arbitration agreements

Hi I am Employed at a major Electronics company. I have been working here for about a 1 1/2 years and on Thursday June 20th 2002 at 11:56am I was called into my managers office at the City of Industry store by the Assistant managers office John Goeyette and suspended for 3 days for not signing an Arbitration Agreement that the company wanted us to sign but on the suspention form it said will not conform to uniform company policy. Also he told me and it was stated on the form that If I do not conform and sign I will be terminated. Well this isn't the first time that I have declined to sign this form. I also declined about 7 or 8 months ago at the Anahiem store and nothing was done. After my suspention I went back to work at 8am on sunday the 23rd and about a half an hour later I got called in again this time he asked me " Did you take the time to reconsider and are ready to sign." I said no that I didn't think that it was right to force me to sign with the threat of my job. I also forgot to tell you that thursday when they were having everyone sign this they wouldn't let anyone get thier paycheck until they signed the agreement. I got my check because I wrote decline to sign on the paper and they didn't look at it and thought I signed it. Well anyway on sunday in his office after I told him I wouldn't sign he gave me a 5 day suspention. This where we are at now my suspention is over on friday and he said that is when I come in to work and they will tell me my fate with my job. Now I do have many witnesses about signing the agreement or no paycheck part even one of the people passing out the agreement to sign said he would be a witness if I needed. I did read the agreement which states that if I sign this form that I wave all rights to a jury trial and that the arbitrators decision was final. Can you help me and do I have a Case. If you need more Info please Call me or email me back.

Thank you very much

Carol

626-969-7947 Home
562-367-8631 Cell/voicemail

1 answer  |  asked Jun 26, 2002 7:26 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
arbitration agreements may or may not be illegal

carol, i was at the nat'l employment lawyers conference. sorry to take so long to answer your question. as you probably know by now, employers in increasing numbers are attempting to place all their employees' claims in arbitration. the courts are very busy examining this trend, and these agreements. some are legal, some are not.
if the agreement you were asked to sign is a legal one, you can be disciplined and even fired, for refusing to sign one. on the other hand, if the agreement is found by a court to be illegal, then any discipline, including termination, would be illegal. the problem of course is taking the chance whether the agreement is legal or not.
you say you work for a "major electronics company". if that company is circuit city, there is a lengthy history concerning their employment agreements, going all the way to the supreme court. if it is the same agreement that was found to be illegal recently by the ninth circuit court of appeals, you would not have to sign it.
in any case, you need to have the agreement you are being asked to sign examined by an attorney. if the company refuses to allow you to take a copy to a lawyer, that is additional evidence of illegality. if you have a copy, get to an attorney fast, who is experienced in employment law, and in particular with arbitration agreements.
i have successfully defeated three out of the last four agreements i've been required to challenge in court. if you still have not retained an attorney, please call me for an appointment.
good luck
janet m. koehn
805-658-0655

posted by Janet M. Koehn  |  Jul 8, 2002 8:59 PM [EST]

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