Many employees sign arbitration agreements when they sign on with a company, or as part of their severance agreements. Arbitration is not always bad and it does not mean you can’t do anything about your employer wronging you or violating the FLSA. You should still contact an attorney, who will then decide whether the matter should proceed directly to arbitration or be filed first in a court to handle gateway questions such as class notice.
Before you meet with your attorney, please try to bring the following if available to help assist your employment lawyer in the process. There is nothing more aggravating than going through the process of drafting a Federal Petition and paying a $400 filing fee only to find out there is an arbitration agreement.
- the copy of your arbitration agreement (if known)
- the copy of your termination notice
- the copy of your employment contract
- the policy handbook, especially if it discusses arbitration
- any additional documentation about the arbitration process, or any internal dispute resolution mechanism.
- any other written documentation, either from the EEOC or your former or current employer with whom you have the dispute