Should employment contracts have an arbitration provision?

Get Legal Help Today

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 16, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

An employment contract may provide for arbitration of any employment dispute, in lieu of litigation. A handbook or policy manual may do likewise, but a provision that is not signed by the employee (or acknowledged by his/her as binding) may not be enforced by a court.

An arbitration provision may specify the procedure to be followed in arbitration, and how the costs of arbitration are to be split between the employer and employee. Arbitration provisions may cover most or all employment disputes, including discrimination claims. However, discrimination claims should be expressly included in the written arbitration provision.

It is uncertain at this time whether courts will enforce arbitration of all types of discrimination claims, rather than let an employee take such claims to court despite an arbitration provision.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption