Supreme Court Shows Further Support for Arbitration | NJ Employment Law

By Thomas McKinney

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.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.