Is litigation against one's employer protected?

Question

Let's say we are in California and I have a dispute with my employer. My employer has, or so I believe that it has, breached our employment contract and caused me damages. I then talk to my employer about possible remedies, or possible legal remedies through litigation if none provided.

Now, the employer decides that this rebellion is not to be tolerated and demands that the employee enter a new contract that specifically prohibit the employee from seeking such remedies, either directly or otherwise, regarding said dispute. If the employee does not sign the contract, then he or she will not be continually employed.

I understand that "at-will" employment can be terminated for virtually any reason except in the case of protected classes, activities, etc.

• Is it within the company's right to make such request, such that further and continued employment is contingent on the employee not bring about litigation against them?
• If it is illegal for the company to ask such a thing, what kind of law covers this? Or rather what do people call this? My search for employer retaliation and protected activities mostly return with results about EEOC, and I do not know which direction I should go search for.
• If the employee leaves the company because he or she do not want to sign the paper that "you will not ask for remedies...", is this wrongful termination?

Answer 1

Some remedies are protected and some are not.

A contract that provides that employment disputes are to be resolved in arbitration rather than in court, and waiving a right to bring a class action, would be binding on the employee, but probably not on the EEOC.

Similarly, a jury trial waiver might very well be enforceable.

But, a contract that provides that the employee shall have no remedy whatsoever for, for example, discriminatory failure to promote by an employer, is probably void as contrary to public policy.

The validity of the waiver would be evaluated on a provision by provision basis.

In Colorado, but not in most states, it is actually a crime to try to cause an employee to enter into an invalid non-competition clause, although that offense is rarely prosecuted.