1. MUTUAL WAIVER OF RIGHT TO TRIAL BY JURY
(PLEASE READ CAREFULLY)
It is fully expected that employment at The Goodyear Tire & Rubber Company (Goodyear)
will be mutually satisfying to both the associate and the Company. In some very limited situations,
however, employment disputes regarding legally protected rights may arise that require the
assistance of a third party to resolve. These types of disputes typically involve alleged violations of
federal, state, or local statutes or involve other legal claims that relate to the employment
relationship. Some examples include claims alleging discrimination, harassment, interference or
retaliation; claims alleging unpaid wages or compensation (such as unequal pay, overtime pay,
bonuses or commissions); or other types of claims relating to wrongful or illegal discharge, other
adverse employment action, or any injury relating to the terms or conditions of employment.
The litigation of a dispute before a jury can be expensive, time consuming, destructive of
otherwise amicable relationships, and distracting to everyone. With the intent of simplifying the
process and minimizing the expense and time involved, both Goodyear and the associate agree that
in the event they initiate or become parties to any litigation related to the associate’s employment,
the dispute will be decided by a judge, not a jury. (In California, all of the issues in such litigation
will be submitted to general judicial reference under California Code of Civil Procedure, § 638.)
By signing below, both Goodyear and the associate agree to waive any right either has to a jury in
any dispute or civil action arising from or relating to the employment relationship or termination
thereof.
If this waiver of the procedural avenue of a jury trial is found to be unenforceable in any
particular circumstance or jurisdiction, the parties agree to resolve any dispute arising from or
relating to the employment relationship or termination thereof, except as provided below, through
binding arbitration pursuant to the Federal Arbitration Act and under the applicable rules and
procedures of the American Arbitration Association, where an arbitrator, not a jury, will render a
decision. Claims for injunctive relief relating to unfair competition, trade secrets, confidential
information, or the Associate Confidentiality and Intellectual Property Agreement (ACIPA), the
Field ACIPA (FACIPA) or similar agreement may be brought directly in court and shall not be
subject to binding arbitration.
This Mutual Waiver was entered into voluntarily by both parties. The associate
acknowledges that this Waiver involves important legal rights, that he or she understands the rights
he or she is waiving, and that he or she has been given the chance to ask any questions and an
adequate time to consult with counsel to the extent that he or she desires to do so. Questions should
be directed to the Law Department at 330-796-1100.
IT IS AGREED:
The Goodyear Tire & Rubber Company__
The Goodyear Tire & Rubber Company
_________________________________
_________________________________
Signature of Associate
Printed Name
_________________________________
_________________________________
Date
Last Four Digits of Social Security Number
Forward original to Dept 832/Contract Records in Akron
v.1 20110913