The Arbitration Agreement In Question Ken Kho was a service technician for car dealership One Toyota of Oakland (also known as OTO). Mandatory Pre-Dispute Arbitration Agreements and Your Rights: A Post-Concepcion Primer - Oakland Employment Discrimination Lawyer.Arbitration Provisions in Employee Handbooks are Generally not Enforceable in California. The following are basic sample clauses providing for mediation or arbitration in an employment contract. As a result, the Employer terminated the employees. Many employers ask employees to sign arbitration agreements, in which they give up their right to sue in court over jobrelated issues. Check that your employment contract does not include a provision about mandatory arbitration. Following Green Tree, several federal court have upheld the validity of arbitration agreement containing feesplitting provision.