How the motion to compel is framed
The company usually attaches the agreement, an onboarding record, or proof that you accepted terms electronically, and argues that the Federal Arbitration Act requires the court to enforce it. The questions are typically whether you actually agreed and whether the agreement reaches the claims you filed. Many agreements send questions about scope or enforceability to the arbitrator, though whether you agreed at all is usually for the court to decide. Electronic signature records, and how the terms were presented to you, can matter a great deal. A handbook that the employer can change at will, or an agreement you never saw, may raise real questions about formation.
Exceptions that change the analysis
Under a recent federal statute, someone bringing a sexual harassment or sexual assault claim can elect to keep that case in court despite an arbitration agreement, and courts are still working out how far that reaches when other claims are joined. Certain transportation workers engaged in interstate commerce fall outside the Federal Arbitration Act, though state law may still enforce their agreements. An arbitration clause generally does not stop you from filing a charge with the EEOC or a state or city human rights agency, because those agencies act on their own authority. Class action waivers are generally enforceable, which is why these motions often decide whether a case proceeds as a group or one claim at a time.
If the court sends the case out
When a motion to compel is granted, the court case is usually paused rather than dismissed, and the claims are filed with the arbitration provider. Under many employment agreements the employer pays most of the arbitration costs, and the provider's rules govern discovery and hearings. If the motion is denied, the company can often appeal right away, which can delay the case. Reviewing the agreement, how and when it was signed, your claims, and any exceptions that might apply is how we help you decide how to respond before the opposition is due.
