Ensuring Enforceability & Fairness in the Arbitration of Employment DisputesExpressO (2008)
AbstractPrivate arbitration of employment law claims has become common in recent years. The Supreme Court has shown a strong preference for requiring that an employee pursue an employment claim through an arbitration program rather than seeking to enforce his or her rights in court. At the same time, legislation has been introduced to try to protect the rights of employees who, without an arbitration program in place, would have the opportunity to assert their statutory rights in court. This article explores what safeguards should be in place to assure that employers can rely on the enforceability of an arbitration program because that program provides employees with a fair process in which to assert their claims. The article reviews numerous court decisions as well as guidelines and requirements developed by several arbitration services to advise what an enforceable arbitration program would look like.
Publication DateFebruary 5, 2008
Citation InformationEnsuring Fairness in the Arbitration of Employment Disputes, 16 Widener Law Review 101 (2010)