Employees who have read the arbitration agreement and agree to its terms can sign the agreement without an issue. However, those that do not agree with the terms should not sign the document without talking to their employer first.
Although it is possible that a flat-out refusal to sign could jeopardize employment, employees can try to negotiate to make the agreement more amenable.
Here are a few important things to discuss with an employer:
- Damages: Arbitration agreements should allow for the same compensation that could be awarded in court.
- Costs: The employer should be responsible for costs associated with arbitration.
- Selection of Arbitrator: Employees should have equal say when selecting the arbitrator.
- Rights to an Attorney: Employees should have the right to be represented by a lawyer during arbitration.