Opt out of Arbitration Clause?

OSIsoft sin shady
May 25 8 Comments

Just wondering how many have opted out of the arbitration clause, when presented with the opportunity to do so (most companies in CA give 20 or 30 days to opt out after signing the offer letter)?

If you have opted out can you please share if it impacted your offer in any capacity? Does your new employer see the opt out as a bad thing?

Thanks in advance!

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TOP 8 Comments
  • Intuit yAqb25
    Always opt out of arbitration because it mostly goes in the favor of the employer. Plus it might now be illegal in some states.
    May 25 0
  • New k21255
    Be careful. It could be a set up. Ask if arbitration is a condition of employment, if so then it would be valid cause for termination. Arbitration has changed over they years the employer has to pay for the judge. The filing fee is about the same as Superior Court.
    Jun 11 4
    • ^wrong. Don’t ask. Just read the paperwork they provide. They can’t give you the option then fire you if you opt out.
      Jun 12
    • New k21255
      Actually in California they can be lawfully terminated https://www.calpeculiarities.com/2019/05/01/employees-who-wont-get-on-board-with-arbitration-can-employers-rock-the-boat/ ....look it up Lagatree v. Luce, Forward, Hamilton & Scripps

      Dismissing an employee for refusing to sign an arbitration agreement has been challenged as a wrongful termination in violation of public policy, but years ago in Lagatree v. Luce, Forward, Hamilton & Scripps, the Court of Appeal decided that because public policy favors arbitration, an employer can lawfully dismiss an employee for refusing to sign an arbitration agreement presented as a condition of employment.
      Jun 12
    • OSIsoft sin shady
      OP
      To provide an update: I did sign the arbitration clause as part of the offer letter, but they did provide an option to email and opt out post signing, which I did exercise and so far so good. Havent heard anything back questioning my decision to opt out.
      I think what k21255 is suggesting is different than my case. Yes, employers can probably terminate employment if you do not sign it especially if it's a mandatory requirement for the company, but a lot of tech companies have been offering the option to opt out (applicable only for 20/30 days from date of signing offer letter)
      7d
    • New k21255
      Thanks for the update! I hope it works out and congratulations on your new job!
      6d
  • Capital One 257jdx
    What is this?
    May 25 0

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