San Francisco, CA asked in Civil Rights, Constitutional Law, Contracts and Employment Law for California

Q: Is a contract for employment with a jury trial waiver valid?

I have been offered an employment contract with an arbitration agreement clause that includes a jury trial waiver, is this valid under the CA constitution and/or US constitution, and what are the laws governing jury trial waiver in employment law?

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: It is constitutional. However in California there is a statute that states that no employer can make signing an arbitration clause a condition of employment, which means you can lawfully refuse to sign that part of the agreement. Further the clause will be considered unenforceable if you sign it if it is mandatory to get the job.

Good luck to you.

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