The dispute surrounded the employee’s termination due to an inability to be physically present at the workplace. The employee filed suit in Rhode Island state court, alleging that the employer failed to provide reasonable accommodations for her known disability. The employer removed the case to federal court and then filed a motion to compel arbitration.
The employee contended that the employment agreement and its arbitration provision ended with the employment relationship, but the court found that the arbitration clause survived the underlying contract. The court found that the language of the agreement “along with common sense” indicated that employment-related disputes, including termination, were governed by the arbitration provision. The court further ruled that whether the employment agreement was still in effect was a matter of contract interpretation that was for the arbitrator to decide….
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In this episode of the Arbitration Conversation, Amy interviews Jonathan Eades, Senior Legal Counsel, British Columbia Office of the Attorney General, on Canadian arbitration law. https://youtu.be/AvnY_aQi7cM
By Jonathan Eades, Amy SchmitzIn this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about the biggest pitfalls of online arbitration (OArb), especially in a digital world and...
By Deborah Hylton, Marsha Ternus, Michael Pitton, Amy SchmitzThis article first appeared on the Securities Arbitration Alert Blog, here. The Government Accountability Office (“GAO”) has released a Report concluding that the presence of predispute arbitration agreements (“PDAA”) has...
By George Friedman
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