Arbitration clauses are extremely common in employment contracts. But, despite the Supreme Court’s consistent pronouncements that arbitration agreements should be treated like any other contract, issues have lingered in the Ninth Circuit regarding compelling arbitration of statutory or civil rights claims arising from an employment relationship, and in what circumstances an employee has knowingly waived their right to pursue such claims in court.
A Quinn Emanuel appellate victory recently clarified the law on this issue in the Ninth Circuit. In Zoller v. GCA Advisors (Case No. 20-15595), Quinn Emanuel successfully argued that an arbitration clause stating that “any controversy or claim relating to or arising out of your employment” required the arbitration of all claims by a former employee, including statutory and civil rights claims.
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By George Friedman