Legal Question in Employment Law in Florida
Employment Contract and Arbitration
My wife has been unemployed for 9 months and was recently made a job offer. The day after she started working for the company, she received her ''new employee'' packet in the mail. In there was an arbitration agreement, which I don't think she should sign. She's already signed an employment agreement that has a non-compete clause that is a bit excessive, but nothing was said about the arbitration agreement. We're concerned that if she does not sign it, they will hold her pay or even terminate her.
Your advise would be greatly appreciated.
2 Answers from Attorneys
Re: Employment Contract and Arbitration
Your wife's employer is legally free to require her to sign both the non-compete and the arbitration agreement. Florida law provides that her employment is "at-will," which means that her employer may terminate her employment for any reason (good reason, bad reason or no reason at all) at any time. Nonetheless, it is possible that the arbitration agreement may ultimately not be enforceable. Either way, if she wants to continue to work for this employer, she will have to follow their instructions regardless of how unfair some of them may seem. I know this sounds like she has no rights, but in truth, that pretty much sums up ees vs. ers, especially in Florida. For further assistance, please feel free to contact me at (305) 755-9441.
Re: Employment Contract and Arbitration
You are right to be wary of signing these agreements. However, the damage is done because the non-compete is the one that waives important rights, i.e., it limits your wife's job options after leaving her current employer.
The arbitration agreement probably only says that cases must be arbitrated, not brought in court. There are pros and cons to this, but your wife would still have her day before a neutral adjudicator (the arbitrator) should she need to bring a claim.
Your wife should consider discussing with the employer whether the second agreement is necessary, but I would not sacrifice her job over it.
She should also revisit the non-compete and see exactly what she has agreed to, and whether she wants to repudiate it by not agreeing to the arbitration contract and not taking the job. (Probably not a good option since she has been out of work for a while.)
If you need a lawyer to review the agreements and advise her, I would be happy to help for a small, flat fee. I would also be glad to discuss the matter without charge to help her decide how to proceed. Feel free to call.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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