles), are not subject to or are excluded from arbitration, or (3) restrict my right to file, and recover through, administrative claims with any government agency, or (4) cover claims now pending in litigation in any forum, or (5) apply to a representative claim under California’s Private Attorneys General Act or other state law authorizing me to bring a representative action for civil penalties on behalf of the state (“private attorney general claim”). A private attorney general claim must be litigated in a court of competent jurisdiction and not in arbitration.
Claims Not Covered By this Agreement. This Agreement does not apply to claims for benefits under the workers’ compensation, unemployment insurance, state disability insurance laws, or any other claims which are excluded by law from mandatory arbitration. Additionally, and to the extent consistent with applicable state law, claims by Employer or by Employee for temporary restraining orders, preliminary injunctions or other provisional remedies may be brought in any court having proper jurisdiction, pending arbitration. In such cases, all remaining issues in the case will be decided by the arbitrator, who will have the same ability to order legal or equitable remedies as could a court of general jurisdiction. Further, nothing in this Agreement shall prevent the Employee from filing a complaint against the Employer (and individuals who may be charged) with any federal or state Agency charged with protecting the statutory rights of employees.
