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BSMH Offer Letter

Equilla Mora has received a job offer for the position of Medical Assistant I at Bon Secours Mercy Health, starting on February 3, 2020, with a pay rate of $15.60 per hour. The offer is contingent upon successful completion of pre-employment screening and includes a 90-day orientation period. Additionally, the document outlines a Mutual Arbitration Agreement, requiring disputes related to employment to be resolved through arbitration rather than in court.

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Equilla Jones
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0% found this document useful (0 votes)
50 views7 pages

BSMH Offer Letter

Equilla Mora has received a job offer for the position of Medical Assistant I at Bon Secours Mercy Health, starting on February 3, 2020, with a pay rate of $15.60 per hour. The offer is contingent upon successful completion of pre-employment screening and includes a 90-day orientation period. Additionally, the document outlines a Mutual Arbitration Agreement, requiring disputes related to employment to be resolved through arbitration rather than in court.

Uploaded by

Equilla Jones
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 7

DocuSign Envelope ID: 75DE63F5-ECE9-467B-9241-78E22B75ECBE

01/20/2020

Equilla Mora
5845 Staghorn Dr.
Toledo, Ohio 43614

Dear Equilla Mora:

On behalf of Bon Secours Mercy Health, we are pleased to extend you an offer for the position of Medical
Assistant I. In this position you will report directly to April Gregory, Mgr Practice I.

You are being offered employment with Bon Secours Mercy Health as an at-will employee. The details of our
offer of employment to you are set forth below. The terms of this offer do not form or constitute a contract of
employment, but describe your compensation and work schedule. All benefits described in this letter and the
attachments are subject to the terms of the benefit policies and plans maintained by Bon Secours Mercy Health,
which are modified from time-to-time. This letter does not include all of those terms. Please contact Human
Resources if you would like a copy of a benefit policy or plan.

• Start date: 02/03/2020


• Pay Rate: $15.60
• Schedule Status: Regular, Full time
• FLSA Status: Nonexempt
• Hours: 40

You will be eligible to receive an annual salary increase based on the accomplishment of both system and personal
objectives. Your start date must fall on or before September 30 to receive the increase the following year. If you
start on or after October 1, you will be eligible for merit starting in February following a full calendar year of
employment.

Our employment offer is contingent upon a satisfactory completion of our pre-employment screening. Please note,
the pre-employment screening must be conducted and results received prior to your first day of employment.

All new ​Bon Secours Mercy Health employees go through a 90-day orientation period, which is a time for both you
and Bon Secours Mercy Health to assess both your interest in working at Bon Secours Mercy Health, as well as
your job performance and work habits.

Upon acceptance of your offer, there are several benefit and on-boarding forms for you to complete and return as
soon as possible. An orientation will be scheduled for you during your first week of employment.

We look forward to you becoming part of Bon Secours Mercy Health and helping us deliver our mission to
improve the health of our communities.

Sincerely,

Rev 10/2017 page 1 of 7


DocuSign Envelope ID: 75DE63F5-ECE9-467B-9241-78E22B75ECBE

Janna Ruiz
Associate Recruiter

By signing below, I accept the offer presented by ​Bon Secours Mercy Health. Additionally, I have received the
attached Summary of Benefits.

Employee Signature: signHere1

1/22/2020
Date: dateSigned1

Your medical, dental and vision coverage, should you enroll, will be effective the first of the
month after your hire date. You will receive a detailed overview of benefits, along with
information on how to enroll at your New Employee Orientation. Each region’s benefit
overview may vary slightly; please click the link below to review a summary of your benefits.

BSMHealthBenefits.com User name: EmpGrp07 Password: Welcome1!

Please note, you will not have access to enroll until after your start date. You have 31 days
from your date of hire to enroll in a benefits program.

MUTUAL ARBITRATION AND CLASS/COLLECTIVE ACTION WAIVER AGREEMENT

Bon Secours Mercy Health, a Maryland nonprofit corporation, its affiliates, subsidiaries, successors, and assigns
(collectively, “Employer”), and the undersigned Employee Equilla Mora (“Employee”), hereby agree that this
Mutual Arbitration Agreement (“Agreement”) applies to the Employee in connection with his/her employment
with Employer. Employer and Employee shall also be referred to in this Agreement as the Party or Parties.

This Agreement is effective as of the date of execution indicated below.

The obligations set forth in this Agreement do not reduce Employee’s obligation to abide by all policies applicable
to Employee, including, without limitation, personnel policies as may be established or amended by Employer from
time to time, as contained in Employer’s policy manual or intranet site, or otherwise posted or distributed to
Employee. This Agreement does not in any way modify the at-will nature of Employee’s employment with
Employer. Employee agrees that his/her continued employment by Employer, compensation and benefits
associated with employment, and the Employer’s agreement to the terms of this Agreement, are full and sufficient
consideration to support the enforcement of each of the obligations in this Agreement.

Further, to the extent insurance-, benefit-, or retirement-related plans contain grievance and appeal processes, the
grievance and appeal processes in the applicable plan documents shall prevail over the process set forth in this

Rev 10/2017 page 2 of 7


DocuSign Envelope ID: 75DE63F5-ECE9-467B-9241-78E22B75ECBE

Agreement.

1. Arbitration of Employment Claims.

Employee and Employer agree to submit any dispute arising out of Employee’s employment or the termination of
Employee’s employment, including, but not limited to, (a) any claim of interference, discrimination, retaliation, or
harassment based upon any basis, including age, race, color, national origin, religion, sex, or disability arising
under any federal, state, or local statute, regulation, ordinance, order, or law, including, without limitation, Title
VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act; the Americans with Disabilities
Act; the Family and Medical Leave Act; the Fair Labor Standards Act; the Employee Retirement Income Security
Act; the Civil Rights Acts of 1866 and 1871 (42 U.S.C. §§ 1981, 1983, 1985, et. seq.); the Civil Rights Act of
1991; the Ohio Revised Code; the Code of Virginia; the Maryland Code; the Florida Statutes; the South Carolina
Code of Laws; the New York Consolidated Laws; and the Kentucky Revised Statutes; (b) any and all claims under
federal, state, or local law including, without limitation, any claim of (i) the existence or breach of an oral, implied,
or written contract of employment; (ii) the existence or breach of any other contracts or restrictive covenants
between the parties, including contracts or covenants restricting the Employee’s post-employment relationships or
activities or conduct; (iii) negligent or intentional misrepresentations; (iv) wrongful discharge; (v) interference with
contract; (vi) defamation; (vii) assault and battery; (viii) negligent or intentional infliction of emotional distress;
(ix) violation of public policy; (x) whistleblowing; (xi) promissory and/or equitable estoppel; (xii) retaliation,
including under Ohio Revised Code Chapter 4123.90 or any state law relating to workers' compensation, (xiii)
breach of good faith and fair dealing; and (xiv) any other federal, state, or local laws regarding rights or claims
relating to employment; and (c) any dispute concerning the construction, validity, interpretation, enforceability, or
breach of this Agreement, exclusively to binding arbitration under the Federal Arbitration Act, 9 U.S.C. § 1
(collectively, “Covered Claims”).

Employee agrees that arbitration is the exclusive remedy for all disputes arising out of or related to Employee’s
employment with Employer and Employee agrees to waive all rights to a civil court action regarding Employee’s
employment and the termination of Employee’s employment with Employer. Likewise, Employer agrees that
arbitration is the exclusive remedy for all disputes arising out of or related to Employee’s employment with
Employer and Employer agrees to waive all rights to a civil court action regarding Employee’s employment and
the termination of Employee’s employment with Employer.

The Parties agree that only an arbitrator, and not a judge nor a jury, will decide any such dispute. The Parties
acknowledge and agree that this Agreement to arbitrate includes each Party’s unequivocal and irrevocable waiver
of any right either Party may have to a trial by jury for any Covered Claim.

This Agreement does not preclude Employee’s filing of a charge or participation in the processes of the Equal
Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), or other federal
or state agency. This Agreement does, however, preclude any recovery by Employee through the EEOC, NLRB,
or other federal or state agency for claims subject to this Agreement. This Agreement does not apply to workers’
compensation claims or to any other claims that cannot by law be waived by private agreement, and it does not
apply to requests for temporary or preliminary injunctive relief from a court of law where such relief is warranted
to preserve the status quo.

2. Class or Collective Action Waiver.

Rev 10/2017 page 3 of 7


DocuSign Envelope ID: 75DE63F5-ECE9-467B-9241-78E22B75ECBE

The foregoing waiver in paragraph 1 of this Agreement applies to any class or collective action, claim, or dispute in
which Employee may participate as a member or as a representative. The sole and exclusive basis for resolving
any employment-related disputes is on an individual basis by the Employee through the arbitration process
identified in this Agreement. Employee agrees that Covered Claims will be arbitrated only on an individual basis,
and that both Employee and Employer waive the right to participate in or to receive money or any other relief from
any class, collective, or similar representative proceedings.

No Party may bring a claim on behalf of other individuals, and any arbitrator hearing a Covered Claim may not: (i)
combine more than one individual’s claim or claims into a single case; (ii) participate in or facilitate notification of
others of potential claims; or (iii) arbitrate any form of a class, collective, or similar representative proceeding. By
signing this Agreement, the Parties waive any substantive or procedural rights they may have to bring or participate
in an action on a class, collective, representative, or other similar basis against each other.

Notwithstanding the foregoing, if there is more than one Covered Claim between Employee individually and
Employer, then all such Covered Claims shall be heard in a single proceeding.

3. Enforceability.

This Agreement shall be specifically enforceable at law. Either Party may apply to a court of competent jurisdiction
for interim or conservatory relief, or to enforce or vacate an award, including without limitation, a proceeding to
compel arbitration.

For purposes of this Agreement, the court of competent jurisdiction shall be the United States District Court for the
Southern District of Ohio, Western Division, and its appellate court, the United States Court of Appeals for the
Sixth Circuit.

4. Applicable Rules.

Except as otherwise modified by this Agreement, the arbitration process, including the selection of the arbitrator,
shall be governed by the American Arbitration Association’s (AAA’s) then-applicable Employment Arbitration
Rules and Mediation Procedure. A copy of the current version of the applicable rules is attached to this Agreement
or will be made available via web address. In the event of a conflict between this Agreement and the AAA’s
Employment Rules and Mediation Procedure, this Agreement shall prevail.

5. Initiation of a Covered Claim/Statute of Limitations.

Notwithstanding any applicable statute of limitations and to the extent permitted by law, a demand for arbitration
of a Covered Claim must be initiated within one hundred eighty (180) days of the event giving rise to the Covered
Claim. Parties acknowledge and understand that the statute of limitations for Covered Claims may be longer than
one hundred eighty (180) days, but agree to be bound by the 180-day period of limitations set forth in this
Agreement and each Party waives any statute of limitations to the contrary.

In any event, no demand for arbitration may be made after the date when the institution of legal or equitable

Rev 10/2017 page 4 of 7


DocuSign Envelope ID: 75DE63F5-ECE9-467B-9241-78E22B75ECBE

proceedings based on such claim or dispute would be barred by the applicable statute of limitation.

6. Discovery.

Each Party shall be limited to three (3) depositions each not to exceed six (6) hours each, unless otherwise ordered
by the arbitrator. Further, each Party shall be permitted to request the production of documents, subject to
objections, and each Party may submit to the other Party up to twenty (20) interrogatories, inclusive of all sub-parts
of the interrogatories, and twenty (20) requests for admission, inclusive of all sub-parts of the requests for
admission.

7. Location of Hearing.

The arbitration hearing shall occur in the municipality of the Employer’s physical site where Employee primarily
works or worked.

8. Court Reporter/Stenographer.

All depositions shall be taken under oath and transcribed by a court reporter either by stenograph or video or both.
For purposes of depositions, the Party taking the deposition shall be responsible for the cost of the court reporter.
Each Party shall, however, be responsible for the cost of a transcript of the proceeding ordered by the Party.

9. Pre-Hearing Disclosures.

The Parties shall exchange a copy of all exhibits anticipated to be used in the arbitration hearing and shall identify
each witness who will testify at the arbitration on the Party’s behalf at least fifteen (15) days before the date of the
arbitration hearing. Failure to disclose a witness or produce an exhibit shall preclude the testimony or admission of
the exhibit, respectively, at the arbitration hearing.

10. Confidentiality.

Employee and Employer agree that the terms and conditions of this Agreement, arbitration proceedings, and the
arbitrator’s award shall be considered and treated by the Parties, and their representatives, as strictly confidential,
except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for
disclosure in confidence to the Parties’ respective attorneys, tax advisors and senior management and to family
members of a Party who is an individual.

11. Applicable Law.

This Agreement shall be governed by the laws of the State of Ohio, without regard to conflict of law principles.
Further, the arbitration hearing shall be governed by the laws of the State of Ohio, without regard to conflict of law
principles.

Rev 10/2017 page 5 of 7


DocuSign Envelope ID: 75DE63F5-ECE9-467B-9241-78E22B75ECBE

12. Arbitrator’s Authority.

The arbitrator’s decision shall be final and binding. The arbitrator shall issue a written reasoned decision including
findings of fact and conclusions of law. The arbitrator shall have the authority to award relief in accordance with
applicable statutes or law.

13. Arbitration Fees.

The Employer shall pay any associated fee to AAA for the initiation of the arbitration process, and shall be
responsible for the arbitrator’s fee for presiding over the arbitration process set forth in this Agreement. Employer
and Employee shall each bear their respective costs for legal representation.

14. Severability.

If any phrase, clause, term, item or provision of this Agreement is declared invalid or unenforceable by a court,
administrative agency, or arbitrator of competent jurisdiction, such phrase, clause, term, item or provision shall be
deemed severed from this Agreement, as applicable, but will not affect any other provisions of this Agreement
which shall otherwise remain in full force and effect.

15. Modification.

The Parties agree that Employer may modify the terms of the Agreement upon sixty (60) days’ written notice to the
Employee of the specific changes. Such changes will be prospective, and will not apply to claims arising prior to
the date of modification.

16. Headings.

Headings are included in this Agreement solely for the convenience of reference and shall not control the meaning
or interpretation of any of the provisions of this Agreement.

17. Acknowledgements.

Employee acknowledges and agrees that he/she has read and understands this Mutual Arbitration Agreement; that
Employee has had the opportunity to review this Mutual Arbitration Agreement with counsel of Employee’s
choosing; that as a result of this Mutual Arbitration Agreement, the mandatory arbitration process set forth herein
and in the applicable rules shall be the sole and exclusive forum for resolving all disputes arising out of or
involving Employee’s employment with Employer or the termination of that employment.

EMPLOYEE

Rev 10/2017 page 6 of 7


DocuSign Envelope ID: 75DE63F5-ECE9-467B-9241-78E22B75ECBE

Employee Signature: signHere1


Equilla Mora
Printed Name: fullName1

1/22/2020
Date: dateSigned1

Rev 10/2017 page 7 of 7

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