Legal Question in Employment Law in California

Arbitration

When I applied for employment on the back page of the application it state that'' I undestand by agreeing to this binding artitration provision, Both I and the comapny give up our rights to trial by jury.'' I had no other choice except to sign to be employed. If I didnt sign I couldnt be hired , now my employment was wrongfully terminated. I was discriminated , demoted etc. and wrongfully terminated.

If I sue the company for the above mentioned violations, could my attorney file a lawsuit go to trial and can I be judged by a judge since I gave up the right to trial by a jury? or I will ended up going to arbitrator? I read so many articles and Arbitrator favors the employers and my chances of winning is very slim to none, eventhough I have overwhelming evidences.

Again, I had no choice except to sign the binding arbitration to be employed, I felt I signed under pressure. How much my signature affect my case? Your opinion is appreciated.

Regards


Asked on 8/21/07, 5:49 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Arbitration

You are likely bound to arbitration; you signed the agreement. You could fight it if you like, at substantial cost, but the chance of success of winning that fight IS 'slim to none'. Arbitration requires most of the same work and procedures as a civil litigation case, and is heard and decided by one or more retired judges. Companies prefer arbitration because no jury is involved, and it is binding, meaning no appeal. What you've read in the mass media is irrelevant to your case, and seldom accurate. You either have a good case or you don't. If you do, feel free to contact me if interested in getting legal representation. I've been doing employment law for over 30 years.

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Answered on 8/21/07, 6:12 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Arbitration

Welcome to the world of forced arbitration, where employees, consumers, patients and most of us, without even knowing it, are required to sign arbitration agreements in order to work, receive medical care, get credit cards and obtain other services. If these agreements are drawn up properly, they are binding. You will need to have your specific agreement reviewed by an attorney in order to get an opinion in your case. But the odds are, your employer paid a lot of money to a lawfirm to get it right.

You should know that there is an effort before Congress to change this obsession of forcing people to give up their right to a trial by jury. I would encourage everyone who feels strongly enough about this to contact their congressperson and tell them of the unfairness done to them or share their opinion and urge them to support a change in the law to restore their basic right to a jury of their peers.

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Answered on 8/21/07, 6:25 pm


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