Legal Cases

24 02, 2011

New Case On Employment Arbitration Clauses

By |2011-02-24T08:47:36-07:00February 24th, 2011|Legal Cases|Comments Off on New Case On Employment Arbitration Clauses

A new case , Wherry v. Award Inc., recently came down on arbitration clauses. An arbitration clause was found to be procedurally unconscionable where plaintiffs were given the agreement when at the beginning of the relationship with defendants; were told they were required to sign it if they wanted to work for defendants and were only given a few minutes to review and sign the agreement. The plaintiffs were also not given an opportunity to ask questions; nor were they given a copy of the document. Further, the clause authorizing the arbitrator to award costs, including the arbitration fee, on the losing party, was substantively unconscionable.

8 05, 2009

Arbitration Clause in Union Contracts Unenforceable to Statutory Claims — California Court Holds

By |2009-05-08T12:36:07-07:00May 8th, 2009|arbitration, Legal Cases|Comments Off on Arbitration Clause in Union Contracts Unenforceable to Statutory Claims — California Court Holds

The California Court of Appeal has recently ruled that an arbitration clause that was agreed upon as part of a Union contract was not sufficient to render claims for violation of alleged statutory rights subject to arbitration pursuant to the agreement.