For example, can an employer write an agreement and request that you sign it with an arbitration agreement if you threaten to lose your job? Yes, an employer has the right to require arbitration to resolve a problem with an employee. As Higginbotham J. noted, the employer`s assertion has “disturbing effects.” While agreeing with the court`s decision, Justice Higginbotham expressly suggested that it was possible that this decision could be misused by Texas employers in the future. Finally, he noted, an employer might be tempted, in the face of Kubala, to threaten to fire an employee after learning that the worker had sued him or her under the FLSA, unless he or she agrees to arbitration that has not been the subject of prior arbitration agreement. .