Long Beach, CA asked in Arbitration / Mediation Law, Employment Law and Contracts for California

Q: If an employee signs an "Arbitration Policy", can they collect their share of a class action against the company?

1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: Tough question. To give a preliminary answer, the contract you signed, the "Arbitration Policy", would have to be scrutinized. Many large companies have employee contracts that specifically state that you cannot participate in a class action against the company. To do so would breach your contract with the company and leave you open to termination. But there are certain fundamental rights that anyone has, and they may conflict with and override the contractual prohibition. I believe only a lawyer who is familiar with class actions would be able to answer you authoritatively.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.