Arbitration is a legal process often used as an alternative to litigation in resolving disagreements in the workplace. Employers can require employees to agree to arbitration of certain disputes as a condition of employment. These agreements are generally enforceable as long as they do not intrude on a federally protected right. In addition, employees can voluntarily agree to arbitration of particular issues.
Arbitration can be effective in resolving a wide range of employer-employee disputes. The following matters are often subject to arbitration:
- Breach of contract — Allegations that the employer or employee has violated the terms of the employment contract
- Restrictive covenants — Disputes related to the enforcement of certain provisions in employment agreements, such as noncompete and nondisclosure clauses
- Wrongful termination — Claims that an employee was fired without just cause, in violation of contractual terms, or of state or federal law
- Discrimination and harassment — Claims of discrimination based on race, gender, age, disability, or other protected characteristics. This includes harassment, although federal law now generally prohibits mandatory arbitration of sexual harassment claims.
- Retaliation — Claims that an employee faced adverse actions as a consequence of engaging in protected activities, such as whistleblowing
- Compensation — Disputes over wages, overtime, or other compensation issues
- Benefits and leave — Disputes over family or medical leave, or interpretations of health insurance or retirement plans
- Workplace safety — Disputes related to employers’ adherence to occupational health and safety rules
- Tort claims — Allegations of intentional or negligent infliction of emotional distress or other torts arising from the employment relationship
- Defamation — Claims that an employer made false statements that harm the reputation of an employee
Arbitration offers several advantages over litigating a case in court. It is private and confidential, which is beneficial in sensitive cases where either party would rather not have details aired publicly. Most arbitrations follow concise rules of procedure, such as those issued by the American Arbitration Association, which make arbitration more efficient than a trial. Depending on the governing agreement, arbitrators can grant equitable relief, such as injunctions, specific performance, and contract reformation. Arbitration is more cost-effective than litigation and also faster, typically taking only a few days or weeks, compared with court cases that can last a year or more.
However, the effectiveness of arbitration often depends on various factors, including the nature of the dispute, the willingness of the parties to engage in the process, and the specific terms of the arbitration agreement. In some circumstances, it may be possible to remove a case from mandatory arbitration. A skilled arbitration attorney will evaluate your unique situation and determine how to resolve your issue in the most productive way possible.
If you are involved in a pending employment dispute in Georgia that is going to arbitration, The Reddy Law Firm, P.C., in Alpharetta, is ready to assist you. Your initial phone consultation is free and can be scheduled by calling 678-629-3246 or by contacting us online.
