It is a common practice for employers to require employees to sign an arbitration agreement as a condition of the employment. By signing the arbitration agreement, employees agree to present their claims against their prospective employers in arbitration before a neutral person, or a panel of neutral persons, who usually are retired judges or experienced attorneys; thus, waiving their rights to litigate their claims before a judge or jury in the court. In almost every situation, the employee has no other choice but to sign the arbitration agreement and submit herself to its consequences. Obviously, the employee’s refusal to agree to arbitrate could and in most cases would result in termination of her employment.

Prospective clients who believe they have been subjected to adverse employment actions such as discrimination, harassment, retaliation, and wrongful termination must be mindful of arbitration agreements and its effect to their claims against their employers. Employees are advised to keep a copy of the arbitration agreement in their personal records, and if they have not kept a copy when they signed the arbitration agreement, to request for a copy from their employers. The existence of the arbitration agreement and knowledge of its terms is essential for forming the litigation strategy against the employer in the early stages of an employee’s case even before filing a civil lawsuit in the court.

WE CAN HELP.

If you are being asked to sign an arbitration agreement and would like to consult with an employment attorney, please contact Mostafavi Law Group, APC.