An arbitration agreement is an agreement in which workers waive their right to sue the employer in court and let their case be decided by a jury. Instead, under such an agreement, any dispute must be referred to a private arbitrator whose employer often pays high fees. While arbitration may be useful in some cases where the parties have the same bargaining power, it is often misused under labour law, where the worker is relatively powerless in relation to the employer. This is a rare day when a Texas state court or a Texas federal court refuses to impose an arbitration agreement. Texas law is well developed in this area and the table is strongly tilted in favor of arbitration. Therefore, most employer arbitration programs are applied in Texas. A recent opinion of the fifth. The court even found that it was irrelevant for the employer to impose this new arbitration directive after the complainant had lodged his appeal. She based this conclusion on the employer`s assertion that she had not been informed of the complaint filed only two days earlier. I first wrote about the NLRB`s decision that in January 2012, arbitration agreements that waive the right to bring a class action before the dispute violate federal labor law (post). At the time, I thought it was wise for employers to wait for the outcome of the inevitable call that would follow before. Knowledge of the pros and cons of an arbitration procedure can help decide on each specific case whether it should be an arbitration proceeding.
In this regard, the Court of First Instance decided that the company had fulfilled its initial burden of proof, that there was an agreement to reconcile the claim. The court explained that the employee had never expressly refused to sign the agreement and that the company had provided a signed copy of the agreement. In addition, there was no evidence that the worker did not accept the terms of the agreement. Thus, the court found that the agreement was valid. The court also found that the woman`s specific right was in the agreement, as it was a right to “bodily injury”. The so-called arbitration agreement in Kubala contained something called a “delegation clause.” The clause means that it applied not only to the content of a worker`s dispute (i.e.: whether or not the employer breached the FLSA, but also to all matters relating to the applicability of the arbitration agreement itself. . .