Legal Question in Employment Law in California

I was handed an arbitration agreement last night at work and told either i sign it or I give them my 2 weeks notice. Is it legal to force me to sign or quit?


Asked on 10/25/11, 12:53 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

yes. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

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Answered on 10/25/11, 1:28 pm

Unfortunately, this is completely legal and allows the company to completely eviscerate your constitutional right to a jury trial, even in cases of illegal discrimination and harassment. There is pending federal legislation, called the Arbitration Fairness Act, seeking to eliminate this unfair circumstance in the employment and consumer contexts. There are also constant legislative efforts by California employment attorneys to pass similar state legislation. I would urge you to contact your Congressperson and state legislators and let them know that eliminating forced arbitration in the employment context is an issue you are passionate about.

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Answered on 10/25/11, 1:38 pm


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