Law Offices of Mitchell Schley, LLC

New York and New Jersey Labor and Employment Lawyer

197 Route 18 South
South Tower – Suite 3000
East Brunswick, NJ 08816
Phone: (732) 325-0318
Fax: (732) 325-0317

245 Park Avenue, 39th Floor,
New York, NY 10167
Phone: (212) 672-1848
Fax: (212) 372-8798

mschley@schleylaw.com

Contact us for a free telephone consultation at

(732) 325-0318

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Weekly

Weekly

Topic of the Week  Forced Arbitration: Be Prepared

 Things to consider before signing an arbitration agreement: 

  • Know what you're getting into
  • Ask questions
  • Consult and attorney
  • Keep a record
  • Make cost concerns known
  • Tell them your motives

Forced Arbitration: Be Prepared

No employee is legally required to sign an arbitration agreement. However, employers often condition valuable benefits - such as getting or keeping a job - on your "agreement" to submit claims to arbitration which otherwise could have been presented to the public court system. Usually such agreements provide that you have no right to go outside the arbitration system and present your claims to the public courts. In forced arbitration situations, your job may depend on accepting such a provision: your only other choice is to not take the job.

If you've been asked to sign an arbitration agreement, and consent to using arbitration to resolve disputes with your employer instead of exercising your right to use the court system, here are some things to consider before you agree.

Know what you're getting into. You have a difficult decision to make, although it may not matter whether you sign the "agreement" or not. If you continue to work after you are informed that a forced arbitration agreement governs your employment, you may be bound by it, even if you refuse to sign it. If you quit - or if you are fired for refusing to sign the "agreement"- you may not have any grounds to sue. This depends on several factors about your situation. If you do sign it, you will probably be stuck with arbitration as the only method of legal redress for any job related problems.

Ask questions. Ask your employer whether you have a choice to sign the agreement.

Consult an attorney. Have it reviewed by legal counsel to determine whether it's enforceable in your jurisdiction.

Keep a record. Make careful notes of any conversations you have with your employer about modifying or not signing the agreement.

Make cost concerns known. Let your employer know, and document, that you are concerned about the additional costs of arbitration.

Tell them your motives. If there is a way, without jeopardizing your employment, to indicate that you're only signing the document to keep your job, rather than voluntarily consenting to arbitration, then do so. However, you must carefully balance your interest in challenging the policy with your interest in keeping your job, so you may wish to consult with an attorney before taking this step.

Thought of the Week

"When disputes arise over pay, working conditions, or whatever else, workers must now face off against their employers one-on-one. If that sounds like an unfair fight, it is."

–Alan Blinder, economist, discussing recent SCOTUS decision permitting class action waivers in employment arbitration agreements

Weekly Comic by Jerry King

Blog of the Week

Workplace Deaths Are Rising. Trump-Era Budget Cuts Could Make It Worse.

In an alarming development in the world of workplace safety, the latest statistics reveal that the number of accidental deaths on the job in America is on the rise, reversing the longer-term trend toward fewer fatal incidents.

Top Five News Headlines

  1. The Deceptive Campaign to Keep D.C. Service Workers Underpaid
  2. Tesla Severance Offer Draws the Line on Worker-Safety Concerns
  3. Pregnancy Discrimination Is Rampant Inside America’s Biggest Companies
  4. Supreme Court Decision in Janus Looms Over Critical Public-Sector Jobs and Public Services
  5. Starbucks Discriminates Against Older Workers, According To Former Employees

List of the Week

from Workplace Fairness

 Top Five Discrimination Searches This Week: 

  • Sex/Gender discrimination
  • Relgious discrimination
  • Proving discrimination
  • Language discrimination
  • Pregnancy discrimination

Archive

Law Offices of Mitchell Schley, LLC
197 Route 18 South, South Tower – Suite 3000, East Brunswick, NJ 08816 • Phone: (732) 325-0318 • Fax: (732) 325-0317
245 Park Avenue, 39th Floor, New York, NY 10167 • Phone: (212) 672-1848 • Fax: (212) 372-8798
mschley@schleylaw.com
Contact us today »