APPLICATION CERTIFICATION, AGREEMENT AND RELEASE
• I understand that every aspect of my employment with Clayton shall be on an “at will” basis, meaning that I or Clayton may terminate my employment at any time, or for any reason, with or without cause. I also understand that Clayton expressly reserves its inherent authority to manage and control the business enterprise and to exercise its sole discretion to determine all issues pertaining to my employment, including all matters pertaining to promotion, job assignment, and the size of the workforce, demotion, transfer and discipline. I further understand and agree that no one other than the President of Clayton Homes may modify or change the “at will” nature of my employment relationship. Any such modifications must be in writing and signed by the President of Clayton Homes and me to be effective.
• As part of Clayton Homes’ employment procedures, an applicant will be required to undergo a post-offer, pre-employment medical examination and/or alcohol and drug screening conducted by a physician or laboratory designated by Clayton Homes. As a condition of my employment, I understand that I am subject to drug testing based upon random sampling or reasonable suspicion determined in the sole discretion of Clayton Homes at any time during my employment.
Additionally, I hereby give my consent and authorization to Clayton Homes and any other persons or entity which they may employ to test me for drugs and alcohol, to drug test me including the taking and testing of my urine, blood and hair. I also agree to fully cooperate with Clayton Homes and any persons or entity which they may use in connection with testing me for drugs and alcohol. I understand and agree that a designated representative of Clayton Homes may, in the company’s sole discretion, accompany me to the laboratory for testing. I understand that my failure to give consent may result in Clayton Homes’ refusal to hire me, or if hired, may subject me to disciplinary action, up to and including termination.
• I also understand that all new employees are under a three-month introductory status and that I must satisfactorily complete this term before I am considered a “regular” employee. Any significant absence will automatically extend the introductory period by the length of the absence. If Clayton Homes determines that the designated period does not allow sufficient time to thoroughly evaluate the employee’s performance, the introductory period may be extended for a specific period.
• I hereby agree that all documents, records, files, manuals, forms, materials, supplies, programs, trade secrets and other information which will come into my possession from time to time during employment and/or affiliation with Clayton Homes shall be deemed to be confidential and proprietary information concerning Clayton Homes derived from such items is also exclusive property of the company. I further acknowledge that all such confidential and proprietary information concerning Clayton Homes derived from such items is also confidential and proprietary. With the prior written approval of a duly authorized representative of Clayton Homes, I agree to keep confidential and not cause to be disclosed, directly or indirectly, or otherwise make use of my said confidential or proprietary information or trade secrets or reveal the same to any third party, except as required by law.
• It is my understanding that my employment at Clayton Homes is dependent upon obtaining positive references from my previous employers and also upon obtaining a positive report from the security background check that is required. A negative reference or report may or may not prevent me from working at Clayton Homes. However, the reference or report will be evaluated as to its effect upon my employment.
• Employment Dispute Resolution Agreement: I acknowledge that Company team members and those who apply to become Company team members are required to sign an Employment Dispute Resolution Agreement. The terms of that Employment Dispute Resolution Agreement shall apply to me and shall control in the event it conflicts with any other agreement.