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

UPDATED: Sep 17, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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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