Legal Question in Business Law in Michigan

arbitration refusal

I have a 30 staff dental office in Michigan. I rcently updated my employee manual with an arbitration agreement in case of any disputes. One employee refuses to sign due to the arbitration clause. She has been employed for two years. Is this in effect a resignation? Allowing her to work without signing would affect the binding force of my policies with the entire team. If she leaves under these conditions, am Iopen to be sued for this?


Asked on 6/08/08, 11:14 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: arbitration refusal

Unless you have a provision already in effect whereby her refusal to acknowledge new policies constitutes a resignation, then no, it is not an automatic resignation.

Furthermore, her unwillingness to sign off on the policies (or otherwise agree) is irrelevant. You, as the employer, are free to implement new policies at any time, and as long as you provide her notice of them, and their effective date, you have done your job - you do not need her approval. Generally employers can have the employee "acknowledge" receipt of the employee manual/guidebook, but that is only an acknowledgement. Again, you do not need her approval to implement a new policy.

I don't think she would sue you if she left for that reason - that would be very silly, and what are her damages if she voluntarily leaves now? Nothing. It was her choice. It's not like you implemented the policy to avoid a pending lawsuit from her re: something that already happened.

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Answered on 6/09/08, 4:33 pm


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