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The Employment Trap of Arbitration – Don’t Let It Scare You

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Employers increasingly rely on arbitration to prevent their employees from obtaining jury trials on their employment-related claims. In Texas, employers may require their employees to arbitrate their employment-related claims even in the absence of a signed arbitration agreement.

Generally, most Texas employees have “at-will employment,” meaning that there is no written employment contract that governs the terms and conditions of the employment relationship. The employer may change any term and condition of employment in the at-will employment relationship simply by providing employees notice of the new term or condition. If the employee continues to work after receiving notice, the employee has accepted the new terms or condition.

If an employer provides an employee notice of a policy requiring arbitration, and if the employee continues to work after receiving notice, the employee would have agreed to arbitration under Texas law, even if the employee never signed an arbitration agreement.

Do not let an arbitration agreement preclude from pursuing your claims. Employees may still pursue their employment-related claims in arbitration and seek all remedies available under law. For assistance in pursuing your claim, contact the attorneys of Mahendru, P.C..

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