Yes, you can still pursue your legal claims, because not every arbitration agreement is enforceable as written.
Under California’s leading case, Armendariz, arbitration of statutory discrimination/retaliation claims is generally only enforced if the process is fair enough to let you truly vindicate your rights (neutral decisionmaker, adequate discovery, written award, full remedies, and no improper cost-shifting to the employee). California also has strict rules requiring the drafting party (the employer) to pay arbitration invoices on time.
Reach out to Attorney 4 Employment Rights. We can review your arbitration agreement for enforceability issues, identify legal risk, and choose the strategy that best positions you to stop the misconduct and recover damages.
