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  1. #1
    Join Date
    Aug 2019
    Posts
    19

    Default Regarding at Will Document Not Yet Signed

    My question involves labor and employment law for the state of: illinois

    I was wondering if I am to sign this, if it will remove my right to unemployment if wrongfully fired?
    AT-WILL EMPLOYMENT, BINDING ARBITRATION, AND CLASS ACTION WAIVER AGREEMENT
    ("Agreement")

    ("Employee") and(the "Company"), agree that the employment and compensation of Employee can be terminated by Company or the Employee at any time, with or without cause and with or without notice, at either the option of the Company or the Employee.

    Any and all disputes relating in any way to Employee's employment with the Company, or the termination of Employee's employment, are subject to final and binding arbitration pursuant to the provisions of the Federal Arbitration Act, conducted under the Employment Arbitration Rules of the American Arbitration Association. Employee and the Company agree that arbitration shall be the sole and exclusive forum for resolving any and all disputes between Employee and the Company and any of the Company's employees or managers, arising out of the employee-employer relationship. The only exceptions to arbitration are claims for workers' compensation and unemployment insurance benefits. The arbitration shall be held before a single arbitrator, who shall issue a confidential written decision detailing his or her findings and award within thirty (30) days after the close of the arbitration hearing. The arbitrator's award may be enforced by a court of competent jurisdiction. Employee and the Company shall each bear respective costs for legal representation at any such arbitration. The cost of the arbitrator and court reporter, if any, shall be shared equally by Employee and the Company.

    Any arbitration of, or other legal proceedings relating in any way to any dispute between the Company and Employee, as well as any of its employees or managers, will take place on an individual basis without resort to any form of class or representative action. No dispute between the Company and Employee may be brought, heard or arbitrated as a class or collective action, or in a representative or private attorney general capacity on behalf of a group or class of persons or the general public. No arbitration proceeding provided for under this Agreement may shall be consolidated, or joined in any way with, any other arbitration proceeding.

    If any term or portion of this Agreement shall, for any reason, be held by a court of competent jurisdiction to be invalid or unenforceable or to be contrary to public policy or any law, then the remainder of this Agreement shall not be affected by such invalidity or unenforceability but shall remain in full force and effect, as if the invalid or unenforceable term or portion had not existed within this Agreement.

    Any agreement contrary to or modifying this Agreement must be entered into, in writing, signed by Employee and an officer of Company. This is the entire agreement between Employee and the Company regarding dispute resolution procedures and the length of Employee's employment, and this Agreement supersedes any and all prior agreements regarding these issues.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Regarding at Will Document Not Yet Signed

    Quote Quoting Nimblesbee
    View Post
    My question involves labor and employment law for the state of: illinois

    I was wondering if I am to sign this, if it will remove my right to unemployment if wrongfully fired?
    No. All employment in Illinois and every other state but one is already "at will" unless you have an employment contract for a specific period of time that limits the reasons for which you may be fired, you are a member of union with a collective bargaining agreement that limits the reasons you may be fired, or are a government employee working under civil service rules that limits the reasons you may be fired. In short, even without signing this you are likely an at will employee anyway. Furthermore, you get unemployment in most states when your employment ends unless (1) you voluntarily end the employment or (2) you engaged in some kind of gross misconduct. So the employer doesn't have to have "wrongfully terminated" you for you to get unemployment.

    The main thing the employer is looking for here is the arbitration agreement. Whether that agreement would be enforceable even if you sign it will depend on the circumstances in which it is signed and the applicable state law, which I've not researched.

  3. #3
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Regarding at Will Document Not Yet Signed

    Quote Quoting Nimblesbee
    View Post
    My question involves labor and employment law for the state of: illinois

    I was wondering if I am to sign this, if it will remove my right to unemployment if wrongfully fired?
    There is no employment agreement with your employer that you can sign that would disqualify you from Illinois (or any other state that I can think of) unemployment that you would otherwise qualify for.

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