As a worker, you may feel like you have no choice but to agree to an employer arbitration agreement. These agreements are often presented to employees as a condition of employment, and they require you to resolve any disputes that arise with your employer through arbitration rather than through the court system.
However, opting out of an employer arbitration agreement is possible in some cases. Here`s what you need to know if you`re considering opting out:
Understand the terms of the agreement
First and foremost, it`s important to understand what you`re agreeing to when you sign an arbitration agreement. These contracts vary widely, but they typically include provisions that limit your ability to sue your employer or participate in a class-action lawsuit.
Review the agreement carefully and make note of any clauses that concern you. If you`re not sure whether a particular clause is legal or enforceable, consider consulting an attorney who specializes in employment law.
Follow the opt-out instructions
Many arbitration agreements include provisions that allow you to opt out of the agreement within a certain timeframe. Typically, you`ll need to send a letter or email to your employer`s HR department within a specific number of days after you`re hired.
Be sure to follow the opt-out instructions exactly as they`re written. If the instructions require you to send your opt-out request via certified mail, for example, don`t try to email your request instead.
Consider the consequences
Before you opt out of an arbitration agreement, consider the consequences. While opting out may give you the right to sue your employer or participate in a class-action lawsuit, it may also make it more difficult to resolve disputes with your employer.
Arbitration can be less expensive and more efficient than going to court, and it may offer other advantages as well, such as the ability to keep disputes private.
Ultimately, the decision to opt out of an employer arbitration agreement is a personal one that depends on your individual circumstances. Be sure to weigh the pros and cons carefully before making a decision.