Arbitration policy & Former Employee

What is the name of your state?What is the name of your state? Texas

My husband was terminated, we believe wrongfully, and on the day he received the phone call he asked Human Resources how he could take advantage of arbitration and he was told that because he was no longer an employee he could not advise him on the subject.

We have filled an EEOC claim against this company based on discrimination due to disability of epilepsy. We recently read the Arbitration agreement and it states that filling a claim with any state or governmental agency such as EEOC is not a covered claim.

Since my husband is no longer an employee do we have to worry about the Arbitration policy?

What arbitration agreement are you talking about? That of his former employer?

For what I believe is the fourth time today (sorry, it's just frustrating ) I say again; we cannot interpret an agreement we have not read.

I'm sorry, but this is the first time here. I am just trying to get some clarification on arbitration policies if any can be given.

The arbitration polciy is that of the former employer. In the introduction it states, "... all employees and company will submit (with the exceptions noted below) any and all claims or controversies arising out of or relating to the Employee's employment or the termination thereof to final and binding mandatory arbitration before a neutral arbitrator and not to any court, whether these claims or controversies sound in contract or tort (personal injury) or arise under statute, including without limitation, the claims and causes of action specified below."

Covered claims include "any and all other claims arising out of Employee's employment with or termination by company. This includes, but is not limited to, claims brought under Title VII of the civil rights act of 1964, 1991....Americans with disability act....And any other Federal, state or local anti-discrimination laws relating to discrimination including but not limited to those based on the following protected categories:...mental or physical disability (including claims under the American with disabilities act)...".

Excluded claims "The following claims are expressly excluded and not covered by this Policy for final and binding arbitration: administrative filings with governmental agencies such as the EEOC (although Employee hereby waives the right to recover damages or other relief in any claim or suit brought by or through the EEOC or any other federal, state or local agency on the Employee's behalf), the Human Rights Commission or similar state agency..."

When my husband was fired he asked what he could do to take advantage of the arbitration agreement and the person told him that because he was not an employee he could not advise him.

We have filed an EEOC claim so according to the arbitration policy are we not able to receive a settlement or recover damages? Or because the arbitration policy states that "Employee hereby waives the right to recover damages or other relief" we are okay because he is no longer an emplyee of the company?