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Are California employers allowed to require you to sign ...


Sent to Legal Experts March 01, 2007 2:14 p.m.
Are California employers allowed to require employee(s) to sign binding arbitration agreements prior to any incident? And, if employee(s) sign how does it limit our rights?
Customer (name blocked for privacy)
Status: Closed   Value: $15   
Info Request
March 01, 2007 2:16 p.m. (1 minute and 40 seconds later) 		REPLIED to Info Request Check Mark

Hi and welcome,

What kind of incidents?

RL



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Picturervlaw  -- Lawyer (JD) -- 99% Positive Feedback on 3761 Legal Accepts
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
Reply to Richard V. Licata
Sent March 01, 2007 2:19 p.m. (2 minutes and 25 seconds later)
By incident, I mean prior to any court case that is pending.
Customer (name blocked for privacy)
Info Request
March 01, 2007 2:22 p.m. (3 minutes and 28 seconds later)

Well I don't think you mean pending since that means cases that are already in existence. But I'm concerned about arbitration clauses pertaining to injuries on the job....they would probably be unenforceable. Arbitration about some other disputes might be acceptable. If you have a copy of the arbitration clause, I would be happy to review it.

Rich Licata



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Picturervlaw  -- Lawyer (JD) -- 99% Positive Feedback on 3761 Legal Accepts
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
Reply
Sent March 01, 2007 2:24 p.m. (1 minute and 53 seconds later)
Do California Employees have to sign a binding arbitration agreement with their employer prior to knowing how it could limit our rights?
Customer (name blocked for privacy)
Reply
Sent March 01, 2007 2:25 p.m. (1 minute and 13 seconds later)
What is your fax number? I can fax you a copy. THANKS.
Customer (name blocked for privacy)
Info Request
March 01, 2007 2:27 p.m. (2 minutes and 10 seconds later)
(323)395-5572

__________________
To request me for NEW QUESTIONS IN THE FUTURE, just begin with "THIS IS FOR RVLAW"


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
Picturervlaw  -- Lawyer (JD) -- 99% Positive Feedback on 3761 Legal Accepts
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
Reply
Sent March 01, 2007 2:36 p.m. (8 minutes and 40 seconds later)
I can't get the fax to go through. Is your line busy?
Customer (name blocked for privacy)
Reply
Sent March 01, 2007 2:41 p.m. (5 minutes and 20 seconds later)
2 page Binding Arbitration Agreement Faxed.
Customer (name blocked for privacy)
Reply
Sent March 01, 2007 3:03 p.m. (21 minutes and 48 seconds later)
Did you receive my fax? Please respond.
Customer (name blocked for privacy)
Answer
March 01, 2007 3:32 p.m. (28 minutes and 39 seconds later) 		REPLIED Check Mark

I have it. Here's the issue. On one hand the agreement is fair. While the first long paragraph provides for a rather complete waiver of rights, the second long paragraph redeems the agreement significantly by incorporating the terms of the Federal Arbitration Act, the CA court rules of pleading, etc. I DON'T like the fact that the arbitrator's award is non appealable. Most arbitration clauses allow for appeals at very least if you can show that the decision was "arbitrary and capricious". Standing back from the agreement as a whole.....is it legal? Yes. You ask "can they force you to sign it". the answer is that you have a choice. If you want to work for this company, this is their policy. If you don't want to give up these rights, then it's the wrong company for you.

Rich Licata



Edited by Richard V. Licata on March 1 2007 at 3:40pm

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Picturervlaw  -- Lawyer (JD) -- 99% Positive Feedback on 3761 Legal Accepts
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
Reply to Richard V. Licata
Sent March 01, 2007 3:57 p.m. (25 minutes and 38 seconds later)
Is this your opinion on NY state law or CA state law for employment rights?
Customer (name blocked for privacy)
Answer
March 01, 2007 4:05 p.m. (7 minutes and 24 seconds later) 		ACCEPTED Check Mark

It's not an opinion based on a specific state law. It's my view based upon my reading of the agreement; my knowlege of the law generally; the fact that you can simply refuse to work for the company; and that it does not contain anything that would be clearly against public policy, such as a clause that would relieve the company of liability for responsibility for injury suffered on the job.

Rich Licata



__________________
To request me for NEW QUESTIONS IN THE FUTURE, just begin with "THIS IS FOR RVLAW"


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
Picturervlaw  -- Lawyer (JD) -- 99% Positive Feedback on 3761 Legal Accepts
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.

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