Arbitration Agreements

Arbitration agreements—which can significantly impact an employee’s ability to resolve disputes through traditional legal channels—are becoming increasingly common in employment contracts. If you are facing issues related to an arbitration agreement, it is crucial to seek legal guidance to ensure your rights and interests are protected. You can do this by reaching out to the experts at Kesluk, Silverstein, Jacob, & Morrison. We’ve been helping hardworking individuals assert their rights for more than three decades and will be happy to help you ensure that your arbitration agreement is fully compliant and above board. To get started with a totally no-risk initial consultation, reach out to our Los Angeles office and set up your initial consultation today.

What Is an Arbitration Agreement?

An arbitration agreement is a contract in which an employee agrees to resolve any employment disputes through arbitration rather than through the court system. Arbitration is a private dispute resolution process where an arbitrator, rather than a judge, makes a binding decision on the case.

While arbitration can be faster and less formal than litigation, it may also limit certain legal protections and rights.

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What Goes Into an Arbitration Agreement?

An arbitration agreement typically includes the following key elements:

  • The scope of arbitration, which details the types of disputes that will be covered by the arbitration agreement
  • Information about how the arbitrator will be chosen
  • The procedures for conducting the arbitration, including timelines and rules of evidence
  • The allocation of arbitration costs and fees between the employer and employee.
  • Clauses that may waive the employee’s right to a jury trial or to participate in a class action lawsuit
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How Am I Legally Protected?

California has enacted specific laws to protect employees in the context of arbitration agreements. Under California law, arbitration agreements must meet certain requirements to be enforceable. The agreement must be fair, mutual, and not overly one-sided in favor of the employer.

  • Voluntary Agreement: Employees cannot be forced to sign an arbitration agreement as a condition of employment.
  • Unconscionability: Arbitration agreements that are excessively unfair or one-sided may be deemed unconscionable and unenforceable.
  • Arbitration Costs: Employers are generally required to bear the costs of arbitration to ensure the process is accessible to employees.
  • Right to Counsel: Employees have the right to be represented by an attorney during arbitration.
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Federal Labor Law and Arbitration Agreements

Under federal law, arbitration agreements are generally enforceable under the Federal Arbitration Act (FAA). However, the FAA does not override state laws that provide greater protections for employees. The US Supreme Court has upheld the enforceability of arbitration agreements, but employees still retain certain rights and protections under both state and federal law.

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Why Choose Kesluk, Silverstein, Jacob, & Morrison?

For more than 30 years, our firm has been dedicated to supporting employees in complex employment disputes with a team of highly experienced attorneys that has a proven track record of securing favorable outcomes for our clients. We understand the intricacies of arbitration agreements and will work alongside you and your family to ensure that your rights are protected and your interests are upheld.

Employees rarely feel as though they have the legal expertise or simple resources needed to ensure that their employers are held accountable. When you work with the team at KSJM, we don’t just give you a voice—we give you a veritable legal cannon. We’ve earned a reputation by refusing to compromise and won’t be afraid to take matters to court should the situation eventually call for it.

If you are an employee facing issues with an arbitration agreement, contact a Los Angeles arbitration agreement issues attorney at Kesluk, Silverstein, Jacob, & Morrison today. We offer free initial consultations to help you understand your rights and determine the best course of action. Our goal is to provide you with the resources and support needed to resolve your dispute and ensure fair treatment.

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