This applies to my future employment, beginning in August of 2014 in the state of California.
I did an internship last year in California and received and accepted a job offer in October of 2013 for employment to begin in August 2014.
I completed preliminary steps for employment, and still must do things like, consent to a background check 60 days prior to employment, etc...
A few weeks ago I received an e-mail saying that new employees start after 7/1/2014 are now subject to an arbitration agreement signing away their rights to class actions or making a claim against the employer.
My Question
Can my employer force me (consider a part of consideration of employment and/or refuse to hire me if I refuse) to sign this arbitration agreement if I already accepted my employment offer?
As far as I know, employment is sufficient consideration for an arbitration agreement to be included, but what if I already agreed to be employed? Can I tell me employer that I already agreed with the original offer and refuse?
Secondly, even if I do accept, but something bad happens and I want to file a suit, can I claim the arbitration agreement is void because there was no consideration offered with it because I already accepted my offer?
Odds are nothing so terrible will happen that I'm suing my first employer out of college....
but I am very opposed to signing my rights away to big companies to essentially win in arbitration.
This company has had a very large recent class action lawsuit so that is likely the reason this is now a part of employment.
If I refuse to sign, and my employment offer is withdrawn, can I sue for damages? Of what kind and to what extent?
I guess I'm unsure of when an employment offer is validly accepted, if the arbitration agreement has sufficient consideration, and if I can refuse to sign?
I did an internship last year in California and received and accepted a job offer in October of 2013 for employment to begin in August 2014.
I completed preliminary steps for employment, and still must do things like, consent to a background check 60 days prior to employment, etc...
A few weeks ago I received an e-mail saying that new employees start after 7/1/2014 are now subject to an arbitration agreement signing away their rights to class actions or making a claim against the employer.
My Question
Can my employer force me (consider a part of consideration of employment and/or refuse to hire me if I refuse) to sign this arbitration agreement if I already accepted my employment offer?
As far as I know, employment is sufficient consideration for an arbitration agreement to be included, but what if I already agreed to be employed? Can I tell me employer that I already agreed with the original offer and refuse?
Secondly, even if I do accept, but something bad happens and I want to file a suit, can I claim the arbitration agreement is void because there was no consideration offered with it because I already accepted my offer?
Odds are nothing so terrible will happen that I'm suing my first employer out of college....
but I am very opposed to signing my rights away to big companies to essentially win in arbitration.
This company has had a very large recent class action lawsuit so that is likely the reason this is now a part of employment.
If I refuse to sign, and my employment offer is withdrawn, can I sue for damages? Of what kind and to what extent?
I guess I'm unsure of when an employment offer is validly accepted, if the arbitration agreement has sufficient consideration, and if I can refuse to sign?