More and more the answer is yes! Increasingly, employers are forcing employees to agree to arbitration provisions in their employee handbooks which keep them from suing in court. These provisions also prevent them from bringing class action lawsuits or arbitration proceedings.
The New York Times recently has covered this issue. While employee rights lawyers have fought this issue for decades, the courts have consistently enforced these agreements. So, employees now are forced to bring their claims in front of arbitrators who are mostly older white men, rather than juries of their peers.
Arbitrators also tend to come from law firms who represent business and have an inherent bias against employees. Procedurally, there is no appeal and the arbitrators don’t even have to write reasoned opinions.
We don’t believe this system is fair. Attorney Hayber has recently become an arbitrator with the American Arbitration Association so that the panels of arbitrators aren’t so employer biased. Look for articles coming up about his recent experience at AAA arbitrator school! You’ll be surprised!
Contact The Hayber, McKenna & Dinsmore with any questions.