So my work is trying to make all of us sign this binding arbitration agreement saying we cant sue the company outright. We have to go to an arbitrator of their choice and follow a lot of other rules that all seem in their favor. They said if we dont sign it we no longer have a job here. My question is can you force a current employee to sign something like that by threatening them with their job and would it hold up in court if it ever came to that. Dont get me wrong, I have no intention of ever suing my company but I dont like signing my rights away either.
Yes, it's called "conditions of employment." If you are at-will, they can be changed at any time. If they are doing it to everyone in your job category, you can't claim discrimination. If they are doing it to everyone, absolutely yes. If you don't like what they are doing, your primary option is to quit before you're fired. That's what I would do - I would never sign such an instrument if it is as you described. Your other option is to try to convince all of your fellow employees to refuse to sign, thus staging an employee revolt. If someone caves you're SOL, and if they find out it's you who instigated the revolt, you can be terminated for insubordination. Again, if it were me, I'd make my feelings clear by handing in my resignation.
This is all correct. However, arbitration does not mean you are going to get screwed if you do have a claim against your employer. Arbitrators must still be fair, the company is most likely trying to keep itself from paying a huge jury award for damages if something were to go to trial. Arbitration results are binding but not free from appeal.
It's likely going to depend on what state you live in. Like I'm with Stupid indicated, if you work in an "at will" state (like Florida) the answer to both your questions are genrerally "yes."
That was my question to. I think it stems from some jackass writing an anonymous letter to the owner talking about unfairness in how the work is dispatched and certain people making more money etc.. Seemed like prelude to a lawsuit down the road. Im gonna sign it but Im also keeping the email that says if you dont your fired. I dont think the agreement would hold up being signed under a threat like that. If jobs making this much money were easy to come by I would quit but for the most part I like it here.
So how many of you guys actually researched this? And how many are giving legal advice without knowing what they are talking about?
Not to sound like an ass, but if that is your belief then why'd you ask? You received three answers that were pretty much the same...two of which were from attorneys (and I suspect the other response was from an attorney as well.) Just sayin.
At least insofar as Florida is concerned, my response didn't require any research. Pretty sure I know what I'm talking about.
Not sure I agree with this... I'm not a labor law guy but I have a feeling that may be protected activity under the NLRA.
I thought arbitration was governed by federal law? 9 U.S.C. Section 1 if I remember right. Not 100% sure, arbitration is not in my normal practice area and employment law is only a small bit of what I do. Then again, employment law is state law so I guess if that was what you were talking about then you are probably right. I know nothing about Florida law other than the quick bit of research I did in answering this question.
I think the crux of the OP's question was can they fire me if I don't sign the agreement to arbitrate and under the Florida at-will doctrine, the answer is yes. They can fire you for any reason the employer pleases unless you have an employment agreement to the contrary or the cause of the dismissal would otherwise be protected... e.g., it's a racially discriminative discharge (I fired the guy becuase he's black, Mexican whatever.) I believe there is also a Federal Arbitration Act for matters that would otherwise be in Federal Court but most states have their own arbitration act as well that usually address the procedural aspects of arbitration (notice, binding effect, award, entry of judgment on award etc.) My comment about the National Labor Relations Act was in response to whether or not "concerted employee efforts" such as trying to drum up support from other employees in not signing the arbitration agreement would be protected. its' been fifteen years or so since I took a look at any of that type of stuff... not a lot of labor unions around here ya know. We're going to bore the shit out of everybody with this. You know that don't you.
I was refering to the applicability of enforcement of the arbitration agreement since he was being "forced" to sign it. Yes, some may find this very boring.
I'm not the only tattoo'd lawyer I know. I also have a rather unique one of two dancing skeletons dressed up in bride and groom garb (El Dia de los Muertos style) with Aztec glyphs of my wedding date and my children's birthday around it on my left arm. It's my fav.
