Can I be fired for refusing to sign away my right to a jury trial and submit to binding arbitration?

The company I am employed at just
brought in a ‘PEO’, and they want us
to sign all ‘new hire’ paperwork, and
said we are now their employees. In
the paperwork, they require us to sign
away our right to a jury trial and submit
to binding arbitration. I do not feel
comfortable doing this, but can I be
fired for refusing to sign? This is in
California, and I believe the employer
has brought this company in, to assist
in the many lawsuits being filed against
it for its labor law violations.

Asked on April 2, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can be fired for this reason. Requiring others to sign an agreement choosing arbitration over a jury trial is generally legal (you see this often in insurance policies and other contracts with commericial entities); an employer may ask its employees to do anything which is itself legal; if an employee refuses to follow a legal instruction from an employer, he or she may be terminated.


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