I didn't imply I sued them. Keep in mind that suing someone has the implication of going public. You don't need to sue someone to be bound by arbitration. Ge

I didn't imply I sued them. Keep in mind that suing someone has the implication of going public. You don't need to sue someone to be bound by arbitration. Generally legal conversations can and will happen prior to the event of suing your employer. This is something most people would gloss over or not consider. If you sign arbitration you have no wiggle room - because it is all up to the company, and they likely view arbitration as in their best interest. But if you have opted out you can go get your own attorney and present your claim without getting into a public legal battle. If you hold the cards it is in their best interest to negotiate, settle and not get sued (as that becomes public and is bad for both sides). Generally when making legal agreements the "career ending events" are protected as part of the settlement. It would be amiss to forget to CYA in your negotiation. This may include language that explicitly states anyone from that company talking about your externally. Obviously they're incented to keep that bargain or you can then go down the path of defamation and further liabilities.