What can happen if an employee refuses to sign a mutual agreement to arbitrate claims?
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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 12 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.
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