Many employees and consumer enter into arbitration agreements with their employers and companies that provide goods and services. This agreement, or a clause in a larger agreement, guarantees that the parties will go to arbitration rather than take their claims to trial. But arbitration agreements are like any other contract; they must meet certain requirements to be valid. One of these is specificity - so that all parties are aware of what rights they are getting and giving up. Courts in New Jersey and all over the country have invalidated contracts for lack of clarity in this area.
Sexual harassment in the workplace has become part of main stream media, and for good reason. According to a 2017 CNBC survey, 19% of American adults have said they have been victims of sexual harassment in the workplace. For men, this number was 10%, and for women, the number was 27%. These statistics likely don't capture the whole picture, though, with most victims not reporting incidents of sexual harassment.
Lawyers often get the reputation of thinking about the "worst case" scenarios, no matter how unlikely they may be. It is a tricky game of "what if," where a potential situation is weighed against the likelihood that it will occur. Insurance companies similarly weigh these pros and cons and decide whether they will insure against a particular situation.
While filing a lawsuit is the most well-known form of getting legal relief, arbitration has become an alternative to resolving employment disputes, like discrimination, wrongful termination and wage claims. The 2 sides go before a neutral arbitrator, usually an attorney or retired judge, but are limited to whatever terms are in the employment agreement that was signed, usually at or after the time the employee begins his or her job.