I have several issues against my employer, am seeking to retain an attorney and was reading my employee handbook and notice a section that says the company and employee will only use an arbitrator to work out all differences and no courts for any reason. Is there any way around this, for any reason? How about for federal violations? And is an attorney necessary for arbitration? Im assuming so because i'm not sure how it goes, how to file, or to start a case if im still employed. What is the process etc. Thank you for any and all help.
You can refuse to sign an arbitration agreement, but it is risky. Employers generally have the right to take back job offers if you refuse to sign an arbitration agreement. A better option to refusing outright might be negotiating with your employer for different terms. Also, you’ll want to review any employment contract before you sign it. It can often happen that an arbitration clause might be looked over because it’s in the fine print, appears near the end of the document, or is just difficult to locate. You may wish to have an attorney review your employment contract before signing it.
Lastly, even if you sign an arbitration agreement with your employer, it may still be possible to file a lawsuit if you have a dispute. This can be done by filing a claim with a government agency like the EEOC. The agency can file a claim on your behalf, which would enable you to obtain relief for your losses.
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As Nevada law is different from other states, you should ignore anything said about non-federal law by any attorney not licensed in Nevada.
Nevada strongly upholds arbitration clauses; they are very difficult to escape.
Federal law also strongly supports them.
Yes, you should have an attorney for arbitration; it's streamlined, but you have the same legal issues and need for proof.
The courts will often enforce an arbitration provision, but you should have the agreement you signed reviewed. If arbitration is a requirement, then the process will depend on the agreement. Sometimes a specific organization is identified, such as the American Arbitration Association. If the AAA is designated they have procedures to start a claim.
This response is for general information only, and should not be construed as specific to the poster's situation. The poster should contact an attorney and meet for a consultation in order to be advised as to their options based upon all available information.