Arbitration is a common, employer imposed method for resolving employment conflicts without going to court. However, Outten & Golden Partner Wendi Lazar suggests that when an employee is forced by contract to arbitrate rather than sue, arbitration becomes a means for employers to suppress the rights their employees would be entitled to in court.
In her recent article “Mandatory Arbitration: Searching for Fairness,” from her New York Law Journal column “Employees in the Workplace,” Lazar explains how arbitration clauses can curb employee rights through tactics like shortening statutes of limitations and preventing discovery. Lazar states that such limitations are “blatantly unjust.”
In her column, Lazar discusses the standards surrounding mandatory arbitration, recent trends, and exciting new legislative solutions aimed at protecting employees from the excesses of mandatory arbitration.
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