Legal Question in Employment Law in California
Arbitration Agreement: Waiver Of Constitutional Rights & ''Heavyhandedness''
My employer is demanding (requesting, but seems like a demand) I sign an arbitration agreement. This wasn' a condition of my initial employment.
One section states (all in capitals): EMPLOYEE AND EMPLOYER KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL RIGHT TO HAVE ANY DISPUTE BETWEEN THEM DECIDED BY A COURT OF LAW AND/OR BY A JURY IN COURT.
How can a contract to sign away a constitutional right be enforceable? Aren't constitutional rights absolute, and ''above'' any other law?
Can my employer make signing away my rights a condition of continued employment? Of future promotion? Of future compensation increases?
If I feel compelled to sign out of fear of losing my job, isn't that ''heavyhanded?''
The contract has a section stating: Should any part of this Agreement be found to be unenforceable, such portion will be severed from this Agreement, and the remaining portions shall continue to be enforceable.
I thought any illegal ''part'' of a contract rendered the whole unenforceable.
Is it worth the (huge) cost to me to submit the contract to a lawyer's inspection, or am I just screwed anyway because I'm ''the little guy''?
How can I trust any arbitrator? Won't they just side with the party with the deeper pockets (not me)?
1 Answer from Attorneys
Re: Arbitration Agreement: Waiver Of Constitutional Rights & ''Heavyhandedness''
If you sign, it is enforceable, and you waive your right to court. You are not the first to have the problem. Arbitration agreements are not loved by most attorneys, except defense firms. It is a grey area whether the company can condition your continued employment on signing.
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