Arbitration agreements are a way that employers try to avoid being sued by employees for employment law violations, such as wage and hour violations or sexual harassment.
As in most states, Massachusetts law allows parties to choose arbitration, rather than trial in the court system, to reach final resolution of their disputes. Parties agree on an impartial arbitrator with training and experience in the specific area of law involved in the dispute.
Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.
As in most states, Massachusetts law allows parties to choose arbitration, rather than trial in the court system, to reach final resolution of their disputes. Parties agree on an impartial arbitrator with training and experience in the specific area of law involved in the dispute.
Parties who wish to refer a matter to arbitration shall sign a written agreement to arbitrate which shall be enforceable in ance with the provisions of section one of chapter two hundred and fifty-one.
Parties who wish to refer a matter to arbitration shall sign a written agreement to arbitrate which shall be enforceable in ance with the provisions of section one of chapter two hundred and fifty-one.
If neither party appeals the decision, it will be binding, like an order by a judge. However, a party unhappy with the arbitrator's decision can request a new trial before a judge.
The court said the state law is preempted by the Federal Arbitration Act (FAA). As a result, Assembly Bill 51 no longer stands as an obstacle to employers that wish to require arbitration agreements as a condition of employment in California, so long as the FAA applies and governs the agreement.
No, you cannot be forced to sign an arbitration agreement, but if you refuse, the company would be legally entitled to terminate you. It is your decision. Good luck to you.