Arbitration Agreement

[J.G.]

Jurisdiction

California

After 20 years of employment with my company they drew up an Arbitration Agreement and it was hand delivered to each employee. For me, it was a previous supervisor but not mine. He waved it at me, and said, after I asked him what it's about, he said that its if there are any issues with the company. I asked if I could read it and he said that 'they' were in a hurry to turn it in, I asked if I could have a copy but he said the same thing, showed me where to date and initial. I almost instantly regretted it. But I also thought it might just be ' right to Arbitration'. A co-worker of mine sneaked a copy to me a few days later. My regret was not unfouned. It was an 'only right to Arbitration' agreement with the words 'employee and company desire arbitration...in the best interest economically for both employee and company... I am going in on monday to have it 'torn up' because I do not agree with this agreement or desire arbitration only if I want to take legal action in the future. I did not understand what I signed at the time I signed because he wouldl not let me read it and I felt rushed and pressured to just sign, making me think it was mandatory because he did not feel the need to explain in detail or let me read it. Other employees are complaining as well. Since it is not a part of continued emplyoment I think I have the right to have this agreement dissolved. Am I correct?

 

[army judge]

I did not understand what I signed at the time

People who sign anything before reading everything often have regrets.

The horse no longer occupies the barn, somehow she escaped.

You are free to speak to lawyers, even dozens of lawyers to seek redress.

All you had to do was simply say, "I can't sign anything until it has been reviewed by my attorney."

You chose to sign, regrettably for you.

Frankly, you'll probably never end up in arbitration, as such litigation is rare.

If you are discriminated against because of your religious practices, for example, arbitration is meaningless.

I wish you well, but don't beat yourself up over something that will mot likely NEVER come to pass.

I think I have the right to have this agreement dissolved. Am I correct?

My new friend, don't stress over this.

If I were you, I'd simply remain silent, even as others chatter about this.

I certainly don't condone doing it the way your employer did.

That said, unethical employers very often can't retain ethical employees.

It might be time for you to dust off the old resume, and see how many fish bite.

In this economy, an ethical, talented person should have no problems getting a dozen offers within a month.

 

[adjusterjack]

Am I correct?

No. LOL. After 20 years you don't understand how work works? It's not going to get torn up. If you (and others) raise a stink about it, it won't bode well for your future with the company.

If you ever have to sue your employer for something (then becoming an adversary) you'll have to petition the court to void the arbitration agreement under any legal theory that might be appropriate at the time.

I do not agree with this agreement or desire arbitration only if I want to take legal action in the future. I did not understand what I signed at the time I signed because he wouldl not let me read it and I felt rushed and pressured to just sign, making me think it was mandatory because he did not feel the need to explain in detail or let me read it.

That's on you. In the future, when somebody puts a paper in front of you and says "Sign it, I'm in a hurry", there is a moment when you have the paper in your hand. That's when you say "Wait, while I read this." As long as you hold the paper you are in control and can fold it up and put it in your pocket and say "I'll get back to you on this." That also gives you the opportunity to make a copy of it.

 

[Zigner]

Anyone with a cell phone in this day and age has the ability to get a copy of any document they sign.

 

[zddoodah]

Am I correct?

No, but the agreement, as you have described it, may not be enforceable. Feel free to let your feelings be known, but it's not likely something you need to be concerned about unless you think you might want to sue your employer.