In general, these are some points that you might try to negotiate in your arbitration contract: An area of scrutiny, the courts are very sensitive in general is any biased method of selecting the arbitrator. For example, if the employer retains full control over the selection of the arbitrator, most courts have found the agreement unenforceable. Unfortunately, this is a somewhat difficult situation to detect, as employers often use seemingly neutral or independent agencies to provide arbitrators. However, in many cases, these agencies simply advertise to employers for their services and point out that they are a way to control the costs of workers` applications. There are also times when arbitrators deal regularly with an employer and depend on the income of that employer`s business. These are all factors that can influence a court in deciding whether an arbitration agreement is not applicable because it does not protect the employee`s right to a neutral party as an arbitrator. Employers should review and revise all current or expected arbitration clauses contained in separate guidelines, applications or agreements to ensure compliance with the latest California Supreme Court guidelines. The agreement should not be unilateral like the Foundation Health Agreement. A well-developed arbitration decision, which will go through judicial review, can still offer the benefits of a less costly, efficient and private dispute resolution mechanism to resolve state law claims.
We will have to wait and see if the U.S. Supreme Court will come back to this issue at the federal level. In the meantime, the employer, along with their lawyer, should ensure that their agreement is applicable. It has become a common practice for employers to include a work stoppage agreement in most employment contracts these days, but many workers are unsure of what they are signing. This article evaluates arbitration agreements, including whether you must sign a contract with an arbitration contract and what to do if you are to sue your employer. If an employee was told that the agreement was characterized as a ”simple form” or ”not important” and/or that it was not necessary to read the agreement prior to signing, if you hire new employees or develop a new employment contract, you may be wondering if you are entering an arbitration agreement into the contract. For many employers, arbitration agreements for the resolution of labour disputes that may arise in the future are preferable. However, it is extremely important for employers to ensure that arbitration agreements are applicable.