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Total Articles: 2

New Jersey Appellate Court Rules Arbitration Agreement in Employee Handbook Unenforceable

In C.M. v. Maiden Re Insurance Services, LLC, No. L-3622-13 (App. Div. Sept. 18, 2015), the New Jersey Appellate Division held that an employee was not compelled to arbitrate her employment discrimination claims, notwithstanding her confirmed receipt of a handbook containing an arbitration agreement. Electronic confirmation that the employee received the handbook was not enough to constitute a knowing waiver of her constitutional rights to have her claims under the New Jersey Law Against Discrimination (NJLAD) decided by a jury, as

New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”

Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require employees to arbitrate their employment-related claims, including statutory discrimination and retaliation claims.
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