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Don’t cut filing period in arbitration agreement

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in Employment Law,Human Resources

California courts are hard on employers that force employees to sign arbitration agreements. Judges often find these agreements unconscionable.

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)

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