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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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