Could you, please, tell me if I have right to refuse to sign mediation/arbitrary agreement that my boss wants me to sign?

My boss wants me to sign anagreement that I will never sue him/company, only to take him to mediation/arbitration. I do not like that and I’d like to know if I have right to not sign without getting fired?

Asked on September 17, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, unless you already have an employment contract, which specifies the grounds or process for termination, if you refuse to sign the agreeement, you can be fired. That's because without an employment contract, you are an employee at will. As the term implies, an employee at will may be fired at any time, for any reason whatsoever--including for not signing an agreement providing for alternative dispute resolution (mediation/arbitration, instead of a lawsuit). Employees at will have essentially no protecion from termination. Thus, your boss can require you to sign this agreement, on pain of being terminated.

If you have an employment contract which addresses termination, then you can only be fired in accordance with its terms and provisions.


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