Stand Up for Your Rights: Employers Cannot Enforce Invalid Arbitration Agreements

As an employee, it’s crucial to understand that not all arbitration agreements your employer asks you to sign are legally enforceable. A recent decision by the California Court of Appeal highlights this point, emphasizing that employers cannot compel arbitration if the agreement lacks mutual consent.

Case in Point: Pich v. LaserAway, LLC

In the case of Pich v. LaserAway, LLC, the court examined an arbitration agreement that was signed only by the employee, not the employer. The court found that the agreement explicitly required signatures from both parties to be valid. Since the employer had not signed, the court ruled that the arbitration agreement was unenforceable. This decision underscores the importance of mutual consent in arbitration agreements. 

Your Rights Under the Law

The Federal Arbitration Act (FAA) generally favors the enforcement of arbitration agreements. However, courts have held that for an arbitration agreement to be enforceable, it must be fair and entered into willingly by both parties. If an agreement is one-sided or lacks mutual consent, it may be deemed unenforceable.

Why This Matters to You

If your employer is attempting to enforce an arbitration agreement that you believe is invalid—perhaps because it lacks mutual consent or is otherwise unfair—you have the right to challenge it. Courts are increasingly scrutinizing such agreements to ensure they comply with legal standards.

Take Action

If you find yourself in a situation where your employer is violating your rights through an invalid arbitration agreement or other unlawful practices, it’s essential to seek legal representation. An experienced employment attorney can assess your situation, inform you of your rights, and help you take the necessary steps to protect yourself.

We’re Here to Help

Our legal team specializes in employment law and is dedicated to advocating for employees’ rights. If you’re facing issues with your employer, such as being forced into an unfair arbitration agreement or other violations, don’t hesitate to reach out. Contact us today for a consultation, and let us help you stand up for your rights.

Note: This article is for informational purposes only and does not constitute legal advice. For legal assistance, please consult a qualified attorney.