Legal Question in Employment Law in California
Employer has unsigned agreement to arbitrate
I was terminated from my employment because I refused to pay a debt incurred by my employer. I filed suit after obtaining a right to sue letter from FEHA.
The employer has filed a petition to compel arbitration with an unsigned arbitration agreement. They have attached a declaration from my supervisor claiming that all employees were given this document and told that they would be subject to the agreement no matter what, or would have to leave. I have never seen this thing before in my life, and would not have signed it anyways. I had worked for the company for 11 years up to the time period they are claiming this document was given to us employees.
Do I have to arbitrate?
Isn't this fraud?
2 Answers from Attorneys
Re: Employer has unsigned agreement to arbitrate
In most cases, California strongly supports arbitration clauses. However, compelling arbitration of employment agreements is very difficult unless very strict requirements are met. The employer has the burden of proof of showing that there was an agreement to arbitration. You should consult a local employment law attorney to see if you have grounds to oppose the motion to compel arbitration.
Re: Employer has unsigned agreement to arbitrate
If the employer can prove there is an arbitration agreement, then you probably would have to comply. Proving it was oral should not 'fly'. You can oppose their demand for arbitration by filing appropriate motions or opposition to their motions in court. If you don't know how to do these kinds of things, you are not going to be able to effectively pursue your case. Thus, most people hire an attorney to do what they are trained and experienced in doing. Contact me if interested in doing so, and to see if you have a case with a chance of success.
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