Employment Arbitration Agreements The use of arbitration agreements in employment contracts have been greatly increasing. Today, most companies include some form of these agreement with new hires to their work force. Arbitration is a form of alternative dispute resolution. When an employee agrees to such terms, they are typically giving up their right to sue the company in a court over a variety of job related issues; instead they are to pursue any claims they may have through arbitration. A neutral third party, or arbitrator, listens to the claims/facts and then issues a decision. Most employment arbitration agreements can be categorized as \"forced arbitration,\" meaning that the company \"requires a ... employee to submit any dispute that may arise to binding arbitration as a condition of employment\" (National Association of Consumer Advocates, http://www.naca.net/issues/forced-arbitration). Some companies bury these agreements with their employees in handbooks and employment -related paperwork, while others present the information separately. Fresh & Easy Neighborhood Market utilizes a Mutual Agreement to Arbitrate Claims with its employees. Much of the opposition to forced arbitration stems from multiple reasons, including that many employees are unaware of the terms they have agreed to as a condition of employment, forced arbitration limits one's options should a dispute arise, and some issues become unenforceable in arbitration. In this paper, I will analyze and discuss all of these factors by reviewing the Fresh & Easy Neighborhood Market agreement. Many companies prefer arbitration for a variety of reasons, including that arbitration is cost effective for the company, there is no right to appeal, and the facts are not made public (among many more). However, forced arbitration is more negative to those already locked into the agreement. One of the biggest sources of opposition towards forced arbitration is that lack of understanding revolving the agreement .When the agreement is being presented, many do not understand the full consequences of signing the agreement. Many new hires are unaware of the potential consequences and details of the agreement. The idea of arbitration, although greatly used, is understated. The bargaining positions of employer and employee are not equal, because when securing a new job, many new employees feel pressured and rushed to sign all necessary and required paperwork as soon as possible, usually overlooking the fine details or do not fully understanding the document. When hired for Fresh & Easy Neighborhood Market, new hires are given a packet of paperwork to be completed before starting work. Included in this packet is the \"Mutual Agreement to Arbitrate Claims\" agreement. At first glance, the document seems fair and just; many likely do not realize the potential negative consequences that can arise down the line should a dispute develop between employer and employee. From personal experience, I signed the agreement not anticipating a dispute; however, if such a dispute did arise I would have locked myself into forced arbitration. Many companies require that all new hires submit to the agreement or face the possible forfeit of the job offer. Fresh & Easy requires that all employees sign the agreement; however, there is a thirty day period to revoke the agreement by mailing a letter stating that an individual wants to back out of the agreement. Unlike a majority of companies, Fresh & Easy Neighborhood Market states that "the company acknowledges... that if I choose to revoke this agreement, my decision to do so will not adversely affect the terms or conditions of my employment." Many employees, like myself, sign away their rights to a lawsuit not knowing that this could possibly hinder them in the future if a dispute arises. The lack of general understanding of the process of arbitration is allowing companies to push their employees to enter these agreements, giving companies the upper hand. As with Fresh & Easy Neighborhood Market, these agreements are usually signed before a new hire can start work. According to the National Association of Consumer Advocates, forced arbitration limits the options an employee has because \"before any problem arises, you lock yourself into only one option -forced arbitration - for resolving all future disputes or problems.\" As stated in the Mutual Agreement to Arbitrate Claims, \" By signing this agreement, the parties hereby waive their right to have any dispute or claim decided by a judge or jury in a court.\" Arbitration further limits the resolution of future disputes among employees who share similar grievances because the arbitration agreement prohibits class actions. Disputes through arbitration are not made public, leaving each case to be decided on a case-by-case basis, as there is no precedent in the process of arbitration. The Fresh & Easy Mutual Agreement to Arbitrate Claims is consistent with these criticisms, stating that \"the parties agree that each may bring claims against the other only in their respective individual capacities and not as a plaintiff or class member in any purported class, representative or collective action.\" These limiting factors overall aid the company in resolving disputes, while hindering the potential options of its employees. A company's use of forced arbitration not only goes beyond limiting the initial process of the resolving a dispute, but it also locks the employee into the arbitrators decision. Arbitration is a private system without and judge or jury, as all decisions made by the arbitrator are final and there is no right to appeal the decision. Fresh & Easy Neighborhood Market follows this model as it clarifies towards the end of the document that \"the decision of the Arbitrator shall be final and binding on the parties and there is no right of appeal.\" Once the decision is made, it is final, and unlike in state and federal court proceedings, there is no right of appeal to ensure that the arbitrator had made a fair and lawful final decision. In most forced arbitration, as stated by the National Association of Consumer Advocates, \"employees cannot sue for discrimination, harassment, abuse, retaliation or wrongful termination... [they] become meaningless and unenforceable in court.\" These claims have to go through the process of arbitration. Fresh & Easy Neighborhood Market Mutual Agreement to Arbitrate covers potential employee claims of discrimination, harassment, abuse, and wrongful termination. As stated by the National Association of Consumer Advocates, \"in forced arbitration, the laws that protect us from discrimination based on age, sex, religion, race, disability, and unequal pay for equal work, such as the Civil Rights Act and the Equal Pay Act, become meaningless and unenforceable in court.\" If such issues were to arise, because of the signed agreement, an individual employee could not pursue these cases in court and sue, no matter how abhorrent the alleged discrimination against that employee was; a potential victimized employee must channel his or her claims through arbitration. In this paper, I have reviewed oppositions towards forced arbitration agreements and how they applied to the provisions in Fresh & Easy Neighborhood Market's arbitration agreement. Overall showing unfair balance of arbitration, mostly in favor of the company. These agreements force employees into relinquishing their right to pursue any claims in a court of law; leaving employees, signed into these agreements, extremely limited in their options should a dispute arise. I believe that companies should not be allowed to ask their employees to give up such rights. By eliminating forced arbitration agreements, it would aid in creating a more equal and balanced relationship between employer and employee. Reference List Fresh & Easy Neighborhood Market. "Mutual Agreement to Arbitrate Claims" 18 June. 2014 . Email "Forced Arbitration." Fight Forced Arbitration. N.p., n.d. Web. 20 Oct. 2014.