How Can You Get Out of an Arbitration Clause? Read the Details
Arbitration laws in Oklahoma City help parties to get solutions through arbitrating disputes which means you don’t have to involve the court in the problem. The legal conflicts are resolved with the help of a private party. Some companies have arbitration laws included in their employee’s agreement which contains the company’s language that requires arbitration if there is any dispute.
The arbitrator is a private judge with a private practice where people pay him to solve their problems. Many companies put it in their clause that they have to go to the arbitrator that the company chooses. That private judge might rely on that company for their business, so they will give the verdict in their favor. In this case, you should consider getting a civil attorney for your case.
Ways to Get Out of It
A civil attorney always suggests reading the contract thoroughly before signing it. You must first see if there is any way to opt-out of the arbitration clause. Sometimes, the clause suggests that the employee can opt out of it within 30 days of signing it. If you do not opt-out of the clause and then try to take the dispute to court, the employer can say that they could have opted out before. In this case, the judge will order the parties to take it to an arbitrator. You can take the help of your civil attorney to understand if there is anything written in your contract that you can take advantage of. In this way, you can have documents to show the employers that you have to choose to leave the clause.
Ways You Can Challenge the Clause
There are very limited circumstances under which you can challenge an arbitration clause. Only a civil attorney can help you understand how it can be done. When you go to the court and appeal before a judge, you must give an appropriate reason to challenge the clause. You have to follow all the public policy and Feral Arbitration Act guidelines before challenging any part of the clause.
What If They Still Insist
The company will try to change your mind and make sure that you don’t choose to get out of the clause. They might even tell you to leave the company if you disagree with them. In this case, you have to decide what is best for you. If the business is honest, you might never need to get the arbitration clause in effect, but if they are trying to cheat you, then you should leave it immediately.
Here to Help You Get Out
Foshee & Yaffe Attorney at Law, are here to help you escape any trouble. They have the best team who have years of experience in this type of case. Give them a call to get a free consultation.
**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.