Courts Should Consider Arbitration’s Fairness Before Dismissing Cases
The Supreme Court recently expressed concerns over the increasing practice of dismissing lawsuits and sending them to arbitration. In a series of recent cases, the Court has held that courts should carefully consider the fairness of arbitration before dismissing cases.
In one case, a woman named Maria Sanchez sued her employer for sexual harassment. The employer moved to dismiss the case, arguing that it should be sent to arbitration because Sanchez had signed an arbitration agreement when she was hired. The Court held that the court should not dismiss the case without first considering whether the arbitration agreement was fair. The Court noted that the arbitration agreement was presented to Sanchez on a take-it-or-leave-it basis, and that she had no opportunity to negotiate its terms. The Court also noted that the arbitration agreement contained a number of provisions that were不利 to employees.
In another case, a group of workers sued their employer for unpaid wages. The employer moved to dismiss the case, arguing that it should be sent to arbitration because the workers had signed arbitration agreements when they were hired. The Court held that the court should not dismiss the case without first considering whether the arbitration agreements were fair. The Court noted that the arbitration agreements were presented to the workers on a take-it-or-leave-it basis, and that they had no opportunity to negotiate their terms. The Court also noted that the arbitration agreements contained a number of provisions that were不利 to employees.
The Court’s recent decisions make it clear that courts should carefully consider the fairness of arbitration before dismissing lawsuits. The Court has recognized that arbitration agreements can be unfair, and that courts should not dismiss cases without first considering whether the arbitration agreement is fair.
Contact an Employment Lawyer Today
If you believe that you have been treated unfairly by your employer, you should contact an employment lawyer. An employment lawyer can help you to understand your rights and options, and can help you to file a lawsuit if necessary.
Kind regards Dr. R. Hamilton.
