Published Feb 6, 2017
AliasbecauseIcantsay
1 Post
My facility was acquired by a group a little over a year ago. All employees got this email from HR.
"As part of the transition from ABC Healthcare to XYZ Healthcare, all employees are required to complete a Mutual Agreement to Arbitrate. In a recent audit, we found that not all employees have signed off on this form, and some forms are incomplete. As a result, Human Resources is requiring that all employees complete a new for no later than February 28, 2017.
Q. What is a mutual arbitration agreement?
It is a legal agreement that requires you and the company to arbitrate any employment-related claims or disputes that arise during or following your employment. This Agreement includes claims that the company has against you or that you may have against the company.
Q. What does arbitration mean?
In arbitration, each side presents it's case including evidence to a neutral third party called an arbitrator, rather than a judge and jury. The arbitrator is either a retired judge or an attorney.
Q. What is the arbitration process
You and the company, (collectively the parties), are entitled to be represented by your own legal counseling in the arbitration proceeding. After reviewing the evidence and considering arguments the arbitrator makes a written decision or award to resolve the dispute. The arbitrator's decision is legal and binding, which means there will be no trial by a judge or a jury or appeal of the arbitrator's decision except as provided by law.
Q. Do I have to sign this agreement?
Yes, it is required of all employees.
Q. What if I do not want to sign it?
It is mandatory and is a condition of your employment.
Q. Can I have an attorney review the agreement before I sign it?
Yes, it is your right to consult with an attorney before signing.
Then they included a form which must be filled out. Here's my issue, (one of many!) They're calling it mutual. There is nothing mutual about this! I do not want to waive my right to pursue legal action if something occurs that is actionable. Second, I love how they just sort of slid in that comment that not all of us have signed, or the forms are incomplete. I've been here for a LONG time. There was never any mutual arbitration form. They're trying to weasel. Any thoughts?
Cat365
570 Posts
Ask a lawyer but I would say that you likely have to sign it, resign, or be fired.
Many states are at will employment and really you can be fired "at will." I'm assuming that there is no union.
Double-Helix, BSN, RN
3,377 Posts
This explains the details of mutual arbitration far better than I could:
Signing an Arbitration Agreement With Your Employer | Nolo.com
Get a lawyer to review the document and explain what it means for your and your rights as an employee. Then, choose to: 1. Sign the agreement, 2. Negotiate conditions within the agreement, or 3. Refuse to sign the agreement and start looking for a new job.