And one of the quickest ways to end up with an unconscionable and invalid agreement is to cut the time an employee has to file a claim.
Recent case: When Renée Rose began working as an executive secretary at a high-tech firm, she was told she had to sign an arbitration agreement. One of its provisions required her to file any claim covered by the Fair Employment and Housing Act (FEHA) within one year of the incident on which the claim was based.
When Rose complained of harassment and retaliation, she challenged the validity of the one-year deadline. The court agreed with her, noting that FEHA has a two-year statute of limitations. (Rose v. Synergenics, No. A125163, Court of Appeal of California, 1st Appellate District, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't nickel and dime ADA accommodations: Everything can't be essential to the job
- EEOC sees near record year in 2009
- 7th Circuit: Under ADA, disabled don't automatically get vacant job
- Harassment complaint earns retaliation protection if complaint was made in good faith