citibank employee handbook 2022

Item 9.01. 1995)). Pending before the Court is Defendant Citibank, N.A. (See Doc. Pursuant to Section13 or 15(d) of the Securities Exchange Act of 1934, Date of Report (Date of earliest event reported) December 2, 2016, (Exact name of registrant as specified in its charter), (Registrant's telephone number, including area code). Your service with Citi in prior locations, including but not limited to Hong Kong, will be recognized for certain U.S. benefit plan purposes, including but not limited to retirement plan vesting and vacation eligibility. 8-1, p. 1). Thus, this Court finds that a mandatory notice statement was not needed in the arbitration agreement at issue here. Steak Houses, Inc., 239 F.3d 943, 946 (8th Cir. 2019) (quoting Berkley v. Dillard's, Inc., 450 F.3d 775, 777 (8th Cir. United States District Court, Western District of Missouri.

Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 1010, 1014 (D. Conn. 1996)). Appendix A of the Employee Handbook reads: On May 4, 2021, Mr. Shultz filed a charge of discrimination with the Missouri Commission on Human Rights (MCHR). carries the burden to prove a valid and enforceable agreement. Shockley, 929 F.3d at 1017 (citing Jackson v. Higher Educ. The parties have formed a valid agreement to arbitrate. Mo. 19, pp. Servs. 13, pp. Please note that you will be subject to actual taxes (i.e., U.S. Federal, New York State, New York City, U.S. FICA and/or Hong Kong tax, if applicable) on your deferred compensation. Id. Moreover, it simply makes no sense for the court to ignore the agreement simply because defendant[] failed to authenticate the agreement. Id. ' Shockley v. PrimeLending, 929 F.3d 1012, 1017 (8th Cir. Third, an agreement must have an exchange of consideration: a promise to do something or refrain from doing something, or the transfer of something of value to the other party. Id. Citibank claims that it entered into a valid arbitration agreement because: (1) Citibank offered to arbitrate all employment-related disputes between Mr. Shultz and Citibank; (2) Mr. Shultz accepted by signing the Employee Handbook Receipt Forms and Online Employee Handbook Acknowledgment Forms; and (3) both parties agreed to arbitrate any employment-related disputes, which is valid consideration. This case arises out of an employment-related dispute, where Mr. Shultz claims that he faced age discrimination, disability discrimination, and retaliation under the Missouri Human Rights Act (MHRA) during his employment with Citibank. 7-8).

2006)). Willie J. Epps, Jr. United States Magistrate Judge. Effective January 1, 2017, your expatriate assignment under the Citi Expatriate Program will end and you will become a local employee in the U.S., your current assignment country. 1-2, p. 3). Loan Auth. TAX EQUALIZATION BALANCES/TAX RETURN FILINGS. (Doc. Vending, Co., Inc., 102 S.W.3d 37, 41 (Mo.Ct.App. Your Assignment Letter under Citis Expatriate Program will also terminate effective December 31, 2016. 13, pp. Competent and admissible evidence establishes a valid agreement to arbitrate. Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. ' Duncan, 20 F.4th at 402 (8th Cir. 1998)). Absent in this case is a genuine dispute about the authenticity of the arbitration agreement. 1-2, pp. 3, 12). A. (Doc. 2019) (quoting Jackson, 497 S.W.3d at 289). Second, by signing the agreement, Mr. Shultz accepted the offer to arbitrate in a positive and unambiguous manner, which neither party contests. Various courts of appeals have uniformly held that in evaluating evidence in support of a motion to compel arbitration, federal courts apply a standard similar to that applicable to motions for summary judgment. Umbenhower v. Copart, Inc., No.

Missouri law requires (1) an offer, (2) acceptance, and (3) consideration to form a valid and enforceable contract. Shockley, 929 F.3d at 1017 (citing Baker v. Bristol Care, Inc., 450 S.W.3d 770, 774 (Mo. (Doc. practices. While Citibank's modification provision is less explicit than the provision in Colton, the modification provision still appears to restrict modifications to future disputes, as it specifies that modifications will apply prospectively only. (Doc. Yet, in Colton, the court held that the arbitration agreement was not illusory because the modification provision not only had an advance written notice requirement, but also specified that modifications applied prospective[ly] only, and [did] not apply to any accrued or pending claims or disputes that [had] been initiated by either party. 2016 WL 3248578, at *3-4. The terms and conditions of U.S. employment are further set out in the U.S. Citi Employee Handbook. These anticipated changes were previously described on page 78 of Citis 2016 Proxy Statement. . 28, 2022). (Doc. Second, [a]n acceptance is present when the offeree signifies assent to the terms of the offer in a positive an unambiguous' manner. Shockley, 929 F.3d at 1017 (quoting Katz v. Anheuser-Busch, Inc., 347 S.W.3d 533, 545 (Mo.Ct.App.

at *6.

The arbitration policy states that it applies to employment-related disputes. Mr. Shultz contends that Citibank's failure to comply with the MUAA, which requires arbitration agreements to contain a mandatory notice statement, renders the contract unenforceable. 2:16-CV-04002-NKL, 2016 WL 3248578, at *3 (W.D. Title 17 of the Code of Federal Regulations. 3). The above summary of the material provisions of the Agreement is qualified in its entirety by reference to the full Agreement, which is attached hereto as Exhibit 10.1. Unlike in Jackson, where the Court held that the employer's use of the terms policy' and acknowledgment' was a linguistic smokescreen' that prevented the employee's awareness of the objective intent of the Employer (the offeror) to enter into an agreement, ' the acknowledgment form here clearly refers to the arbitration policy as a binding agreement. 2001) (citing Barker v. Golf U.S.A., Inc., 154 F.3d 788, 791 (8th Cir. I understand the policy and benefit changes resulting from the termination of my Assignment Letter and my localization and I am in agreement with these changes. (Doc. USA Inc., 581 S.W.3d 723, 730 (Mo.Ct.App.

He will become eligible to participate in broad-based U.S. employee benefit plans in accordance with the general terms of such plans. Expatriate Localization to U.S. The modification provision in the Employee Handbook reads, amendments [to the policy] may be made by publishing them in the Handbook or by separate release to employees and shall be effective 30 calendar days after such amendments are provided to employees and will apply prospectively only. (Doc.

Accordingly, Citibank's Motion to Compel Arbitration and Stay Proceedings (Doc. Effective January 1, 2017, you will become an employee of Citibank, N.A. Bank, No. I hereby resign from, and terminate my employment contract dated January 1, 2009 with, Citibank N.A., Hong Kong branch effective December 31, 2016. (Doc. You will have an option to elect coverage under one of the other generally available options under the U.S. medical plans within 31 days after your transfer onto the U.S. domestic payroll. 8-1, p. 6). Under the generally applicable tax equalization provisions of Citis Expatriate Program, (a) the portion of any award granted under the Discretionary Incentive and Retention Award Plan for performance in 2016 that is delivered in cash in February 2017 will be subject to such generally applicable tax equalization provisions, and (b) you may have a trailing tax obligation several months or even years after the tax year or tax event in question. (Doc. Mo. . 2-11). Juan Manuel Cerda - US SHRO for Global Consumer Bank, Connie Yeung - Hong Kong Mobility Coordinator. Your last day of employment as a Hong Kong employee is December 31, 2016 and your first day as a U.S. local employee is January 1, 2017.

Compensatory Arrangement of Certain Officers. May 24, 2005); Albert Mellon IV v. Citicorp Credit Servs., Inc., 04-6078-CV-SJ-SOW (W.D. His annual rate of salary ($500,000) will not change and he will continue to be eligible for discretionary annual incentive awards on the same terms and conditions applicable to other executive officers of Citigroup Inc. Court:United States District Court, Western District of Missouri. (Docs. Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425), Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12), Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)), Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)). 2016)). 1-3). Miller v. Securitas Sec. You will be eligible for other broad-based U.S. employee benefits in accordance with the terms of the benefit plans. Upon becoming a U.S. employee, you will become eligible for local U.S. benefits, including the U.S. Retirement Savings Plan. When an employer has unilateral power to modify a contract, but is limited to prospective modifications made with reasonable notice, this power does not render illusory any mutual promises to arbitrate. Colton, 2016 WL 3248578 at *3 (citing Baker, 450 S.W.3d at 777). B. The changes that will be effective upon your localization are as follows: In accordance with the generally applicable terms of the Citi Expatriate Program, you will receive relocation benefits upon localization and must be utilized before June 30th, 2017. AT&T Techs., Inc. v. Comm'ns Workers of America, 475 U.S. 643, 650 (1986) (quoting United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83 (1960)). Please review, execute and return a copy of this memorandum to my attention. [T]he party seeking to compel arbitration . 1996) (citing Greenwood v. Sherfield, 895 S.W.2d 169, 17273 (Mo.Ct.App.

's (Citibank) Motion to Compel Arbitration and Stay Proceedings (Motion), and suggestions in support thereof. TRANSITION FROM EXPATRIATE STAFF TO LOCAL STAFF IN THE U.S. You will formally resign from Citibank, N.A. Further, unlike Jackson, the acknowledgment form here does not include any language indicating that the arbitration policy would apply even if Mr. Shultz did not sign the form. Please refer to the Conclusion of Expatriate Assignment section of the Expatriate Handbook. 8-3, p. 6); see Berkley, 450 F.3d at 777. ' Id. Thus, this Court finds that the Online Employee Handbook Acknowledgment Form was a valid offer.

1997)). 56. Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: Item 5.02(e). See Carlisle v. CitiMortgage, Inc., No. 1612, 1621 (2018)).

[U]nless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute, arbitration is mandated. This memorandum describes the changes in your employment status that will occur upon your localization under the general terms of the Citi Expatriate Program.