What can happen if an employee refuses to sign a mutual agreement to arbitrate claims?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What can happen if an employee refuses to sign a mutual agreement to arbitrate claims?

The company I work for has told us, the workers, that we have to sign a mutual agreement to arbitrate claims. On the paper it states that signing is voluntary, but one of the workers has already been told that if she doesn’t sign she will be fired. Can I legally be fired for not signing even though the paper says otherwise? They are trying to convince the workers that the paper is nothing bad even though it states that the workers lose their right to trial.

Asked on February 26, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you can be required to sign an arbitration agreement, upon threat or pain of being fired if you do not; the employer may make signing such an agreement a term or condition of employment and terminate anyone who does not comply.

The agreement is voluntary in the sense that you do not have to enter into it--nobody is putting a gun to your head, or getting a court order requiring you to sign. Rather, you are being given a choice: sign the agreement and continue to work here, or do not sign and seek other employment. If you sign, in the eyes of the law, that is voluntary, because you chose to sign in order to continue employment.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption