Q: My employer has requested that I sign an arbitration agreement. Do I have to sign in California?
I've filed several complaints regarding unsafe working conditions and time adjustments with no resolution. what rights do I have to pursue legal action if I am forced to sign this agreement?
A:
At this point in time it is still lawful for an employer to make signing an arbitration clause a condition of employment. You can be terminated if you refuse.
A couple of years ago a law was passed that made it unlawful for a California employer to require an employee to sign an arb clause as a condition of employment. Industry challenged the law claiming it was preempted by federal law. The judge in that case stayed enforcement of the law until the matter is resolved. It has still not been resolved. Once resolved, if resolved in favor of enforcement of the law, there will no doubt be a big fight over what to do with all those employees who signed an arb clause prior to the opinion. In short, no one can guarantee you that you will be able to get out of the arb clause at this point.
Even with an arb clause you will have the right to pursue rights in arbitration. Not ideal but available nonetheless.
Good luck to you.
Brad S Kane agrees with this answer
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