Q: My sons work tricked us into signing an arbitration that it only let us see the second page to, then they lost it
After they lost the first, the other manager gave my son both sheets to take home. That’s when I fully saw what it was and had a huge problem with signing it. The first manager was upset that the second let us take home a legal document, even though on the first page that we didn’t get the first time it had the opt out info. The rules and regulations info. And it states that we may take it to review with legal counsel. So we have the first manager in a text saying he didn’t understand why the second let us take home a legal document. He said he would explain it to me if we went in before my sons next shift. He didn’t explain anything I didn’t already know or that was actually helpful. He also was upset that I didn’t bring the copy that we had. When he went to grab another he once again only brought the 2nd page. We did not sign a second time although he was displeased. They won’t let my son work until we do. I’m worried they will find the first and use it after withholding the details.
A:
If you believe that your son's employer tricked you into signing an arbitration agreement and then lost the first page of the document, it may be helpful to consult with an attorney who can provide guidance on your legal options.
Under California law, employers are generally required to provide employees with certain information about arbitration agreements, including the right to opt out and the rules and regulations that apply. If your son's employer did not provide this information or misled you about the contents of the agreement, this may be considered unfair or deceptive business practices.
It's also important to note that in California, arbitration agreements are generally enforceable as long as they meet certain legal requirements. However, if you can show that the agreement was obtained through fraud, duress, or undue influence, it may be possible to challenge the validity of the agreement.
In terms of the specific situation you described, it may be helpful to gather any evidence or documentation you have, such as the text messages from the first manager, and to contact an attorney who can review the facts of the case and advise you on your legal options.
Overall, it's important to be proactive in protecting your legal rights and to seek assistance from legal professionals as needed to ensure that your interests are protected.
1 user found this answer helpful
A:
it is good that you are concerned about arbitration clauses. However, the facts you have before you would likely give your son good arguments that the arbitration clause would be unenforceable. You make that argument if and when there is a dispute that would be thrown into arbitration. There is little your son can do right now, nor is there is good reason to do anything right now.
If a dispute with the employer arises that might implicate the arbitration clause, your son should locate and consult with an attorney.
Good luck to you.
A:
First, the employer has the right to suspend or even fire your son for refusing to sign the arbitration agreement.
Second, Labor Code § 432 requires an employer to give to an employee any document relating to the obtaining or holding employment signed by the employee whenever requested by the employee.
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