Jottings By An Employer's Lawyer |
Wednesday, February 26, 2003
Arbitration in New Jersey - Signature Required
Although not strictly required, a party's signature to an agreement is the customary and perhaps surest indication of assent. Absent plaintiff's signature here, we cannot enforce the waiver provision unless we find some other unmistakable indication that the employee affirmatively had agreed to arbitrate his claims. Finding no such proof, we must hold for plaintiff.The mere fact that he was aware that the company's policy was that all disputes should be arbitrated was not sufficient to show his agreement. This differs from the rule in Texas, where the Halliburton decision was just the opposite. Labels: arbitration
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