Arbitration and your rights on the job |
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If your employer includes such a clause in your employment agreement or employee handbook, access to the courts is better than arbitration, even without the right to a jury trial. Still, a lack of access to a jury trial does cut down on your options and may result in lower damages awards.
Many clauses also prevent employees from pursuing class action claims, an important right that allows employees to join together. Without a class action option, many smaller disputes may never get to court because the employees involved can't find an attorney to take their case.
If you must arbitrate
If you have a dispute with your employer and must arbitrate, there are some actions you can take to improve your chances. Maltby recommends that you carefully study the rules of the arbitration provider that will decide your case, organize any documents you have that will help you prove your case and hire a lawyer.
"It can be hard to get an attorney interested in a case that involves less than $25,000, but you don't want to face a high-power lawyer from your employer on your own," he says.
Palefsky and Bland agree that securing the representation of a lawyer experienced in labor law and also in employment arbitration clauses is particularly important.
The background of the arbitrator who will ultimately decide your case is also vital, says Damian Albergo, an associate with Cole Schotz in Hackensack, N.J.
"Under the AAA (American Arbitration Association) rules, you have the opportunity to participate in the selection of the arbitrator, so you can look into the background of the arbitrators who are available," he says.
Arbitrators with a specific background in the type of dispute you are involved with or who have worked in labor law on the employee side may view your case more favorably than arbitrators without those qualities.
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