While your employer may not be ready to get rid of the arbitration clause completely, you may be able to negotiate to make yourself fairer. After all, you`re just looking for your interests. Overall, the questions that will be asked by the courts about an arbitration agreement can be categorized into two categories: substantive scruples and selfishness. All of these elements are explained in more detail below. It is unlikely that an agreement will be set aside unless a court decides that it is unacceptable both materially and procedurally. If your employment contract contains an employment arbitration clause, it means that you have agreed not to take legal action against your employer. Instead, any disputes you have with your employer must be resolved through a procedure known as arbitration. In this situation, it is important to consult a lawyer to determine what rights you may have. Depending on the issue in question and the provisions of the agreement, you may need to make a strategic decision quickly as to whether to continue the forced arbitration in force or to challenge the proceedings in court. It can quickly set deadlines that affect your legal strategy, so it`s important to consult a lawyer immediately to get the widest range of options for yourself.
In each of these cases, the applicants were workers who had agreed, in employment contracts, to settle all disputes arising from their employment individually and to waive collective or collective rights. Despite these agreements, the complainants brought collective or collective actions in the Federal Court of wage and hourly offences in relation to overtime pay under the Fair Labor Standards Act (« FLSA ») and analog state laws. In any event, the applicants argued that declarations of waiver of class actions under the LNRA are not applicable. On appeal, Epic Systems` Seventh Circuit and Ernst and Young`s Ninth Circuit followed the reasons for the NLRB`s decision to R. Horton and decided that the class action waiver statements were unenforceable, while Murphy Oil`s Fifth Circuit considered the waiver statements to be enforceable.