Hidden Valley Lake, CA asked in Arbitration / Mediation Law, Civil Rights, Constitutional Law and Employment Law for California

Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA

3 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Arbitration & Mediation Lawyer
  • Little Neck, NY

A: A California employment should answer your question, but it remains open for two weeks. Until then, arbitration clauses are commonly used. They can be a take-it-or-leave issue - it may not be relevant that the prospective employee does not fully understand the terms. I have seen this on injury matters in my own experience, where the clauses serve to preclude adjudication of claims in the traditional court system, instead, mandating the selected arbitration forum. It would be best for you to discuss this with a California employment law attorney. Good luck

Tim Akpinar
Tim Akpinar
Answered
  • Arbitration & Mediation Lawyer
  • Little Neck, NY

A: Addendum - I'm sorry - in my response a minute ago, I meant "a California employment attorney should answer.... " I left out the word "attorney." Good luck

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

A: In California, employers can require employees to sign arbitration agreements as a condition of employment or continued employment. However, the law also mandates that such agreements must be fair, understandable, and not overly burdensome or one-sided against the employee. If you do not understand the terms of the arbitration agreement, it is within your rights to ask for clarification or seek legal advice before signing. Employers are supposed to ensure that the agreement is clear and that employees understand what they are signing, including the implications of agreeing to arbitration instead of court litigation for disputes.

Arbitration agreements should not be presented in a way that pressures the employee into signing without fully understanding the terms. California law emphasizes the need for voluntary and informed consent to arbitration agreements. If an employer attempts to force an agreement upon you without allowing you the opportunity to understand its terms, this practice may be challenged as being against public policy.

Before signing any arbitration agreement, consider consulting with a legal professional to explain the terms and implications. This ensures that you make an informed decision regarding your rights to resolve future disputes. Remember, while employers can require arbitration as a condition of employment, they cannot deprive you of your right to understand what you are agreeing to.

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