Only two references in the 'We Listen' booklet indicate that the ServiceMaster waiver includes disputes with TruGreen. A footnote on page four indicates that the ServiceMaster dispute resolution 'includes all ServiceMaster business units, including. Employee Handbook 2.7.1 An employee shall be terminated without notice or salary in lieu of notice in any of the following events :- If an employee has in the opinion of the Company been found to be guilty of dishonesty, misconduct or negligence in the performance of his duties. ' Also, the cover of the booklet lists all of the ServiceMaster 'family of brands' and includes both Terminix and TruGreen. EMPLOYEE HANDBOOK INTRODUCTION Nature of Employment Each employee of Intertek USA or Intertek USA’s Affiliated, parent or subsidiary companies, is an employee-at-will, which means that an employee may resign at any time and Intertek may terminate an employee at any time with or without cause. The 'We Listen' booklet is a reference document provided to ServiceMaster employees and 'intended as a summary of the major features of the 'We Listen' program.' Defendants argue that by signing the two 'We Listen' acknowledgment forms and receiving the informational booklet, 'plaintiff agreed to arbitrate all disputes relating to his employment with any ServiceMaster company, including TruGreen.' We disagree. Defendants have failed to demonstrate that plaintiff has executed an enforceable waiver of his right to a jury trial on a statutory discrimination claim arising from his employment with TruGreen.
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