Fight a Mandatory Arbitration clause in new employment contract?
February 25, 2013 6:14 PM Subscribe
Looking to start a new job that looks otherwise awesome. But the employment contract has an arbitration clause in it and I'm hesitant. Ontario.
posted by Imperfect to law & government (13 answers total) 2 users marked this as a favorite
On the one hand, I don't anticipate any problems with this company and am hesitant to cause further troubles down the line. All the current employees seem happy and well-adjusted.
But on the other hand, mandatory arbitration feels a little skeezy, especially since the contract states I would pay half of the cost of arbitration. Thankfully, Ontario's Arbitration Act states that a court will appoint the arbitrator, so I don't have to worry about being subjected to an arbitrator that will by necessity favour my employer, but there's no appeal to arbitration, no "discovery" phase where my employer can be compelled to provide evidence, and no review of the decision to ensure that the relevant laws are followed or the decision is fair. Heck, the arbitrator doesn't have to be aware of or follow law at all when making their decision.
I like this place, and I'd really like to work there but I don't need the job - in fact I have other interviews I'll have to cancel if I decide to accept the contract.
I guess I'm mainly wondering - am I completely off on arbitration? Are there benefits to me, the employee, that I'm not seeing? Or should I actually make an issue of this?