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Thread: Arbitration employment clause

  1. #1
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    Default Arbitration employment clause

    My daughter just picked up an employment application from a local grocery store. Attached was an arbitration contract that basically had her sign away all her rights under federal and state laws. The example they provided for required arbitration were "claims under federal, state, and local statutory, regulatory or common law, including, but not limited to, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, violations of The Equal Pay Act, Employee Retirement Income Security Act of 1984, State Human Rights Acts, State Service Letter Statute, State or Federal Whistle Blowing Laws, State or Federal False Claims Actions; The Civil Rights Act of 1991, the Americans with Disabilities Act; Federal and State Wage and Hour Laws; and actions or claims for alleged discrimination of any kind."

    I'm all for business protecting themselves, but this seems extreme. Is this normal now days???
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  2. #2
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    Arbitration in lieu of going to court is fairly standard in many contracts and agreements. I don't know about employment agreements. Arbitration is typically under the control of a court so it isn't totally outside of the court system. There is arbitration and BINDING arbitration. Arbitration by itself doesn't preclude moving on to court if the parties can't compromise. Binding is exactly that, the decision by the arbitrator is generally final. I've been involved in a few and they usually end up the way a court probably would have ruled anyway.

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