Employment Arbitration

In recent years, arbitration clauses in employment agreements have become common, meaning that an employee must participate in the arbitration process before taking any legal action against their employer in court. If you are considering legal action against your employer for discrimination and you have an arbitration clause in your contract, you may need the assistance of an experienced New York employment arbitration lawyer.

The Arbitration Process

Arbitration is an alternative dispute resolution (ADR) process over which a neutral third party, or arbitrator, resides. Each party receives notice of when a hearing will be held, and during this hearing the parties can present evidence and cross-examine witnesses. Once all evidence and testimony has been submitted, the arbitrator issues a ruling. It is important to note that under New York law, the arbitrator can render a decision based upon evidence presented even if one of the notified parties does not appear at the hearing. Also, unlike mediation, the arbitrator’s decision is typically binding, enforceable in New York state court, and in some cases may not be appealed.

Arbitration provisions in an employment contract generally determine how an arbitrator will be chosen, in what jurisdiction the arbitration will take place, and whether the arbitrator’s decision will be binding or not. If you have an arbitration clause in your employment contract and you do not comply with it prior to filing a lawsuit, your case may be dismissed.

Due to the complexity of the arbitration process, it is imperative that you hire an attorney familiar not only with employment law, but also the arbitration process itself and its various requirements.