How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Arbitration Agreement Questions

What is an arbitration agreement is there an arbitration clause in an agreement? Is there an employee arbitration agreement specifically for employees? An arbitration agreement is a written contract in which two or more parties agree to settle a dispute outside of court. The arbitration agreement is ordinarily a clause in a larger contract. However, agreements such as these often bring on many questions. Read below some of the top arbitration agreement questions answered by Experts.

If you refuse to sign an arbitration agreement, and you are terminated from your job will that affect being able to get unemployment benefits?

According to Missouri law, for a person to be eligible for unemployment benefits they must either self terminate with legitimate reasons related to their place of employment or their employer or be terminated without fault of their own. If a person is fired for misconduct, then denying benefits is within the employers rights. If a person is terminated for not signing an arbitration agreement, it should not make them ineligible for unemployment benefits. If an employer does deny a person benefits, they would be able to appeal with the unemployment board to gain a hearing to determine eligibility based on case facts.

If a person signs an arbitration agreement with their employer, would they lose their rights to appeal arbitration results in a court of law?

Avoiding court is the point of arbitration, so generally does meant that the right to appeal the arbitrator’s decision. If during the arbitration, an arbitrator operates out of the scope the arbitration agreement, then an independent legal challenge can be done.

If a person was to sign an arbitration agreement upon hire without being aware that was what they were signing, is it possible to get out from under the arbitration agreement?

A person would have to allow the employer to uphold the reality of the arbitration agreement, by suing the employer. Then the employer would have to prove that the arbitration agreement was not hidden from the employee, and the employee knew that they were signing an arbitration agreement.

Should a person be concerned when an “Agreement to arbitrate employment disputes” is present in an employment agreement, and if concern is present with parts of the arbitration, what is the best way to bring these concerns to light?

There should be concern when going into where employment disputes are agreed to be arbitrated. When agreeing to arbitration, the right to a jury trial or ability to proceed in court with a lawsuit is relinquished. If a person has a claim their case will be decided by either a board of arbitrators or a single arbitrator. Before entering into an arbitration agreement, a person should ask the potential employer if employment is contingent upon signing of the arbitration agreement, and if the person is already an employee, will employment continue. There are employers that will hire a person whether or not they sign the arbitration agreement, others may not hire a person without signing the arbitration agreement. It is up to the employers, and they only way to know if employment is contingent is to ask them. At this time there is legislation in Congress called the Arbitration Fairness Act that will do away with arbitration agreements in employment disputes. Until this passes then employers still have control to make employment contingent upon signing the arbitration agreement, or terminating ongoing employment if employee will not sign an arbitration agreement.

If a company revises their employee hand book and have added an Agreement to Arbitrate, is this company able to tell its employees that they will fired if they are not willing to sign the Agreement to Arbitrate?

Employees are employed at will, unless employees are under an agreement or contract that would give those rights to continued employment or warnings. Since employees are employed at will they are able to be let go at any time with or without reason, as long as no laws are violated such as those of discrimination or retaliation. Since employment is at will, employers are able to make employment contingent on signing an arbitration agreement. That being said an arbitration agreement is not essentially bad for employees. In arbitration the decision often favors the employee, and the proceedings are not that different from a civil trial.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21604
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18608
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Arbitration Questions

  • I'm wondering if I can change a non compete contract that I will be signing with a co

    I'm wondering if I can change a non compete contract that I will be signing with a contractor and just initial the changes for their review or does this have to be written up by a lawyer? All I am looking to change on the non compete is to put a 2 year restriction on it so I will be freed from contract after the 2 years. As of now there is no time restriction on the contract..
  • Hi There. I am an at will employee who is about to be fired 2 weeks into starting a job.

    Hi There.
    I am an at will employee who is about to be fired 2 weeks into starting a job. Can I get unemployment benefits? If so how much am I entitled to?
    This is in KY by the way.
    Thanks,
    V.
  • Hi my father in law has own chief of police I have been a cop

    Hi my father in law has own chief of police I have been a cop for 11 years off and on I have many certification in law enforcement and I have a criminal justice degree the town he works in is small and they have a hard time getting good persons to work I want to go work for him but we were told about this nepitism law and then I heard that there was some loop holes to legal get around it like if no one contest it for 3 days then it ok I was just wondering the truth on it thanks o and by the way this is in louisiana
< Last | Next >
View More Employment Law Questions