arbitration

[pmintpatty]

I too am being forced to sign an mandatory arbitration form, employment hinges on whether i sign or not! i'm located in fl.
is this action legal? i've been with the co. going on four years.they are also going to make us sign(mandatory) a paper stating that if our drugs cost too much, that they don't have to pay for them. this is a non-profit org.if that makes a difference. they are based out of mobile, ala. the store i work for is in fl. a quick reply would be most appreciated as we are all on a deadline to sign or look for other employment. the arbitration came about (i believe) because we are being bullied into a healthcare contract that we don't want and don't think their tactics are legal, so this is their way of not being sued.

 

[I AM ALWAYS LIABLE]

I too am being forced to sign an mandatory arbitration form, employment hinges on whether i sign or not! i'm located in fl.
is this action legal? i've been with the co. going on four years.they are also going to make us sign(mandatory) a paper stating that if our drugs cost too much, that they don't have to pay for them. this is a non-profit org.if that makes a difference. they are based out of mobile, ala. the store i work for is in fl. a quick reply would be most appreciated as we are all on a deadline to sign or look for other employment. the arbitration came about (i believe) because we are being bullied into a healthcare contract that we don't want and don't think their tactics are legal, so this is their way of not being sued.

My response:

A written agreement to arbitrate existing or future controversies is valid, enforceable, and irrevocable except on grounds applicable for the revocation of any contract.

There's the key phrase, "except on grounds applicable for the revocation of any contract." Which means, you can sign an arbitration agreement all day long, and one each day, if you want to. But, if by signing the agreement the employer hasn't satisfied the basic rules of contract law, the agreement is unenforceable.

What do I mean by that ?

Well, to be enforceable, a contract (even an arbitration agreement) must have 4 basic elements - e.g.,

(1). The parties must have the capacity to enter into a contract;
(2). The parties must consent to the contract;
(3). The contract must have a lawful object; and
(4). There must be sufficient consideration or cause for the parties to enter into the contract.

If any one of these elements is missing, the portions of the contract affected by the missing element may be considered invalid, and thus unenforceable.

What you're going to use, and what most employers forget, is #4, "Consideration". There must be some sort of valuable exchange passing from your employer to you; e.g., money. And, I don't mean your regular paycheck either. It must be money that is separately paid to you for having signed this contract.

If your employer fails to pay you for your signature on this new contract, your employer can never enforce it. If there is a payment offered, let your employer know that you want your attorney to review the same. If no payment is made to you or offered, go ahead and sign it. It's useless.

IAAL