Arbitration and Employment Law

What does Arbitration and Employment Law mean?

Arbitration is a dispute resolution strategy commonly used by employers. Arbitration agreements require an employee to seek legal remediation for employment disputes through arbitration rather than filing a lawsuit. Whether it is a wrongful termination, breach of contract, or discrimination case, if you have signed an arbitration agreement you have forfeited your right to sue and must instead pursue your legal complaint through arbitration.

Advantages and disadvantages of Arbitration

Arbitration allows an arbitrator to hear the evidence for the employment claim and make a binding decision for the case. Opponents of the arbitration process argue that arbitration can put the employee at a disadvantage because certain types of information may not be presented. The decision made through arbitration also cannot be appealed, which means if the arbitrator does not make a fair decision the employee has no ability to argue their case before a higher court.

There are, however, some benefits of arbitration in employment. For example, arbitration can provide a simpler, less formal and less expensive means to have an employment case resolved.

Employment experts suggest that before an employee signs any type of employment contract they should understand how employment issues will be resolved. Refusing to sign an arbitration agreement could jeopardize your job, but you may be able to negotiate certain employment conditions such as the choice of arbitrator, the cost to arbitrate, what legal remedies are available if you win your arbitration, and whether or not you can have legal counsel present through the arbitration process.

Related Pages


Previous Entry

Annual Leave

Next Entry

At Will Employment


Browse Legal Glossary Alphabetically:

1 | A | B | C | D | E | F | G | H | I | J | L | M | N | O | P | Q | R | S | T | U | V | W | Z |




Lawyers near

Abramson Labor Group

Abramson Labor Group Profile Picture
3580 Wilshire Blvd., Suite 1260
Los Angeles, CA 90010

Law Office of Richard T. Seymour, PLLC

Law Office of Richard T. Seymour, PLLC Profile Picture
Brawner Building / 888 17th Street NW
Suite 900 Washington, DC 20006

Glendale Employment Lawyer

Glendale Employment Lawyer Profile Picture
20325 N 51st Ave
Suite 134 Glendale, AZ 85308

Chauvel & Glatt, LLP

Chauvel & Glatt, LLP Profile Picture
66 Bovet Road
Suite 280 San Mateo, CA 94402

Employment Lawyers

Employment Lawyers Profile Picture
750 East Green Street
Suite 310 Pasadena, CA 91101

Term of the Day

Means Test

The means test was designed to determine whether an individual debtor\'s Chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case, generally to Chapter 13 (see Abuse).

Category: bankruptcy