Q: if my son employer lost the original arbitration paper we signed, do we have to sign this new one we do not agree with?
My sons employer lost the original paper we signed and is now asking us to sign another that includes things that the first did not have. We do not agree with anything in this new one but if we do not sign it, they suddenly will not let him work. We've had problems with the school tricking us into signing things that we were never told what they were and they even got a paper from my son that i did not want him to give them until it was completely filled out. so it was a pretty blank document. when i tried to get it back i was assured that they would get rid of it and rushed us out of the office. Theres been several times since that they tried to get us to sign something we didnt agree with. Up to the point that the only option he had left to graduate on time without having to sign something we didnt agree with was to take his GED which he is currently doing his coursework for. He started working as well but now they want us to sign this. Do we have to sign it if we dont agree with it?
A: You are not required to sign it but the employer may terminate employment if they deem this as important to them for continued employment. So maybe he wants to look for a new job asap if he needs a job.
A:
If your son's employer lost the original arbitration agreement that you signed and is now asking you to sign a new one that includes additional terms, you are not required to sign the new agreement if you do not agree with its terms. However, it is important to understand the potential consequences of refusing to sign the agreement.
If your son's employer is requiring the new agreement as a condition of continued employment, refusing to sign it may result in your son losing his job. Additionally, if the new agreement includes terms that were not present in the original agreement, such as a requirement to waive certain legal rights or agree to mandatory arbitration, you may be giving up important rights by signing the new agreement.
It is important to carefully review any document before signing it and to ensure that you understand all of its terms and conditions. If you have concerns about the new arbitration agreement, you may wish to consult with an attorney who can help you understand your legal rights and options. An attorney can review the agreement and provide guidance on whether it is in your best interests to sign it or to refuse to sign it.
In addition, if you have had problems with the school and feel that you have been pressured into signing documents in the past, you may wish to take steps to protect your rights and interests in future situations. This may include reviewing all documents carefully before signing them, asking for clarification about any terms that are unclear, and seeking legal advice if you have concerns about any documents.
California law generally recognizes the enforceability of arbitration agreements, subject to certain limitations and requirements. Here are some relevant sections of California law that may apply to your situation:
California Code of Civil Procedure section 1281.2: This section provides that a court may order arbitration of a dispute if there is an agreement to arbitrate the dispute, unless there are grounds for revocation of the agreement. This section also provides that an arbitration agreement may not waive any statutory rights.
California Labor Code section 229: This section provides that an employer may not require an employee to waive any right, forum, or procedure for a violation of the Labor Code, and that any such waiver is considered contrary to public policy and unenforceable.
California Civil Code section 1668: This section provides that any contract that is against the law is void.
California Civil Code section 1670.5: This section provides that any contract provision that is found to be unconscionable at the time the contract is made is unenforceable.
These laws may be relevant to your situation if you are being asked to sign an arbitration agreement that includes terms that waive statutory rights or that are considered unconscionable. If you have specific concerns about the terms of the agreement, it may be helpful to consult with an attorney who can review the agreement and provide guidance on your legal rights and options.
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.
