You’ve got the job and finally signing documents to legalize your employment. Simultaneously, there is a mountain load of paperwork to sign, including payments for overtime, which is mandatory in arbitration agreements. You need to take a good look at those papers before starting any new job.
An employee signing an arbitration agreement promises to pursue any legal claims against the employer with the arbitration, instead of a lawsuit. Initially, it may not sound like a big deal when you’re on the threshold of beginning a new job and don’t think there are likely to be any legal disputes on the horizon. But in case you experience a workplace violation, the arbitration agreement may turn out to be problematic for you.
Legal disputes and verdict
If you sign on to an arbitration agreement, the work-related legal disputes will not be judged by a jury consisting of peers. Instead, it will happen in the presence of an independent arbitrator employed by the employer. According to the Economic Policy Institute, by the year 2024, about eighty percent of all American workers will have to sign on a condition of employment.
Arbitration agreements often do away with your jury trial rights for all your employment-related claims, such as the Fair Labor Standards Act, Title VII of the Civil Rights Act, and the Family Medical Leave Act. You need to resolve your issues with arbitration if you have been cheated on your wages, fired without any specific reason, injured, or standing up for racial abuse,
The other side of the agreements
Over the years, most employers have become adept at hiding the nitty-gritty of such agreements. A few of these agreements are private as part of another agreement like a non-disclosure agreement. If you sign the handbook, very often, you may find it covers arbitration agreement too. In some USA states, especially in California, you cannot hide an arbitration argument, so you are unlikely to miss them.
When can your employment terms be terminated?
Studies report that employees usually concur smaller damages, in arbitration than equal claims. If you lost your employment after complaining about work environment or discrimination, an arbitrator could dole out awards less than a jury of your peers.
Arbitration arguments also may hide the facts related to a lawsuit. You may be unable to procure the emails, policies, and other facts as evidence to present before the arbitration court. You may also be unable to find out about other such cases in the archives, as arbitration cases are confidential.
Understanding your legal options
What happens when you do not sign the document, and hence you don’t get the job. In the latter case, you would rather want the job and hence sign on the agreement. However, you can do a few things to protect yourself from possible future fallout.
Note down, that you have expressed your dissent of not signing the document and still had to. Ensure there is a paper trail. Otherwise, the proof of it will be entirely circumstantial. Drop an email, hence recording your dissent and saying you are not comfortable with the entire situation, waiving your right to a jury trial. You are doing so because you have a family to feed and need to sign the agreement to get the job.
Know your rights
Be extremely careful of the employer’s terms and conditions. It would help if you also looked for the office’s common devices, including company computers, phones, or other devices. Besides that, you should also examine the document retention policies of your employer. Watch your back, know your rights, and speak up if need be. Remember, you have every right to speak up, if things are not going in your favor, or your employers are condoning injustice against you.
If you think that you don’t have enough right to fight for your cause, don’t lose hope. There is a law that may make its way soon. Yes, we are talking about the Restoring Justice for Workers Act. When it happens, this law may eliminate the pre-employment arbitration contracts, but it is just the beginning. There are miles to go before it becomes an act. For now, you can be aware of your employers’ rules but don’t be afraid to stand your ground.