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.
At arbitration, the arbitrator will listen as the parties offer evidence about the issues. Witnesses will answer questions under oath, and each party will explain its side of the case. After the arbitration, the arbitrator will review the evidence and make a decision (enter an award) on each issue.
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.
Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.
Texas Arbitration Rules The Texas Arbitration Act states that an arbitration provision can be revoked only if a party has legal grounds to do so. In other words, this means that if you sign an arbitration agreement, there is a good chance that it can be enforced, even if you regret it later.
Arbitration is a form of alternative dispute resolution. It allows both sides to present their case in an expedited fashion to a panel of three attorneys who render a decision that same day. 2.
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.
However, the Texas Supreme Court has ruled that an employer can simply notify at-will employees of the details of an arbitration program it is adopting, and the employees can be bound to that arbitration program by continuing their employment, even if they never sign anything.
Under California law, you cannot be fired solely for refusing to sign an arbitration agreement. The California Labor Code provides strong protections for employees, ensuring that refusal to sign an arbitration agreement cannot be used as grounds for termination.