Required Arbitration Agreement vs. Opt Out

This is a discussion on Required Arbitration Agreement vs. Opt Out within the Employment and Labor Law Questions forums, part of the Legal Questions & Answers Forum category; Hello, The company I work for has required the employees to sign a statement saying that we will not sue the company for any disputes and are limited to using ...

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    Required Arbitration Agreement vs. Opt Out

    Hello,
    The company I work for has required the employees to sign a statement saying that we will not sue the company for any disputes and are limited to using an arbitrator only. There is an Opt Out for us to take advantage of within a 30 day timeframe. It states that it does not apply to workers comp, disability or unemployment benefits, and also states that the company cannot legally retaliate if we opt out, but I'm still a little concerned about both options. If I agree then I am giving up legal rights, should I need them, and if I opt out then I'm concerned about having a negative response from the company knowing that they can find a backdoor to get rid of me. What's your advice, or is there some bit of information that could help me make the decision?
    Thank you.


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    One thing to note that not all arbitration clauses are held enforceable. So even though you may have an arbitration clause in your contract, it is possible a court will hold it unenforceable and allow you to litigate. However in your situation, it seems like they are giving you a choice and I would personally opt out. However this is a personal decision, especially if you feel like there may be some back door repercussion. You can try consulting with the other employees to see if they have opted out and whether that has negatively affected them in any way.
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    I see. Thanks. That's good to hear, that it may not be enforceable. One thing I was reminded of from other employees is that the company claims to be an "At Will" employer and they are sure to let you know that in their documentation.
    Is there anything or any wording that may cause the arbitration agreement to be enforceable?

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    There is no one specific language, but it depends on the totality of the circumstances and language throughout the agreement. The reason they make sure to let you know that they are an at will employer because that makes you an at will employee and then can fire you without cause.
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