You can certainly require your employee to sign an arbitration agreement as part of the boarding process. While an employee cannot be required to sign an arbitration agreement, you, as an employer, may refuse to hire an employee who chooses not to sign. In some respects, the arbitration agreement may then become a mandatory term of employment. Even in a world of epic systems where more and more employers are rolling out binding arbitration agreements by renouncing class actions, California has discouraged such agreements. This tension raises the question: how close can an employer navigate to impose arbitrations on workers who refuse to sign arbitration agreements? Despite the disadvantages of arbitration, there are some benefits of the process. This includes: If you are the victim of illegal discrimination, you can file a discrimination action with the Employment Commission, regardless of an arbitration agreement you have signed. Your approval applies to you and not to an agency like the EEOC that wants to enforce the law. Seyfarth Synopsis: Everything was smooth sailing with your last biggest arbitration agreement, but then an employee refused to board. What are you doing now? Keep reading for a primer to navigate some murky waters. It has become a common practice for employers to include a work stoppage agreement in most employment contracts these days, but many workers are unsure of what they are signing. This article evaluates arbitration agreements, including whether you must sign a contract with an arbitration contract and what to do if you are to sue your employer. As a result of this decision, more employers are asking employees to sign agreements that would require them to participate in arbitration and waive their right to participate in class actions.
As a California labour lawyer explains, class actions are important because they allow groups of people affected by similar behavior to jointly take legal action. According to a California labour expert, there are three options if you refuse to sign an arbitration agreement. First, your employer can simply terminate your employment. While this may not be an option if you are a particularly valuable collaborator or if many of your employees refuse to sign the arbitration agreement, you should be aware that this is a possibility. Depending on the facts, there may be a right against your employer if he fires you for refusing an arbitration agreement. Because the arbitration agreement you sign only applies to you and your employer, you can take your employer to court for certain reasons. For example, if you feel that your employer has discriminated against you, you can go to the Equal Employment Commission (EEOC) and file a complaint. The EEOC may sue your employer on your behalf, as the arbitration agreement applies only to you, not to federal or regional authorities. Arbitration also offers some benefits for people. The trial is not as formal as what happens in a trial.
This can make the process easier for everyone. Cases that go to arbitration are also tried more quickly than those that are tried. Arbitration agreements can place workers in unfavourable positions. If an agreement has been submitted to you, call the labour law specialists with Swartz Swidler so that you have more details about the rights you have. In 2018, the Supreme Court issued a controversial ruling that gave employers a strong preference over workers. This decision established that the requirement for workers to accept arbitration agreements that involved waiving their right to participate in class actions did not constitute a violation of the National Labor Relations Act (NLRA).