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im california employment law attorney neil shouse an arbitration agreement is where two parties agree to resolve any future disputes by using a private arbitrator rather than a civil lawsuit it is typical for employers to include an arbitration clause in their employment contracts and these arbitration agreements are legally enforceable as long as the terms are fair and the employee agrees by his or her own free will but as of 2020 california law permits employees and job applicants to decline to sign their employers arbitration agreements and if they decline the employer may not retaliate in any way such as by denying them employment withholding benefits or terminating them however any pre-existing arbitration agreements between the workers and employers are still valid arbitration agreements are not necessarily bad arbitration is quicker and more private than going to court and having a jury trial moreover the employer generally pays all of the arbitration fees which can be thousand
