arbitration agreement is not required to be included in an actual employment contract, to be considered as part of such it must at least modify the terms of the seaman’s employment or his status as an employee. See Nunez, 2007 WL 2008105, at *5. For example, courts have found an arbitration agreement to be unenforceable when consent was required as a condition to being considered for employment. In re Oil Spill by the Oil Rig “Deepwater Horizon” in Gulf of Mexico, on April 20, 2010, MDL No. 2179, 2010 WL 4365478, at *4 (E.D.La. Oct. 25, 2010) (hereinafter referred to as “Deepwater”). Because consent to the agreement was a mandatory condition for employment, the court reasoned that it was “difficult” to discern from an employment contract. Id,.; compare Nunez, 2007 WL 2008105, at *3-5 (<HOLDING>). Unlike the mandatory agreement in the
holding voluntary resignation from postinjury employment not compelled by good and reasonable cause constitutes refusal of an offer of reasonable employment by which employee relinquished entitlement to benefits holding that severance pay policy was part of employment contract holding offer of continued atwill employment did not constitute consideration for the arbitration agreement holding that a postinjury arbitration agreement was not part of a employment contract when a seamans continued employment was not conditioned upon its execution holding that although signing arbitration agreement was condition of employment agreement was not void for unconscionability