As an employee, you may have signed a “mandatory arbitration agreement” when you began work for your employer. This means that the employer has taken away your right to bring certain actions against them through the traditional lawsuit process. Thankfully, all hope isn’t lost! While the arbitration process may not be as “advantageous” to the employee in theory, that may not be completely true. Employers are required to pay for the costs of arbitration, which can be thousands of dollars in up front cost.
Another factor that seems to weigh in the employer’s favor is that “class action waivers” are now implied in all mandatory arbitration agreements. As an employee this means that you and your fellow employees cannot join a single lawsuit against your employer. The good news is that the prevention of a “class” allows for each individual claim to be determined individually by the arbitrator. This means that each employee’s claim will be determined by the facts of their individual case. This not only can cost your employer thousands in filing fees, it can potentially increase the settlement amount for each claim.
Attorney Jay Forester at Forester Haynie, PLLC says,
“While individual mandatory arbitration may be daunting for employees, experienced legal counsel dedicated to employee rights can help you navigate this convoluted process and potentially recover owed wages from your employer.”
If you or someone you know works tirelessly but is not being paid the way they should, please contact the experienced attorneys at Forester Haynie, PLLC. Out attorneys have handled claims for thousands of employees, and have faced down numerous employers with mandatory arbitration agreements.