Is this as crazy as I think it is?
I sent my resume and a cover letter to a small firm in the area and was told that interviews are only granted if the following form is signed, among other things. So, I open this thing up and find the following language. Anyone seen "The Firm"...creepy stuff here/ no booze? physical exam? honesty and personality tests? random future tests? credit check? personal investigation into friends and family?
APPLICANT’S STATEMENT & AGREEMENT
In the event of my employment to a position in this Company, I will comply with all
rules and regulations of this Company. This Company has a drug-free and alcohol-free
policy. I understand that the Company reserves the right to require me to submit to a
test for the presence of alcohol or drugs in my system prior to employment and at any
time during my employment. I also understand that any offer of employment may be
contingent upon the passing of a physical examination. I consent to the disclosure of
the results of any physical examination and related tests to the Company. I also
understand that I may be required to take other tests, such as but not limited to
personality and honesty tests, prior to employment and during my employment. I
understand that 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 bonding may be a condition of hire. If it is, I will be
so advised before or after hiring and a bond application will have to be completed.
I understand that the company may investigate my credit, driving and criminal records
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 the Company may contact my previous employers
and I authorize those employers to disclose to the Company 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 the Company, 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 herein as personal references to provide the Company with any pertinent
information they may have regarding myself.
I also acknowledge that the Company promotes a voluntary 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 the
Company and myself, I voluntarily agree that any claim, dispute, and/or controversy
(including, but not limited to, any claims of discrimination and harassment, whether
they be based on state or federal laws or regulations) which would otherwise require
or allow resort to any court or other government dispute resolution forum between
myself and the Company (or its owners, directors, officers, managers, employees,
agents, and parties affiliated with its employee benefit and health plans) arising
from, related to, or having any relationship or connection whatsoever with my seeking
employment with, employment by, or other association with the Company, whether based
on 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 the
Worker Compensation Act and Employment Security Department claims) shall be submitted
to and determined exclusively by binding arbitration under the Washington Arbitration
Act, in conformity with the procedures of the American Arbitration Association’s
current commercial arbitration rules. However in addition to requirements imposed by
law, any arbitrator herein shall be a retired Washington Superior Court Judge and
shall be subject to disqualification on the same grounds as would apply to a judge of
such court. To the extent applicable in civil actions in Washington courts, the
following shall apply and be observed: all rules of pleading (including the right of
motion to dismiss), all rules of evidence, all rights to resolution of the dispute by
means of motions for summary judgment and judgment on the pleadings. Resolution of the
dispute 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. 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
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communications during or in connection with the arbitration proceedings shall be
treated as privileged communications. As may be reasonably required to allow full use
and benefit of this agreement’s provisions, the arbitrator may extend any times set by
law for the giving of notices and setting of hearings. Awards shall include the
arbitrator’s written opinion and, at either party’s written request within 10 days
after issuance of the award, shall be subject to affirmation, reversal, or
modification, following review of the record and arguments of the parties by a second
arbitrator who shall, as far as practicable, proceed according to the law and
procedures applicable to appellate review by the Washington Court of Appeals of a
civil judgment following court trial. Should any term or provision, or portion hereof,
be declared void or unenforceable, it shall be severed and the remainder of this
agreement shall be enforceable. I UNDERSTAND BY VOLUNTARILY AGREEING TO THIS BINDING
ARBITRATION PROVISION, BOTH I AND THE COMPANY GIVE UP OUR RIGHTS TO TRIAL BY JURY.
I further understand that this voluntary alternative dispute resolution program covers
claims of discrimination or harassment under Title VII of the Civil Rights Act of
1964, as amended. By marking the box to the right, I elect to give up the benefits of
litigating Title VII claims. [ ]
I hereby state that all of the information that I provided on this application or any
other documents filled out in connection with my employment, and in any interview is
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
is later found to be false or incomplete in any respect, I may be dismissed.
If hired, I agree as follows: My employment and compensation is terminable at-will, is
for no definite period, and my employment and compensation may be terminated by the
Company (employer) at any time and for any reason whatsoever, with or without good
cause at the option of either the Company or myself. No implied, oral, or written
agreements contrary to the express language of this agreement are valid unless they
are in writing and signed by the President of the Company (or majority owner or owners
if Company is not a corporation.) No supervisor or representative of the Company,
other than the President of the Company (or majority owner or owners if Company is not
a corporation), has any authority to make any agreements contrary to the foregoing.
This agreement is the entire agreement between the Company and the employee regarding
the rights of the Company or employee to terminate employment with or without good
cause, and this agreement takes the place of all prior and contemporaneous agreements,
representations, and understandings of the employee and the Company.
If you have any questions regarding this statement, please ask a Company
representative before signing. I hereby acknowledge that I have read the above
statements, that they are true and correct and that I understand the same.
Signed under penalty of perjury under the laws of the State of Washington, at
___________________, Washington.
DO NOT SIGN UNTIL YOU HAVE READ THE ABOVE STATEMENT & AGREEMENT
SIGNATURE OF APPLICANT
DATE
