When An Employment Arbitration Agreement Is In Place Who May Still Sue

Your last option is to sign the agreement, but with some changes. This is explained below. Employees are at a disadvantage in arbitration compared to legal proceedings. Employers are responsible when drafting arbitrations and choosing the arbitrator to decide the case. A 2015 study from Cornell University looked at decisions of the American Arbitration Association (AAA) over an 11-year period. The study found that employees are less likely to succeed in arbitration and that when damages are awarded in their favour, these arbitral awards are significantly lower than those awarded by courts in similar cases. It is important that matters decided by arbitration are binding and cannot be challenged. In other words, you are stuck with the arbitrator`s decision.

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