The way companies do forced arbitration now is by providing the employee with an opt out form that they have to fill out and mail to the legal department within

The way companies do forced arbitration now is by providing the employee with an opt out form that they have to fill out and mail to the legal department within 30 days. Sharp-eyed employees will notice this in their new hire documentation but most will not. The company can then claim that they did not make forced arbitration a condition of employment and did give the employee an opportunity to opt out, which they declined to take. Courts have upheld this as legal: http://www.dglaw.com/images_user/newsalerts/Litigation_Employees_Who_Dont_Opt_Out.pdf http://www.dglaw.com/images_user/newsalerts/Litigation_Emplo...