In general, California employers can condition your employment on you giving up your right to sue them. Therefore, if you refuse to agree to arbitration, employers do not have to: hire you, retain you as an employee, and/or.
Arbitration is a form of alternative dispute resolution (ADR) that offers parties involved in a legal dispute an alternative to traditional courtroom litigation. Unlike litigation, where disputes are resolved in court, arbitration takes place in a private setting, typically chosen by the parties involved.
Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.
If possible, avoid the use of technical jargon or "shop talk." Remember that the arbitrator may not know the details of your work or the Postal Service. However, if you must use "shop talk" to clarify a point, be sure to briefly define what you mean.
Arbitration is a fairer, faster, and less expensive way to resolve disputes than time-consuming and expensive litigation.
A form of ADR, arbitration involves both parties presenting their case to a neutral third party (an arbitrator) who considers the issues and gives their decision (called an award). An arbitrator has the power to make a range of awards depending on the circumstances of the case. Awards may include: Monetary compensation.
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
You can always agree to arbitration later if your lawyer advises you it's a good choice in the particular situation you find yourself in. There's no benefit to you in doing so months or years ahead of time.
Questionable Fairness Mandatory arbitration. If arbitration is mandatory by contract, then the parties do not have the flexibility to choose arbitration upon mutual consent. Subjective Arbitrator. Unbalanced. “Arbitrarily” (inconsistently) following the law. No jury. Lack of transparency.
Opting out of the arbitration agreement isn't damaging to you. You can always do arbitration if you would prefer that, although if you'd like to join class actions or sue the judge will throw out your case if you are still in this agreement.