As a general rule, an arbitration agreement is presented at the time they are recruited (either as part of a longer employment contract or as a separate document). But sometimes a company decides to ask current employees to sign an agreement. In both cases, one often wonders: do I have to sign the agreement? If signing an employment contract is a condition of employment, whether you are a member of the company or you are already a worker, you must sign it if you want to have a job. Under California law and any other state`s law, an employer may refuse to hire (or fire you) if you refuse to accept all of your labor disputes. Many employers strive to take advantage of the various benefits of private arbitration by entering into arbitration agreements, either on a voluntary basis or as a condition of employment. Tillman worked for a retail store acquired by Macy`s in 2001. When Macy acquired the store, he set up his arbitration on the new store. Macy`s arbitration program automatically covered employees with an opt-out form. Shortly after the store was acquired, Macy`s sent a package to all employees to explain the process and provided the opt-out form. Tillman refused to receive the package. In 2006, Tillman received mandatory arbitration training and a brochure on the same subject. In 2007, Macy`s mailed another brochure.
Later that year, Macy sent another package containing the opt-out form. Tillman denied receiving the two mailings in 2007. Normally, you do not want an arbitration agreement. Simply put, it is your workplace that says, « Sign this and if you ever sue us, don`t do it in a real court with the American legal system, but we become this totally impartial guy of a company with which we have an agreement with which we have an agreement that listens to both parties and decides what is right « Arbitration is an alternative dispute settlement. , under which the parties agree to allow a neutral third party to resolve a conflict. The arbitrator`s decision is binding on the parties, on the basis of an agreement of the parties to be hired, and the decision can then be referred to a court as a binding solution of deprivation of rights or other rights at work. (For more information on arbitration, visit my work reconciliation page.) At the same time, California law requires that an arbitration agreement contain certain conditions to be applicable. For example, the employer must pay all arbitration costs, including fees for arbitrators that can easily be tens of thousands of dollars. And an arbitration agreement cannot limit an employee`s rights to « discovery » or damages that can be recovered. In addition, in recent years, state and federal courts in California have refused to impose provisions in arbitration agreements that prevent employees from filing a class action.
However, no court in California has decided that it is not appropriate to ask a person to sign an arbitration agreement.