Announcement

Collapse
No announcement yet.

FAA (Federal Arbitration Act) California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • FAA (Federal Arbitration Act) California

    The companythat I work for attached a document to our pay checks.. I'll attach thedocument here so you can read. Many of us didn't sign it.. it seemed fishy. Weall know that the company has had many law suites, and believe lost most ofthem. They involved wages, wrongful termination and so on.. I guess what I wantto know is, do we have to sign this document? And most of all, what does thismean? Are we giving up some sort of rights? Please, if you are not sure on youranswers, say so..

    Thanks.


    Not sure if the document attatched :\
    Last edited by Dagvesper; 12-10-2011, 12:11 PM. Reason: PS

  • #2
    The document did not attach.

    Rather than posting it, why don't you give us a summary?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      I assume your question is in regard to the FAA.

      Also (besides info requested above), what type of business do you work for (not actual name of employer though) & what is your job/duties?

      Thanks.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        If the OP is asking whether her employer can lawfully require its employees to agree to have all of their prospective workplace disputes resolved through binding arbitration consistent with the FAA, the general answer is yes. For the most part, absent the existence of individual employment contracts and/or collective bargaining agreements, an employer can make such a unilateral change -- utilizing future compensation as consideration for this arrangement -- for its at-will employees.

        Comment


        • #5
          Maybe. Some employee rights such as overtime and minimum wage are statutory. It is not legally possible for employees to waive such rights. The employer imposing a forced arbitration requirement on employees as a condition of employment is not inherently illegal, but the abritration cannot force the waiving of legally un-waivable rights. This is maybe a "read the fine print" type of question. Maybe the agreement needs to be actually read by a local attorney to determine legality. This is maybe not so much a "yes/no" question, but rather a "that depends" type of question.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            I do not disagree with DAW. The best course of action for the OP is to consult with a local attorney so he or she can read the agreement and assess it based on federal and state law.

            Unfortunately, as a general matter, an employer can require that an employee have most of his workplace disputes resolved through arbitration as opposed to court. For instance, if a dispute exists over unpaid commissions and the employee wants to pursue a statutory wage collection claim himself, he would likely have to have an arbitrator, not a court, decide this dispute in light of the parties’ arbitration agreement. (In contrast, the arbitration agreement would probably not foreclose the employee from petitioning the state department of labor or equivalent state agency to pursue his wage claim on his behalf.)

            One final point warrants mentioning: Requiring arbitration is not a panacea for employers, particularly small to medium sized companies. For example, if the employee has a statutory claim, he or she will likely only have to pay the equivalent of a court filing fee towards the substantial costs of conducting and administering the arbitration. Consequently, the employer can find itself having to pay thousands, if not tens of thousands, of dollars in additional costs it would not have had to bear if it had allowed the employee to take his or her claim to court.

            Comment


            • #7
              Also, state law can be different from federal law and different from the law of other states. Yet one more reason to have a local attorney review the specifics of this "agreement". For example, CA commission rules are very different then the rules of many/most other states. And it is always possible that some state somewhere has rules on forced abritration agreements themselves as a conditon of employment.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                The employee has to sign the waiver

                Courts will have a huge issue enforcing arbitration clauses that were not fully executed, especially California courts.

                Eric

                Comment


                • #9
                  Espo, please watch the dates on the threads. We generally do not reply to old threads. Thanks.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

                  Working...
                  X