Legal Question in Employment Law in Florida
Arbitration contracts/are they legal?
If an arbitration agreement is required & signed prior to employment, that states you are giving up your constitutional right to sue, if the company violates the FMLA policy, is there a loophole to void the contract?
1 Answer from Attorneys
Re: Arbitration contracts/are they legal?
I have seen it argued that a pre-employment arbitration contract is void because it is signed under duress .... that is you needed the job and had no option but to sign it at the time. However, it is my opinion that argument is a long shot, at best. Some courts, including those in Florida have at times upheld certain types of pre-employment arbitration contracts as valid. I suggest you contact a labor attorney in your area to review your specific arbitration agreement or get it touch with the Department of Labor that enforces the FMLA (they have a web site at www.dol.gov). Good luck.