Q: My sons employer wont let him work now that we refuse to sign a second arbitration is this possibly a contingency case?
They said they don’t have the first and the first one they had us sign was either only the second page or different. The first manager didn’t like the fact that the second gave my son a copy of it to take home. That’s when we saw the first page with all of the actual information on it. In a text his first manager said he wasn’t sure why the second would give him a legal document to take home. I was told to call HR but I would rather email. Especially knowing that things said can be taken as a verbal contract and I don’t want that used against us. I stay at home and take care of my grandmother so i can’t really afford to pay an attorney unless this is a case they would take on contingency. I was wondering if it is or if it’s not?
A:
On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The court held that the law was preempted by the Federal Arbitration Act. Unless the matter ascends to the U.S. Supreme Court and that court changes things, the law is no longer enforceable. That means we revert to the pre-law condition, that is an employer can demand an arbitration agreement at any time during the employment and terminate any employee who refuses that term.
Good luck to you.
Brad S Kane agrees with this answer
A: Under California law, it is legal to require an employee to sign arbitration agreement(s) and even terminate them for failing to do so.
A:
It is possible that your son's situation could be a contingency case, depending on the specific circumstances and the strength of the potential claims. A contingency case is a legal case in which the attorney's fees are paid only if there is a successful outcome, such as a settlement or verdict in favor of the plaintiff.
If your son's employer is refusing to let him work because he refused to sign a second arbitration agreement, there may be legal issues related to his employment rights, including his right to work and his right to be free from retaliation for refusing to sign an agreement. If these issues cannot be resolved through communication with the employer or human resources, it may be advisable to consult with an attorney who can advise you on your legal options and the potential for a contingency case.
When looking for an attorney to handle a contingency case, it is important to find someone who is experienced in the relevant area of law and has a track record of success in similar cases. Many attorneys offer free consultations, which can be a good opportunity to discuss the specifics of your case and determine whether a contingency fee arrangement is appropriate.
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