In some cases, you may be restricted by the employment contract you signed when you started working for your employer. When employees first enter the company, they generally have high hopes for their new positions and may waive the right to stand trial because they believe that no misfortune will happen with the latest job.
However, many employers require their employees to sign a contract that includes an arbitration clause. The arbitration clause may specify the arbitrator's choice (usually the employer's choice), the jurisdiction in which the arbitration occurs, and whether the arbitrator's decision is binding..
Arbitration is similar to mediation: litigants submit their disputes to a neutral third party rather than directly submitting the case to trial. Arbitrators generally set guidelines for evidence.
These guidelines are usually not as beneficial to individuals as they are to companies that have most of the evidence related to what happened. Unlike mediation, decisions made by arbitrators can be binding, enforceable in court, and generally not appealable. Our employment arbitration attorneys can advise New York City employees of their rights under certain agreements.
If you do not comply with the arbitration clause in the employment contract, you may be bound by the employer's motion for binding arbitration or dismissal.
Arbitration agreements are favored as an alternative way to resolve disputes, although they are not always fair to workers who are sexually harassed or discriminated against. According to article 2 of the Federal Arbitration Law, these agreements are enforceable, irrevocable, and valid, except for the reasons for cancellation of any contract that exists in law or equity. The court must suspend litigation against claims bound by an enforceable arbitration agreement and compel one of the parties to arbitrate when arbitration is proposed by either party to the contract.
When determining whether to compel arbitration, the standards are similar to those for summary judgment motions.
It is regarded as external evidence (evidence outside the agreement). If you try to boycott arbitration, your New York City labor arbitration attorney will need to prove that the claim is not suitable for arbitration. You can make several different claims to confirm that the arbitration agreement is invalid, but they are complex. The court needs to analyze whether the parties agree to arbitration, the scope of the arbitration agreement, whether any federal statutory claims asserted (such as those arising under Chapter VII) are intended to be arbitration, and whether the shares will remain. Non-arbitration pending arbitration. In New York, employers trying to arbitrate only need to prove that the arbitration agreement is valid and superior evidence.