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Who Pays for Forced Mandatory Arbitration in CA?

Discussion in 'Employment Contracts & Work Policies' started by JD57, Apr 13, 2012.

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  1. JD57

    JD57 Law Topic Starter New Member

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    I sign a independed contrctor Forced Mandatory Arbitration Agreement to get the job.No where in the agreement does it says who pays for abitration.
    Public Law Services thinks the company should pay. Is this correct. Thank you
     
  2. esteele

    esteele New Member

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    You signed an “independent contractor (sic) Forced Mandatory Arbitration Agreement”? Not trying to nit pic. However, could you supply the actual written description of the document you signed?

    Assuming you signed a standard mandatory arbitration agreement prepared by your employer, then the American Arbitration Association would likely assess your employer with the lion’s share of the costs of its administration and the arbitrator’s fees if (1) your employer unilaterally imposed the obligation to arbitrate on its workers pursuant to an “employer-promulgated plan,” and/or (2) you, OP, did not have the practical ability to negotiate the terms and conditions of the arbitration agreement. As a result, such employers have to pick up most of the arbitration tab in virtually all employment related disputes (not just those cases involving statutorily protected rights).

    If, for example, OP, you seek to sue your employer down the road for failing to pay your commissions, then you would likely only have to pay the equivalent cost of the filing fee (e.g., $500) for a lawsuit at your local, general jurisdiction courthouse. In contrast, your employer would have to absorb the tens of thousands of dollars to cover the AAA administrative fees and the arbitrator’s fees.
     
  3. Katkat

    Katkat New Member

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    I sign the same thing.. Was dis for AMW sellin wax cleanin product.. Need informatin . Feel like i got ripp off n i cant sue due to wut i sign
     

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