Legal Question in Sexual Harassment in California
"Binding Arbitration Agreement" v. right to sue?
I am currently pursing an "alternative dispute resolution" following my complaint of sexual harassment and subsiquent termination. My atorrney recommends setteling (for 9 months pay) and warns me of my pre-employment waiver to sue the company (binding arbitration) in the case of disputes. Do I forfiet my right to sue? I would like a second opinion and I would also like to consult a litigation specialist.
Thank you!
2 Answers from Attorneys
Re:
Once you settle you do give up your right to sue the company. You stated that you signed something precluding you from suing your employer it seems that once they refused to do anything about the sexual harassment they were asking to be sued and this agreement may not hold up in court. If you would like additional information please feel free to contact my office at 888-563-8529.
Re:
There have been some recent court decisions upholding such arbitration agreements. Your attorney is probably right on the settlement.
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