RESOLVE EMPLOYEE ISSUE RESOLUTION PROGRAM · RESOLVE EMPLOYEE ISSUE RESOLUTION PROGRAM RESOLVE...

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1 RESOLVE EMPLOYEE ISSUE RESOLUTION PROGRAM RESOLVE PROGRAM HANDBOOK FOR U.S. EMPLOYEES OF GENWORTH FINANCIAL, INC. AND ITS AFFILIATES, INCLUDING GENWORTH NORTH AMERICA CORPORATION AND GENWORTH MORTGAGE INSURANCE COMPANY Effective January 1, 2010 This Handbook is a general description and overview of the Resolve procedures. However, the procedures are described in more detail in the Resolve Guidelines, available from the Genworth Resolve Administrator. The information in this Handbook is incorporated within the Guidelines.

Transcript of RESOLVE EMPLOYEE ISSUE RESOLUTION PROGRAM · RESOLVE EMPLOYEE ISSUE RESOLUTION PROGRAM RESOLVE...

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RESOLVEEMPLOYEE ISSUE RESOLUTION PROGRAM

R E S O L V E P R O G R A M H A N D B O O K F O R U . S . E M P L O Y E E S O F G E N W O R T H F I N A N C I A L , I N C . A N D I T S A F F I L I A T E S , I N C L U D I N G G E N W O R T H N O R T H A M E R I C A C O R P O R A T I O N A N D G E N W O R T H M O R T G A G E I N S U R A N C E C O M P A N Y

Effective January 1, 2010

This Handbook is a general description and overview of the Resolve procedures. However, the procedures are described in more detail in the Resolve Guidelines, available from the Genworth Resolve Administrator. The information in this Handbook is incorporated within the Guidelines.

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TABLE OF CONTENTS

Understanding the Resolve Guidelines………………………………………………………………………….. 3BackgroundInformal Problem SolvingRoles in Informal Problem SolvingThe Resolve Model

How the Resolve Model Works………………………………………………………………………...……………5

Level One — Immediate Manager……………………………………………………………….………………….5Roles at Level OneSubmitting a ConcernThe MeetingThe Result

Level Two — Higher-Level Manager………………………………………………………………………………..7Roles at Level TwoSubmitting a ConcernThe MeetingThe Result

Level Three — Mediation…………………………………………………………………………………….….……9Roles at Level ThreeRequesting MediationTime LimitsThe MeetingThe ResultCosts and Fees

Level Four — Arbitration.……………………………………………………………………….………….……….11Roles at Level FourRequesting ArbitrationThe MeetingThe ResultCosts and Fees

Employees Covered by Resolve…………………………………………………………………………….…….13

Benefits of Resolve………………………………………………………………………………….…….…………13

Where to Go for More Information……………………………………………………………………..………….13

Answers to Common Questions About Resolve.…………………………………………………..…………..14

Glossary of Terms…………………………………………………………………………………….……………..16

Addendum………………………………………………………………………………………………….………….19

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UNDERSTANDING THE RESOLVE GUIDELINES

B A C K G R O U N D

Companies across the United States have found that when problems go unresolved they negatively impact day-to-day operations and can result in lawsuits, which are time-consuming and costly for both employees and companies. In recent years, employees have looked to courts to settle certain unresolved work-related conflicts. However, employees involved in lawsuits are often disappointed in the result. It takes years to bring a case to trial. Careers are disrupted, the process generates stress and worry, and once the case is resolved, employees often find a large part of any recovery they receive goes to their lawyer. The results are no better for the companies involved. In addition to the cost of litigation, businesses expend tremendous financial and human resources to solve problems that usually involve only a few employees. These are resources that could be used for future investment in the company’s business. To address these issues, Genworth, like many other companies, has adopted an alternative dispute resolution program that focuses on settling conflicts internally and, where necessary, utilizes the assistance of external dispute resolution experts. Genworth and the other companies that have adopted dispute resolution programs have found that they are very effective in resolving workplace disputes quickly, privately and with less cost to employees and companies.

The Resolve dispute resolution program is applicable to all employees of Genworth Financial, Inc. and its affiliates. This Handbook provides an overview of the process an employee should use to assert a claim against the Company.

Dispute resolution programs are very effective in resolving workplace disputes quickly, privately and with less cost to employees and companies.

I N F O R M A L P R O B L E M S O L V I N G

Almost everyone has encountered a problem or concern at work. In the large majority of cases, the concern can be quickly cleared up by talking with a manager or the co-worker(s) who are directly involved. Working out problems when they are small and with those who are directly involved usually prevents the misunderstandings that occur when communication breaks down. However, if a concern is not addressed early, it can grow out of proportion, and a small concern can become a major problem.

The Company offers several resources to help employees solve work-related problems or issues. Employees are encouraged to discuss any workplace concern directly with their manager and involve others in the management chain, their human resources representative or ombudsperson, as necessary. These informal resources focus on helping employees solve problems quickly and successfully and on preventing a small problem from developing into a major issue.

Informal problem solving may be used at any time and for any type of work-related concern. Usually, employees can resolve their concerns by engaging in a one-on-one discussion with their manager.

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However, in the event that an employee is not able to address his or her concern using informal methods, Resolve provides a four-level procedure for quickly settling disputes that arise from an individual’s employment. Therefore, Resolve is a supplement to current informal channels of addressing concerns and not a substitute for them.

T Y P I C A L R O L E S I N I N F O RM A L P R O B L E M S O L V I N G

Manager Human Resources Representative

Other Higher-Level Managers Ombudsperson

Listens to anemployee’s concern,initiates an investigation of the concern andprovides theemployee with aresponse.

Listens to anemployee’s concern,ensures investigationis prompt andcomplete andfacilitates resolution.

Available to helpresolve a concern ifit cannot be resolveddirectly between theemployee andmanager/humanresourcesrepresentative.

Acts as anindependentresource forreporting integrityconcerns andassisting withintegrity-relatedquestions.

Resolve supplements current informal channels of addressing concerns, however, it is not a substitute for them.

T H E R E S O L V E M O D E L

For concerns that are not resolved through informal problem solving, Resolve offers a more structured process with up to four levels, beginning with internal review, leading to and culminating in a final and binding external review. When the situation involves certain legally protected rights known as covered claims and is not settled at Levels One or Two, Resolve provides for mediation (Level Three) and, if necessary, arbitration (Level Four) through the nonprofit professional organization, the American Arbitration Association or another mutually agreed upon professional Alternative Dispute Resolution (“ADR”) organization.

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HOW THE RESOLVE MODEL WORKS

LEVEL ONE — IMMEDIATE MANAGER

Occasionally, a concern cannot be settled through informal means. In an effort to resolve the concern, an employee may choose to submit it to Resolve and have the concern formally addressed. To begin the process, the employee submits his or her concern in writing to the Resolve Administrator with copies to his or her manager and/or a human resources representative. In some cases, by mutual agreement, Level One may be waived.

R O L E S A T L E V E L O N E

Employee Manager Human Resources Representative Resolve Administrator

Completes Resolve Level One Submission Form, explainingconcern anddescribing what he orshe believes shouldbe done to addressconcern. Participatesin dialogue in effortto reach resolution.

Reviews form,meets to listen toemployee’s concern,investigates it andprovides employeewith a writtenresponse.

Listens to employee’sconcern, ensuresinvestigation isprompt and completeand facilitatesresolution.

Handles the logisticsof Resolve and logsthe concern as partof the Resolveprocedure.

S U B M I T T I N G A C O N C E R N

The employee submits the concern on a Resolve Level One Submission Form, which may be obtained from the Resolve Administrator, the Resolve link on the Genworth home page or a human resources representative. The employee provides a detailed explanation of his or her concern(s), individuals involved and what he or she believes is necessary to resolve the concern(s).

T H E M E E T I N G

Within 30 calendar days (if the last day of a time limitation is a weekend or holiday, the deadline extends to the next business day) of the Resolve Administrator’s receipt of the employee’s Resolve Level One Submission Form, the employee’s immediate manager and human resources representative (or their designees) will have scheduled a meeting with the employee to formally discuss and seek a solution to the concern. During this meeting, the concern is discussed, information is exchanged and attempts are made to settle the concern to the satisfaction of both the employee and his or her manager.

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T H E R E S U L T

Within 15 business days of the Level One meeting, the manager provides the employee with a written response to his or her concern.

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LEVEL TWO — HIGHER-LEVEL MANAGEMENT

If the concern is not settled to the employee’s satisfaction at Level One, the employee may choose to meet with a higher-level functional manager and Human Resources representative to discuss the problem.

R O L E S A T L E V E L T W O

Employee Higher-Level Manager

Human Resources Representative

Management Representative

Completes Resolve Level Two Submission Form, explainingconcern and what heor she believes shouldbe done to address it.Explains why he orshe disagrees withthe Company’s LevelOne response.Participates indialogue in effort toreach resolution.

Reviews form, meets with Employee and listens toemployee’s concern,initiates an investigation of the concern, orrevisits the previousinvestigation andprovides employeewith a writtenresponse.

Listens to employee’sconcern, revisitsinvestigation andfacilitates resolution.

May be involved,depending on thenature of the concern.

S U B M I T T I N G A C O N C E R N

In order to proceed to Level Two of Resolve, the employee again submits his or her concern on a Resolve Level Two Submission Form to the Resolve Administrator within 15 business days of receiving the manager’s written response at Level One. The request should provide any additional information regarding his or her concern(s) including information that conflicts with the manager’s stated reason for not settling the employee’s concern at Level One.

T H E M E E T I N G

Within 30 calendar days (if the last day of a time limitation is a weekend or holiday, the deadline extends to the next business day) of the Resolve Administrator’s receipt of the written concern, the Resolve Administrator will have scheduled a meeting with the employee, the higher-level functional manager and the human resources manager (or their designees) to formally discuss and seek a solution to the problem. At the Level Two meeting, the employee, the higher-level functional manager and human resources representative discuss the concern, exchange information and actively attempt to settle the concern to the satisfaction of both the employee and the Company.

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T H E R E S U L T

Within 15 business days of the Level Two meeting, the higher-level manager will provide the employee with a written response to the concern.

If the concern remains unresolved and it is a covered claim, the employee may proceed to mediation. For excluded claims involving concerns not covered by law or certain other types of claims, the Resolve procedure ends at Level Two.

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LEVEL THREE — MEDIATION

Mediation is one of the most straightforward and effective ways of settling disputes. In mediation, the employee and the Company engage a neutral third party, called a mediator, in an effort to help them reach a mutually acceptable agreement concerning the employee’s covered claim, based on their respective needs and interests. Both the employee and the Company share their perspectives with the mediator, who promotes discussion between the parties. . Mediation allows the employee and the Company to tell their side of the story. It promotes creative discussions and offers the opportunity to create win/win solutions.

The mediator may offer suggestions for resolution of the dispute, but the mediator will not make any decisions regarding the merits of the case and cannot force either party to accept his or her suggested resolution.

Mediation is one of the most straightforward and effective ways of settling disputes.

R O L E S A T L E V E L T H R E E

Employee* Management* Resolve Administrator Mediator

Completes Resolve Level Three Submission Form, explainingconcern and why heor she disagrees withCompany’s previousresponses.Participates indialogue to reachresolution.

Reviews form andprevious results.Meets to listen toemployee’s claim.Represents Companyduring mediation andparticipates indialogue to reachresolution. Provideswritten response.

Handles logisticsassociated with selection of the ADR organization, the mediator, and themediation.

Facilitates themeeting to help bothparties reachagreement. He or sheis a neutral thirdparty, provided by theAmerican ArbitrationAssociation or othermutually agreed uponprofessional ADRorganization.

* May choose to be represented by legal counsel at mediation.

R E Q U E S T I N G M E D I A T I O N

The employee may request mediation if the concern involves certain legally protected rights known as covered claims. Examples include claims of employment discrimination or harassment based on age, race, sex, and religion, national origin or other characteristics protected by law. (For a complete listing of covered claims, refer to the glossary in this Handbook or the Resolve Guidelines).

To request mediation, the employee must submit his or her covered claim on the Resolve Level Three Submission Form to the Resolve Administrator within 30 calendar days of receiving the Company’s written response at Level Two. The employee and the Company are both involved in the selection of a mediator.

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T I M E L I M I T S

In order for a concern to proceed to Level Three of the process, the concern must be a covered claim and must be submitted to Level One before the statute of limitations (the legally determined time limit) for that claim has expired. If the claim is one of employment discrimination, it must have been submitted to Level One before the deadline for filing a charge of discrimination with an administrative agency (i.e., the EEOC or a similar state or local fair employment practice agency) has expired.

Employees shall be solely responsible for determining the correct statutes of limitations and/or administrative agency filing deadlines and for filing claims in a timely manner. An employee may pursue claims through all four levels of Resolve even if he or she has not filed a charge of discrimination with an administrative agency. Whether or not an employee has filed a charge of discrimination, he or she will still be required to pursue claims through Resolve, rather than in court, without regard to the agency’s issuance of a “right to sue” letter. In some instances, the employee and the Company may, if they agree to do so, jointly request that the agency defer processing the charge so that the Resolve process may be utilized.

T H E M E D I A T I O N

Within 15 business days of receiving the employee’s written request for mediation, the Resolve Administrator will notify the employee whether the claim is a covered claim.

Once the employee and the Company have agreed on a ADR organization and a mediator has been selected, the mediation will occur within 90 calendar days of his or her appointment. The employee, the Company representative and, if they choose, their attorneys will present their respective side of the issue. The mediator will make suggestions in an effort to help the parties agree to a solution that satisfies them both.

T H E R E S U L T

If agreement is reached during mediation, both parties will sign a settlement agreement. If no agreement is reached, the Company will provide a written acknowledgment that mediation has failed to resolve the dispute within 15 business days of the mediation meeting. With that notice the Company will provide an explanation of the manner in which the employee may, if he or she so chooses, submit any covered claim to Level Four, where it will be heard by an arbitrator whose award will be final and binding upon the employee and the Company.

C O S T A N D F E E S

The Company will pay for all administrative fees associated with mediation. The employee and the Company will pay their own experts’ and/or attorneys fees. However, if the dispute is settled during mediation, the Company will reimburse the employee up to $2,500 for experts’ and/or attorneys’ fees incurred for mediation.

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LEVEL FOUR — ARBITRATION

Arbitration is a dispute resolution process in which the employee and the Company present their respective positions concerning the employee’s covered claim(s) to an arbitrator who will render a final and binding decision on the issue.

R O L E S A T L E V E L F O U R

Employee* Company Representatives*

Resolve Administrator Arbitrator

Completes theResolve Level Four Submission Form.Presents the case tothe arbitrator. Theemployee’s attorneymay make thispresentation on hisor her behalf.

Present theCompany’s case toarbitrator. The Company’s attorney may make this presentation on the Company’s behalf.

Upon submission of a request for arbitration, turns over all administrative responsibilities associated with conducting the arbitration to the selected ADR organization.

Presides over thearbitration hearing,considers allevidence presentedand renders a final and binding decision.He or she is a neutralthird party, providedby the AmericanArbitrationAssociation or othermutually agreed uponprofessional ADRorganization.

* May choose to be represented by legal counsel at arbitration

R E Q U E S T I N G A R B I T R A T I O N

In order to request arbitration, an employee must submit his or her covered claim on the Resolve Level Four Submission Form to the Resolve Administrator within 30 calendar days of receiving the Company’s written response following the effort to resolve the case through mediation at Level Three. The formal request for arbitration that follows includes information about the covered claim, the amount of damages claimed, if any, and the remedy sought. The employee and the Company are both involved in the selection of an arbitrator(within a 30 calendar day timeframe).

T H E M E E T I N G

Unless otherwise agreed to by both parties, the arbitrator will schedule the arbitration hearing within 120 days of his or her appointment.

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An arbitration hearing resembles a court proceeding in certain ways. Both parties have the opportunity to be represented by an attorney, to make opening statements, to present testimony and introduce exhibits through witnesses, to cross-examine the other party’s witnesses and to make closing statements. Occasionally an arbitrator will be able to render a final decision, as a matter of law, without need for a hearing on some or all issues.

T H E R E S U L T

Arbitration differs from mediation in that the arbitrator considers the evidence and the arguments and then renders a written decision, usually within 30 calendar days of the conclusion of any hearing. The arbitrator’s award contains the arbitrator’s ruling in connection with each claim and describes the remedy, if any, to beawarded.

The arbitrator’s decision is final and binding on the employee and the Company. It is based on the arbitrator’s interpretation and application of the applicable law(s). The arbitrator may grant any monetary award that would have been available if the claim had been asserted in a court.

This is the final level of the Resolve procedure. No further recourse to the courts is available. If an employee has filed a timely action in court without having completed the Resolve procedures, he or she will be deemed to have waived Levels One through Three, and the Company will ask the court to order the parties to proceed with arbitration at Level Four. Even then, if both the employee and the Company agree, they may attempt mediation at Level Three.

C O S T S A N D F E E S

Except for a $50 initiation fee that must be paid by the employee, the Company will pay for all administrative fees associated with arbitration. The employee and the Company will pay their own experts’ and/or attorneys’ fees. If the arbitrator decides in favor of the employee, the arbitrator may require the Company to pay the employee’s attorneys’ fees and costs, if applicable law permits.

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EMPLOYEES COVERED BY RESOLVE

Resolve covers all U.S. employees of Genworth Financial, Inc. and its affiliates, including Genworth North America Corporation and Genworth Mortgage Insurance Co.

S P E C I A L N O T E : R E G I S T E R E D E M P L O Y E E S

For regulatory reasons, registered employees have different options available to them for resolving claims past the mediation stage. Registered employees are bound by the rules of the FINRA, as described in the U-4 agreement. To the extent that FINRA rules require that a claim be resolved through FINRA arbitration, registered employees must utilize that procedure. To the extent that FINRA rules do not require that a claim be resolved through FINRAarbitration, then the registered employee is obliged to utilize the Resolve procedures.

BENEFITS OF RESOLVE

• Permits faster dispute resolution by bringing together individuals closest to the issue• Allows for greater opportunity to bring together individuals closest to the issue to quickly resolve disputes• Provides a forum to raise concerns and disputes formally that an employee is unable to resolve through informal

channels• Helps to prevent years of costly, frustrating and often disappointing court battles • Facilitates private resolution of issues • Provides (if appropriate) an experienced neutral third party to help settle a dispute• Allows the employee to receive any monetary award he or she might be awarded through a court of law

WHERE TO GO FOR MORE INFORMATION

For answers to other questions regarding Resolve, contact your human resources representative or Resolve Administrator.

The Genworth Resolve Program details can be found at the “Resolve Program” link on the Genworth intranet Employee Resources page.

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ANSWERS TO COMMON QUESTIONSABOUT RESOLVE

Q . Should an employee use Resolve to solve any problem that happens at work?

A . No. The majority of work-related concerns should be settled in the normal course of the workday, through one-on-one discussion. As always, employees should meet with their manager and/or human resources representative to discuss any problem they may have at work. In the small percentage of instances when an employee is unable to settle the problem through informal channels, he or she may submit the concern in writing and begin the Resolve procedure.

Q . Does Resolve require that an employee go through each level completely before proceeding to the next one?

A . Yes. Resolve is arranged in a logical sequence, and an employee must complete each level, in order, before proceeding to the next. In some cases, by mutual agreement of the employee and the Company, Level One may be waived. If an employee has filed a timely action in court without having completed the Resolve procedures, he or she will be deemed to have waived Levels One through Three, and the Company will ask the court to order the parties to proceed to arbitration at Level Four. Even then, if both the employee and the Company agree, they may attempt mediation at Level Three.

Q . Does Resolve take away an employee’s right to take his or her dispute to a court of law?

A . The arbitration at Level Four of Resolve is in lieu of litigating the matter in court. Both the employee and the Company agree to accept an arbitrator’s decision as the final and binding decision on the matter. The arbitrator may grant any monetary award that would have been available if the claim had been asserted in a court.

All employees should review the details of the procedure in the Resolve Guidelines for Genworth Employees, which provides additional details about the arbitration process.

Q . How can the employee be sure that the mediator and arbitrator are neutral and will be fair?

A . Mediators and arbitrators are provided by the American Arbitration Association or another mutually agreed upon professional ADR organization. Professional ADR organizations offer dispute resolution services to private individuals, businesses, associations and all levels of government.

When the employee requests mediation or arbitration, the Resolve Administrator will identify ADR organizations that are available, in addition to the American Arbitration Association. The ADR organization will provide a list of professional mediators or arbitrators who work in the local area. A profile of each mediator or arbitrator will be provided for the employee’s and the Company’s consideration. Both the employee and the Company will be involved in the selection of the mediator and/or arbitrator.

Q . What happens if an employee files a lawsuit against the Company for a legally protected right?

A . If a current or former employee files a lawsuit before completing all four levels of Resolve, the Company will ask the court to compel arbitration of the dispute as required in Level Four of Resolve.

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Q . Does Resolve prevent an employee from going to the Equal Employment Opportunity Commission (EEOC)?

A . No. Resolve does not prevent employees from seeking the assistance of any government agency, including but not limited to the EEOC, or state equal employment opportunity agencies. However, the employee and the Company may jointly ask the agency to defer processing the charge so that the Resolve process may be utilized.

It is not necessary for an employee to have filed a charge of discrimination with the EEOC or a state agency in order to take a discrimination claim through all four levels of the Resolve process, so long as the employee has initiated the Resolve process within the time permitted for the filing of a charge with the administrative agency. Employees shall be solely responsible for determining the applicable statutes of limitations and/or administrative agency filing deadlines, and for initiating the Resolve procedures in a timely manner.

Q . What happens if an employee is terminated or laid off? Does Resolve still apply to that person?

A . If an employee is terminated or laid off from Genworth, he or she will be required to submit all covered claims that person may have against the Company through Resolve.

Q . What role does an attorney play in Resolve?

A . An employee may consult with an attorney at any point during Resolve. However, an attorney may participate in Resolve only during Levels Three (mediation) and Four (arbitration). The Company will not reimburse employees for attorneys’ fees at Levels One and Two, and outside attorneys may not participate in meetings with management at these levels. The Company will reimburse the employee for up to $2,500 of attorneys’ fees incurred for mediation, provided that a complete settlement of all claims is reached at mediation. The employee and the Company are responsible for all other respective attorney and expert fees and other costs.

Q . Who covers the administrative costs of mediation and arbitration?

A . Except for a $50 initiation fee payable by the employee at Level Four (Arbitration), the Company will cover administrative costs associated with mediation and arbitration. The Company pays the fees directly to the ADR organization, which then pays the mediator or arbitrator.

Q . What are the roles of the Ombudsperson and the Resolve Administrator?

A . The Ombudsperson acts as an independent resource for receiving reports of integrity concerns and assisting with integrity related questions.

The Resolve Administrator handles the administration of Resolve up through Level Three. At Level Three, the ADR organization will handle all communications with the mediator, and if a dispute is taken to Level Four, the Resolve Administrator will turn over responsibility for the administrative processing of the case to the ADR organization providing the arbitrator who will hear the case.

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Q . What is the difference between mediation and arbitration?

A . Both mediators and arbitrators are neutral third parties provided by the American Arbitration Association or other mutually agreed upon professional Alternative Dispute Resolution (ADR) organization. The mediator’s job is to open up the lines of communication between the employee and the Company and help them to reach a mutually acceptable agreement. A mediator does not make a decision; he or she facilitates discussions and helps the parties reach a decision together.

An arbitrator’s job is to listen to the arguments presented by the employee and the Company in the dispute, reach a decision and provide it to the employee and Company as the resolution. An arbitrator can make the same type of monetary awards that are given in a court of law.

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GLOSSARY OF TERMS

A L T E R N A T I V E D I S P U T E R E S O L U T I O N ( A D R )

A process for settling disputes by means other than litigation. This process is usually less costly and faster, and is often used in disputes that otherwise would likely involve court litigation.

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N ( A A A )

A non-profit organization that offers a wide range of dispute resolution services to private individuals, businesses, associations and all levels of government. It handles approximately 60,000 cases each year and has access to more than 5,000 neutral experts.

A R B I T R A T I O N

A dispute resolution process in which the employee and the employer present their respective positions concerning their dispute to an impartial third-party arbitrator who renders a decision regarding the claim which is final and binding on both the employee and the Company.

A R B I T R A T I O N H E A R I N G

A formal hearing that resembles a court proceeding. Both the employee and the employer have the opportunity to be represented by an attorney, to make opening statements, to present testimony and introduce exhibits through witnesses, to cross-examine the other party’s witnesses and to make closing statements.

A R B I T R A T O R

A neutral third party provided by a mutually agreed upon, professional ADR organization to preside over the arbitration. The arbitrator is a licensed attorney or former judge with a minimum of five years of experience in the practice of employment law or in the arbitration of employment law claims. The arbitrator interprets and applies federal and/or state laws and may grant any monetary remedy or relief that would have been available in a court of law.

C O N T I N U I T Y O F S E R V I C E D A T E

As applied to these Guidelines, generally refers to the date an employee begins working for the Company.

C O V E R E D C L A I M S

Any and all legal claims against the Company or individual managers arising out of or relating to the employee’s employment with Genworth, that a court in the local jurisdiction (location) would have the authority to decide under applicable municipal, state or federal statue, regulation or law. Covered claims include personal employment concerns such as: • Claims relating to compensation, leaves of absence, and layoffs and/or plant closings;• Claims relating to involuntary terminations, such as layoffs and discharges (including constructive discharges);• Employment discrimination and harassment claims, based on, for example, age, race, sex, religion, national origin,

veteran status, citizenship, handicap/disability, or other characteristic protected by law;

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• Retaliation claims for legally protected activity, and/or for whistleblowing;• Claims of breach of contract or covenant (express or implied) and/or promissory estoppel;• Tort claims (such as intentional torts, negligence, defamation, invasion of privacy, infliction of emotional distress,

etc.);• Claims of violation of public policy; • Any claim related to Genworth’s “Propriety Information and Inventions” and alleged breach of an employee’s non-

competition, non-solicitation, fiduciary or confidentiality obligations;• Any patent, trademark or intellectual property claim or dispute; • Claims of violation of this procedure, except for violation of the confidentiality requirements of this procedure and• Claims that the arbitrator determines fall within the scope of this agreement to arbitrate.

E X C L U D E D C L A I M S

• Concerns that do not involve legally protected rights;• Claims relating to “continuity of service” determinations;• Claims for benefits under a Company benefit plan covered by the Employment Retirement Income Security Act of

1974 (ERISA) or any other claim covered by ERISA;• Any claim for workers’ compensation or unemployment compensation benefits;• Any claim under the National Labor Relations Act;• Any claim that seeks to establish or modify a business policy, procedure or rule; and/or• Any personal claims against a Company manager that do not involve conduct relating to or arising out of the

employee’s employment relationship with Genworth.

C O V E R E D E M P L O Y E E S

All U.S. employees of Genworth and its affiliates.

M E D I A T I O N

A problem-solving and dispute-resolution process in which the employee and the employer discuss the dispute with an impartial third party who assists them in attempting to reach a settlement. Mediation is a process that seeks to find common ground for the voluntary settlement of disputes.

M E D I A T O R

A neutral third-party facilitator who helps the employee and the employer attempt to settle their dispute by giving both parties the opportunity to explain the dispute, including the reasons that support their position, and to work together to reach a settlement. The mediator is a licensed attorney or former judge with a minimum of five years of experience in the practice of employment law or in the mediation of employment law claims. The mediator’s role is advisory. He or she may offer suggestions, but resolution of the dispute rests with the employee and the employer.

R E S O L V E A D M I N I S T R A T O R

A Genworth employee who handles the administration of Resolve through Level Three. The Resolve Administrator answers question about the procedure, facilitates the selection and scheduling of mediators and arbitrators and maintains records of all disputes. Employees should direct to the Resolve Administrator requests for information, all requests for reimbursable attorneys’ fees and all written documents and notices required by Resolve.

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S T A T U T E O F L I M I T A T I O N S

A time limit determined by law for submitting a claim to a court of law or filing a charge with an administrative agency. The statutes of limitations and filing deadlines vary by the nature of the claim and are determined by the applicable state and/or federal law. For statute of limitations purposes, where a claim is of such a nature as to require the filing of a charge with an administrative agency before a judicial action could be initiated, the administrative agency filing deadline will be considered the applicable statute of limitations.

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ADDENDUM TO RESOLVE HANDBOOK

The Resolve Program Handbook provides a general description and overview of the Resolve procedures. It contains an explanation of the Resolve Guidelines, and provides a description of the way in which the Resolve model works at Levels One through Four.

Resolve’s commitment to arbitration is mutual. Just as employees of Genworth Financial have agreed to utilize the Resolve procedures for solving workplace disputes, and specifically to utilize mediation (Level Three) and arbitration (Level Four) for the resolution of Covered Claims, the Company has likewise agreed to utilize Resolve for the resolution of legal claims. As stated at page 3 of the Handbook, however, the Handbook only “provides an overview of the process an employee should use to assert a claim against the Company.” In rare instances, the Company may be compelled to assert a legal claim against a current or former Genworth Financial Associate (all of whom are “employees” for purposes of this document). This Addendum, therefore, provides an overview of the ways in which the process is modified when the Company asserts a legal claim against an employee.1 The process for claims brought by the Company is nearly identical to that used by an employee as described in the Handbook.

This Addendum also addresses the manner in which claims asserted by any party after the initiation of Resolve proceedings are to be handled.

CLAIMS ASSERTED BY THE COMPANY AGAINST AN EMPLOYEE

L E V E L S O N E A N D T W O

Occasionally, the Company is compelled to assert a legal claim against an employee. When this occurs, Levels One and Two of the Resolve process will be combined. In an effort to provide the employee with adequate notice of the claim being asserted, including a clear statement of the nature of the Company’s claim, and the grounds upon which the claim is being asserted, the Company will submit its claim in writing to the Resolve Administrator, with a copy to the employee.

R O L E S A T C O M B I N E D L E V E L S O N E A N D T W O

CompanyA Company representative will complete the Resolve Submission Form for the assertion of a legal claim by the Company, explaining the nature of the specific claim being asserted and describing what the Company believes should be done to address the claim. A Company representative will participate in a dialogue with the employee in effort to reach resolution.

Employee

1 Although employees may use Levels One and Two of the Resolve process to raise concerns that do

not constitute covered claims, the Company is only permitted to use the Resolve process when asserting a legal claim against an employee (consistent with the definitions provided for “covered claims” and “excluded claims” in the Handbook’s Glossary of Terms).

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Review the form, meet with the Company representative to hear the Company’s explanation of the nature of and basis for the claim, and provide Company with a written response.

Resolve Administrator Handles the logistics of Resolve and logs the claim as part of the Resolve procedure.

Submitting a ClaimThe Company representative will submit the legal claim on the appropriate Resolve Submission Form. The Company will provide a clear explanation of the nature of and basis for the claim being asserted, the individuals involved and what the Company believes is necessary to resolve the claim(s).

The MeetingWithin 30 calendar days of the Resolve Administrator’s receipt of the Company’s Resolve Submission Form, the Resolve Administrator will have scheduled a meeting of the Company representative with the employee to formally discuss and seek a resolution of the Company’s legal claim. During this meeting the nature of and basis for the claim is discussed, as is any explanation that the employee offers. Attempts are made to settle the claim to the satisfaction of both the employee and the Company.

The location of the meeting should be a conference room close to the employee’s current Genworth work location. If the individual works remotely or is no longer employed by Genworth, it can be held at a mutually acceptable location or, in the absence of an agreement, it can be completed in a telephone conference call scheduled by the Resolve Administrator.

The ResultWithin 15 business days of the Combined Level One and Two meeting, the employee provides the Company with a written response to the Company’s legal claim.

If the legal claim remains unresolved, the Company may proceed to Level Three (mediation).

If the employee has declined to schedule, or participate in, the Level One/Two meeting, or if the employee has participated in the meeting but has failed to provide a written response to the Company’s claim: Such actions shall not delay the process, but shall be treated as a rejection of the Company’s claim by the Employee and the claim shall proceed to Level Three.

L E V E L T H R E E — M E D I A T I O N

Mediation is one of the most straightforward and effective ways of settling disputes. In mediation, the employee and the Company engage a neutral third party, called a mediator, in an effort to help them reach a mutually acceptable agreement concerning the Company’s legal claim. Both the employee and the Company share their perspectives with the mediator, who promotes discussion between the parties. The mediator may offer suggestions for resolution of the dispute, but the mediator will not make any decisions regarding the merits of the case and cannot force either party to accept his or her suggested resolution.

R O L E S A T L E V E L T H R E E

Company*A Company representative will complete the Resolve Level Three Submission Form for the assertion of a legal claim by the Company, explaining the nature of the specific claim being asserted and describing why the Company disagrees

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with the employee’s previous response (if any). A Company representative will participate in mediation in an effort to reach resolution.

Employee*Review the Company’s submission form and participate in mediation in an effort to reach resolution.

Resolve Administrator Handles the logistics associated with selection of the ADR organization, the mediator, and the mediation.

MediatorFacilitates the meeting to help both parties reach agreement. He or she is a neutral third party, provided by the American Arbitration Association or other mutually agreed upon professional ADR organization.

* May choose to be represented by counsel at mediation.

Requesting MediationThe Company may request mediation if it is asserting a legal claim. Examples include claims of breach of contract, embezzlement, conversion, or theft of Company property.

To request mediation, the Company must submit its legal claim on the Resolve Level Three Submission Form to the Resolve Administrator within 30 calendar days of receiving the employee’s written response at Combined Levels One and Two (or, if no response has been received, within 30 calendar days of when the employee’s written response was due). The employee and the Company are both involved in the selection of a mediator.

Time LimitsIn order for a legal claim asserted by the Company to proceed to Level Three of the process, the claim must have been submitted to Combined Levels One and Two before the statute of limitations for that claim expired.

The MediationWithin 15 business days of receiving the Company’s written request for mediation, the Resolve Administrator will provide information for the designation, by the Company and the employee, of a mutually agreed upon professional ADR organization. In the absence of an agreement, the American Arbitration Association will be designated to provide a list of potential mediators and administer the mediation process.

Once the employee and the Company have agreed upon a mediator, a meeting will take place within 90 calendar days of his or her appointment. The mediation shall be conducted in a mutually acceptable location. If no location can be agreed upon, the mediation can be conducted by conference call. The employee, the Company representative and, if they choose, their attorneys will present their respective sides of the issue. The mediator will make suggestions in an effort to help the parties agree to a solution that satisfies them both.

If the employee refuses to participate in the selection of a mediator, or in mediation: Such actions shall not delay the process, but shall be treated as a failure of mediation and the Company may proceed with its claim to Level Four.

When the employee and the Company have asserted covered claims against one another: In those situations in which the Company has asserted a claim against an employee, and the employee has asserted a claim against the Company, whichever claim reaches Level Three first will be held until the other claim reaches Level Three so that both can be addressed simultaneously (at Level Three and, if necessary, at Level Four).

The ResultIf agreement is reached during mediation, both parties will sign a settlement agreement. If no agreement is reached, the Company will provide a written acknowledgment that mediation has failed to resolve the dispute within 15 days of the mediation meeting. With the issuance of that acknowledgment, the Company is entitled to submit the legal claim to

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Level Four, where it will be heard by an arbitrator whose award will be final and binding upon the employee and the Company.

Costs and Fees The Company will pay for all administrative fees associated with mediation. The employee and the Company will pay their own attorneys’ fees, if any.

L E V E L F O U R — A R B I T R A T I O N

Arbitration is a dispute resolution process in which the employee and the Company present their positions concerning the Company’s legal claim(s) to an arbitrator who will render a final and binding decision on the issues.

R O L E S A T L E V E L F O U R

Company*A Company representative will complete the Resolve Level Four Submission Form for the assertion of a legal claim by the Company. A Company representative, or an attorney for the Company, will present the case to the arbitrator.

Employee*The employee, or an attorney for the employee, will present the employee’s defense against the claim to the arbitrator.

The mutually agreed upon professional ADR organization (or AAA)

Facilitates selection of an arbitrator by the parties, and handles administration of the arbitration process.

ArbitratorPresides over the arbitration hearing, considers all evidence presented and renders a final and binding decision. He or she is a neutral third party, provided by the American Arbitration Association or other mutually agreed upon professional ADR organization.

* May choose to be represented by counsel at arbitration.

Requesting ArbitrationThe Company must submit its Resolve Level Four Submission Form to the mutually agreed upon professional ADR organization within 30 calendar days of the acknowledgement that mediation has failed to resolve the dispute. The formal request for arbitration that follows includes information about the legal claim, the amount of damages claimed, and the remedy sought. The employee and the Company are both involved in selection of an arbitrator.

The Arbitration and the ResultThe procedures for arbitration of a legal claim asserted by the Company against an employee, and the process by which a result is determined, are the same as when the arbitration is to address a legal claim asserted by an employee against the Company. The Handbook describes the process.

When the employee and the Company have asserted covered claims against one another: In those situations in which the Company has asserted a claim against an employee, and the employee has asserted a claim against the Company, whichever claim reaches Level Four first will be held until the other claim reaches Level Four, so that both can be addressed simultaneously. This provision applies whether the latter claim asserted is one that arises out of the first claim asserted, or is an independent claim.

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Costs and Fees The Company will pay for all filing fees associated with arbitration. The employee and the Company will pay their own experts and/or attorneys’ fees, if any. The Company will pay for all administrative fees associated with the arbitration, but if the arbitrator decides in favor of the Company, the arbitrator may require the employee to pay some or all of the administrative fees associated with the arbitration, and some or all of the Company’s attorneys’ fees and costs, if applicable law permits.

CLAIMS WHICH ARE FIRST ASSERTED AFTERTHE RESOLVE PROCESS HAS BEEN INITIATED

In some instances an employee, or the Company, may seek to add a new claim, or expand the scope of a claim, after the Resolve process has been initiated. Resolve is arranged in a logical sequence, and generally an employee, like the Company, must complete each level before proceeding to the next. In some instances, it may be more efficient for a later-asserted claim to be combined with a claim that is already pending in the Resolve process. However, the party against whom the claim is asserted should not be deprived of the opportunity to address the claim in the logical sequence contemplated by the Resolve process. Accordingly, to balance the interests of the parties, when an employee or the Company with a claim pending asserts a new claim after the Resolve process has been initiated, the party against whom the claim is asserted has the choice of requiring that the new claim be commenced at Level One, or of allowing it to be joined with the pending claim at the current stage of the Resolve process. Allowing the new claim to be joined with a pending claim does not waive any statute of limitations defense that might be available with respect to the new claim.