Q: If an independent operator, not employer, are trying to get us to sign an arbitration as a condition of his employment

Do we have to sign? This independent operator is claiming to work for my sons employer and be the owners of the establishments. They are not. So do we have to sign it as a condition of his employment when it’s not even for the employer?

3 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Whether you are an employee or independent contractor it is lawful for the contracting party to require agreement to an arbitration clause. If your client refuses to sign he may well lose his job and there would be no recourse.

Good luck to you.

Brad S Kane
Brad S Kane
Answered
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Both an employer and an independent operator can legally a require an employee or independent contractor to sign an arbitration agreement.

James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the independent operator is not the employer, it is unclear whether you would be required to sign an arbitration agreement as a condition of your son's employment. Generally, arbitration agreements are contracts between an employer and an employee that require any disputes arising out of the employment relationship to be resolved through arbitration rather than through the court system.

If the independent operator is not the employer, they may not have the authority to require your son to sign an arbitration agreement. It would be best to review the specific terms of the agreement and to consult with an attorney who can advise you on your legal rights and obligations.

In general, it is important to carefully review any contract or agreement before signing it, especially if it contains terms that could impact your legal rights or obligations. If you have concerns about the arbitration agreement or any other aspect of your son's employment, you may want to consult with an attorney who can provide legal advice based on the specific facts of your case.

Yelena Gurevich agrees with this answer

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