New York Employment Arbitration Lawyers

More and more employees are finding themselves in front of arbitrators, rather than courts, to resolve disputes with their employer. Many employers require their employees to sign mandatory arbitration agreements and will aggressively enforce these agreements. These agreements have pros and cons for the employee. On the one hand, arbitration is sometimes a quicker dispute resolution process and can be less costly than going to court. On the other hand, arbitration sometimes lacks certain procedural protections, and some people believe that arbitrators are less sympathetic than courts or juries to the rights of employees. Unlike some attorneys, who will categorically object to taking a case to arbitration because of their unfamiliarity with the process, the attorneys at Cary Kane LLP, are experienced advocates both in court or in arbitration. This allows us to advise and represent a client based on their interests, rather than the lawyer's preference for a particular forum. Below we discuss some of the issues that arise if you are faced with a potential employment arbitration.

Enforceability of Arbitration Agreements

The United States Supreme Court has held that generally, mandatory arbitration agreements between employers and employees are enforceable. In some cases, however, an arbitration provision may not be enforced against an employee. If an arbitration agreement does not provide an employee with sufficient substantive or procedural protections, it may be held void. In addition, even if an arbitration agreement is found to be valid, it may only cover certain types of claims, while allowing others to be litigated in court. With respect to arbitration agreements between a union and an employer, many courts have held that such provisions only apply to disputes under a collective bargaining agreement, and do not affect an employee's individual rights under a statute.

Representation at Arbitrations

If an arbitration agreement does apply to your employment dispute, you are best advised to have an attorney represent you at such a proceeding. At Cary Kane LLP, our lawyers collectively have decades of experience handling arbitrations.

If you are facing an arbitration regarding your employment contact Cary Kane LLP to schedule a consultation.