Employers try to have employees and applicants sign agreement wherein they agree to waive their right to a jury trial or to file with a court of law. This is done usually in the beginning of the employment process. The employer can then violate the law and the employee has no right to file in court and is forced to file in an arbitration. The arbitrator’s decision can only be appealed in the rarest circumstances by showing that the arbitrator was corrupt or committed fraud.
The U.S. Supreme Court recently ruled on an Oklahoma case, Nitro-Life Tech., LLC v. Howard, that the interpretation of a contract or agreement that contains an arbitration cause must be decided by an arbitrator and not by the court. The enforceability of the non-compete was to be decided by an arbitrator and not a court of law.
Please contact our NJ Employment Lawyers if you have any questions or would like to discuss your arbitration agreement.