You signed a contract thinking it was straightforward, but buried in the fine print was an arbitration clause. Now something has gone wrong—maybe you’ve been wrongfully terminated, injured by a defective product, or treated unfairly by a service provider. You want to sue, but that clause seems to block your path to the courthouse. The good news? You may still have options.
Arbitration clauses appear in countless contracts today, from employment agreements in Kansas City to service contracts in St. Joseph. While these clauses are often enforceable, they don’t always slam the courthouse door shut forever. Understanding when and how you can challenge these agreements could be the key to protecting your legal rights in Missouri and Kansas.
What Is an Arbitration Clause?
An arbitration clause is a contract provision that requires disputes to be resolved through private arbitration instead of public courts. When you agree to arbitration, you typically give up your right to:
File a lawsuit in state or federal court
Have your case heard by a judge and jury
Participate in class action lawsuits
Appeal most decisions
Companies include these clauses to reduce legal costs, avoid public scrutiny, and often secure more favorable outcomes. The Federal Arbitration Act strongly favors enforcing these agreements, making them powerful tools for businesses to limit their exposure to lawsuits.
However, the law recognizes that not all arbitration clauses are fair or enforceable.
Can You Still Sue? Yes, Sometimes
Despite what companies might tell you, signing an arbitration clause doesn’t always mean you’ve permanently given up your right to sue. Courts in Missouri and Kansas have found arbitration clauses unenforceable in several situations:
When the Clause Is Hidden or Deceptive: If the arbitration clause was buried in fine print, presented in confusing language, or not properly explained, courts may refuse to enforce it. You have the right to understand what you’re agreeing to.
When the Terms Are Unconscionable: Courts won’t enforce arbitration clauses that are extremely one-sided or unfairly favor one party. This includes clauses that make arbitration prohibitively expensive or impossible to pursue.
When You Were Pressured to Sign: If you were given no meaningful choice—such as being told to “sign now or lose the job”—without adequate time to review and understand the agreement, the clause may be invalid.
When the Clause Is Too Broad: Some arbitration clauses try to cover disputes that legally cannot be arbitrated, such as certain discrimination claims or violations of specific federal statutes.
Recent court decisions in both Missouri and Kansas have shown increasing willingness to protect consumers and employees from unfair arbitration agreements, particularly when companies haven’t been transparent about their impact.
Missouri and Kansas Laws on Arbitration
While the Federal Arbitration Act provides the overall framework, Missouri and Kansas courts apply their own standards when evaluating whether arbitration clauses should be enforced.
Missouri’s Approach: Missouri courts examine arbitration clauses for procedural and substantive unconscionability. They look at how the agreement was formed and whether the terms are fundamentally unfair. Missouri has been particularly protective of employees’ rights to pursue discrimination claims in court when arbitration clauses are problematic.
Kansas Considerations: Kansas courts similarly scrutinize arbitration agreements for fairness and proper formation. Kansas has shown particular concern for clauses that prevent consumers from accessing meaningful remedies or that impose excessive costs on individuals seeking justice.
Key Differences: While both states follow federal law, Missouri courts have sometimes been more willing to find employment arbitration clauses unconscionable, while Kansas has focused heavily on whether consumers truly understood what they were agreeing to.
Both states recognize that certain rights—particularly those involving discrimination, wage violations, and public safety—may override arbitration agreements in specific circumstances.
What to Do if You Want to Challenge an Arbitration Clause
If you believe you have grounds to challenge an arbitration clause, taking the right steps early can make all the difference:
Gather Your Documentation: Collect your original contract, any communications about signing it, and records of how the agreement was presented to you. Note whether you were given time to review it or if anyone explained its implications.
Document the Circumstances: Write down everything you remember about signing the contract—were you pressured, was it explained, did you have alternatives, were you given time to consider it?
Understand Your Timeline: Many legal claims have strict deadlines. Employment discrimination claims, for example, must typically be filed within 180-300 days. Don’t let these deadlines pass while considering your options.
Consult Legal Counsel: An experienced employment-lawyer or civil attorney can evaluate your specific situation and determine whether you have grounds to challenge the arbitration clause or pursue your case in court despite the agreement.
Act Quickly: The longer you wait, the harder it becomes to challenge an arbitration clause or pursue alternative legal remedies.
When You May Still Be Able to Sue
Even with an arbitration clause in place, you may still be able to file a lawsuit in these situations:
The contract was fundamentally unfair or one-sided when signed
The company failed to adequately explain the arbitration clause’s impact
Your legal rights under federal or state law override the arbitration requirement
The arbitration clause doesn’t specifically cover your type of claim
The clause was obtained through fraud, duress, or misrepresentation
The arbitration process itself is prohibitively expensive or biased
The clause attempts to waive rights that cannot be legally waived
Remember that challenging an arbitration clause requires proving specific legal standards, and success isn’t guaranteed. However, many people who thought they had no legal options have successfully pursued their cases in court after proper legal evaluation.
Types of Cases that May Override Arbitration
Certain types of legal claims receive special protection that may override arbitration clauses:
Employment Law Violations: Some discrimination and wage violation claims may proceed in court despite arbitration clauses, particularly when the clauses are found to interfere with federal statutory rights.
Consumer Protection Claims: Certain consumer protection laws may override arbitration requirements, especially when the clauses prevent effective enforcement of consumer rights.
Personal Injury Claims: While personal injury cases can sometimes be arbitrated, specific circumstances—such as when a car-accident-lawyer, slip-and-fall-lawyer, dog-bite-lawyer, or wrongful-death-lawyer can demonstrate that arbitration would prevent adequate compensation—may allow court proceedings.
Public Policy Violations: Claims involving public safety, environmental protection, or other significant public interests may sometimes proceed in court regardless of arbitration clauses.
Don’t Give Up Your Rights Without a Fight
Just because you signed an arbitration clause doesn’t mean you’re out of legal options. Many people successfully challenge these agreements or find alternative paths to justice with proper legal guidance.
The experienced legal team at Murphy, Kinney & Sumy, LLC understands how to evaluate arbitration clauses and determine when they can be challenged or circumvented. We’ve helped clients throughout Missouri and Kansas protect their rights and pursue justice even when they initially thought arbitration clauses blocked their path.
Whether you’re dealing with employment issues, personal injury claims, or other legal matters in Kansas City, St. Joseph, or anywhere across Missouri and Kansas, we’re here to help you understand your options.
Contact us today for a free consultation. We’ll review your contract, evaluate your situation, and explain whether you can challenge the arbitration clause or pursue your case through alternative means. Don’t let an arbitration clause stop you from seeking the justice you deserve—call Murphy, Kinney & Sumy, LLC and discover your real legal options.
Frequently Asked Questions
What Happens if I Refuse Arbitration?
If you refuse to participate in arbitration when required by a valid arbitration clause, the other party can typically ask a court to compel arbitration and dismiss any lawsuit you’ve filed. However, if the arbitration clause is invalid or unenforceable, you may have grounds to refuse arbitration and proceed with a court case. This determination requires legal analysis of your specific contract and circumstances.
Can I Sue for Wrongful Termination if I Signed an Arbitration Clause?
You may still be able to pursue wrongful termination claims depending on the specific language of your arbitration clause and the nature of your termination. Some wrongful termination claims, particularly those involving discrimination or violations of specific employment laws, may override arbitration requirements. An employment-lawyer can evaluate whether your arbitration clause is enforceable and what options you have.
Are Arbitration Clauses Always Valid in Missouri?
No, arbitration clauses are not automatically valid in Missouri. Missouri courts can refuse to enforce arbitration clauses that are unconscionable, were not properly explained, or that unfairly prevent access to legal remedies. Missouri law requires that arbitration agreements be fair both in how they were formed and in their actual terms. Courts examine each case individually to determine enforceability.
Can I Still File a Lawsuit if I Didn't Read the Contract Fully?
Not reading a contract doesn’t automatically invalidate it, but the circumstances surrounding your signing may matter. If the arbitration clause was hidden, not explained, or if you were pressured to sign without adequate opportunity to review, you may have grounds to challenge it. Courts consider factors like whether the clause was conspicuous, whether you had meaningful choice, and whether the terms were explained to you.
What Rights Do I Have if My Employer Forces Arbitration?
Even if your employer requires arbitration, you retain certain rights that cannot be waived. These may include the right to file complaints with government agencies like the EEOC, the right to participate in government investigations, and potentially the right to pursue certain statutory claims in court. Additionally, if the arbitration clause is unconscionable or was not properly presented, you may be able to challenge its enforceability entirely.