February 12, 2024

Arbitration Agreement

What is an arbitration agreement?

Typically, an arbitration agreement is a clause in a broader contract where you agree to settle out of court through arbitration if any disputes arise with your employer.

What is Arbitration?

Arbitration is a procedure where parties, in this case you and your employer, settle disputes by going to a neutral 3rd party, usually a retired judge instead of suing them in court. Employers love arbitration because they get to tip scales in their favor. First, arbitrations are usually private, which means no matter how egregious the violation you are complaining about, they don’t have to worry about bad publicity. Second, most arbitration procedures allow only limited “discovery,” or the right to collect evidence from the other side, so you may not be able to prove your side of the story. Finally, they often require you to deal with only your individual grievances, and do not typically allow you to combine claims or apply penalties for others.

By utilizing a paperless database at our firm, we have faster, more efficient access to the information our clients need. With us on your side, you will have a clear understanding of the details of your case and what it will take to help you reach your legal goals.

“A shield for employers, a hurdle for justice. Privacy masks injustices, while limited discovery dims truth's light. In isolation, collective power fades."

Can my employer fire me or choose not to hire me if I don’t sign the arbitration agreement?

BUT, you have to know your rights. The same law also says that such an agreement is valid and enforceable if you sign it, even if they unlawfully made it a requirement. Once you sign it, it may be too late to get out of it, even if you did not know it was illegal to require you to sign it. Some exceptions and nuances to this exist. If you have questions about arbitration agreements, or think you may have signed one and are concerned what your rights may be, then contact us.

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March 8, 2024

Arbitration Agreement

What you need to know before signing an Arbitration Agreement?

Many companies are presenting new and current employees with arbitration agreements due to recent law interpretations. These agreements can be complicated and confusing – before you agree to sign them it is important to understand how they impact your rights. We’ve outlined below what you need to know before signing an arbitration agreement.Importantly your employer can not retaliate against you for refusing to sign an arbitration agreement – before you sign an arbitration agreement contact us.

Call us now at (800) 437-7991 or chat with us.

We’ll be able to review your agreement and help you secure your rights.

Chat with us

What is an arbitration agreement?

Typically, an arbitration agreement is a clause in a broader contract where you agree to settle out of court through arbitration if any disputes arise with your employer.

What is Arbitration?

Arbitration is a procedure where parties, in this case you and your employer, settle disputes by going to a neutral 3rd party, usually a retired judge instead of suing them in court. Employers love arbitration because they get to tip scales in their favor. First, arbitrations are usually private, which means no matter how egregious the violation you are complaining about, they don’t have to worry about bad publicity. Second, most arbitration procedures allow only limited “discovery,” or the right to collect evidence from the other side, so you may not be able to prove your side of the story. Finally, they often require you to deal with only your individual grievances, and do not typically allow you to combine claims or apply penalties for others.

By utilizing a paperless database at our firm, we have faster, more efficient access to the information our clients need. With us on your side, you will have a clear understanding of the details of your case and what it will take to help you reach your legal goals.

“A shield for employers, a hurdle for justice. Privacy masks injustices, while limited discovery dims truth's light. In isolation, collective power fades."

Can my employer fire me or choose not to hire me if I don’t sign the arbitration agreement?

BUT, you have to know your rights. The same law also says that such an agreement is valid and enforceable if you sign it, even if they unlawfully made it a requirement. Once you sign it, it may be too late to get out of it, even if you did not know it was illegal to require you to sign it. Some exceptions and nuances to this exist. If you have questions about arbitration agreements, or think you may have signed one and are concerned what your rights may be, then contact us.

FAQ's

How do I know if I should seek legal representation?

If you're facing an employment dispute, seeking legal representation is advisable.Signs include unfair treatment, discrimination, or wrongful termination. Schedule a consultation with us to discuss your situation and determine the best course of action.

What documents should I have when I speak with you?

When you consult with us, bring any relevant documents such as employment contracts, termination letters, pay stubs, and communication records with your employer. These documents help us better understand your case and provide informed advice.

What kind of damages can I recover if I win my case?

Damages in a successful employment dispute can include back pay, front pay, compensatory damages for emotional distress, and, in some cases, punitive damages. The specific damages depend on the nature of the case, and we will guide you through the potential outcomes during our discussions.

What happens at the beginning of the litigation process?

At the outset, we request your employee file from your employer. This file includes crucial documents like handbooks, personnel files, agreements, and communications. We review the file to assess the strengths and weaknesses of yourcase, typically taking 45-90 days.

What occurs during the pre-litigation stage?

In this stage, we analyze your employee file, conduct research, and draft a demand letter outlining potential claims to your employer. If negotiation is possible, we may resolve the case without filing a lawsuit. The pre-litigation stage can take 30-90 days or more, depending on case complexity.

What happens if negotiation fails during pre-litigation?

If negotiation isn't successful, or if the defendant is unwilling to negotiate, we move to the litigation stage, which can last 6 months to 2 years or more. It involves filing a lawsuit, engaging in discovery, and potentially proceeding to trial.

What does the litigation stage entail?

The litigation stage involves filing a complaint, engaging in discovery to gather evidence, and potentially going to trial if an agreement cannot be reached. The duration varies, lasting 6 months to 2 years based on case complexity.

Are there alternative dispute resolution options?

Yes, alternatives include arbitration and mediation. Arbitration is required if you signed an agreement with your employer, offering a faster resolution. Mediation is avoluntary process where both parties meet with a neutral third party to settle the case.

How does Frontier Law Center support clients throughout the process?

We keep you informed, answer your questions, and provide guidance and support at every step. Contact us anytime if you have concerns or queries. We are here to fight for your rights and help you navigate this challenging time.

Can you guarantee a specific timeline or outcome?

Every case is unique, and factors may affect timelines or outcomes. While we
strive to provide accurate estimates, there are no guarantees. We promise to keep
you informed, work efficiently, and strive for the best possible resolution.

Call us now at (800) 437-7991 or chat with us.

Schedule a free consultation about how to proceed with your case.

Chat with us