Jottings By An Employer's Lawyer

Saturday, October 05, 2002

Another way to blow the arbitration agreement

With mandatory arbitration clearly the law of the land, we are now down to those cases where specific flaws in the program render them unenforceable. One failure recognized by several courts is where the employer (usually as a result of poor drafting) retains the right to change the arbitration program at any time. Dumais v. American Golf Corp. decided in August by the 10th Circuit is another example.


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