Did Your Employer Forget to Sign Your Arbitration Agreement? You May Be Able to Take Them to Court!
If your employer is trying to force you into arbitration, check whether they actually signed the agreement. Many employees don’t realize that an unsigned arbitration agreement may be unenforceable—meaning you might still have the right to sue your employer in court.
At WorkRight Law, we fight for employees who have been mistreated at work. If you’re facing workplace discrimination, harassment, wrongful termination, or wage violations, call us at (562) 760-8803 for a free consultation.
Why a Missing Signature Matters
Arbitration agreements are contracts. Like any contract, both parties must agree to its terms and sign it for it to be valid. If your employer never signed the agreement, they may not be able to enforce it against you.
California courts have ruled that when an employer requires an employee to sign an arbitration agreement but fails to sign it themselves, they may lose the right to force arbitration.
Key Court Decision: Ortiz v. Nellson Nutraceutical, LLC (2023)
A recent California Court of Appeal case, Basith v. Lithia Motors, Inc., 93 Cal.App.5th 902 (2023), confirmed that:
• If an arbitration agreement requires signatures from both parties but only the employee signs, it may not be enforceable.
• Employers cannot pick and choose when an unsigned arbitration agreement benefits them.
• Employees may still have the right to sue in court if their employer never signed the agreement.
This ruling means that if your employer is trying to force arbitration, but their signature is missing from the agreement, you may be able to challenge it and keep your case in court.
What This Means for You
• Check your arbitration agreement – If your employer never signed it, you may not be bound by it.
• If you’re being forced into arbitration, you may have legal grounds to fight back.
• If you’ve been mistreated at work, we can help you seek justice in court.
Don’t assume your arbitration agreement is valid—let us review it for free. If your employer never signed, you may be able to take them to court instead of being stuck in arbitration.
Call WorkRight Law at (562) 760-8803 or visit WorkRightLaw.com for a free consultation. You deserve justice—let us help you fight for it!