Can a party waive an arbitration clause in an employment agreement if there has been no prejudice to the other party? The U.S. Supreme Court says, "Yes!"
About Stacia HofmannI am a business contracts attorney at Cornerpoint Law in Seattle, Washington. I help small business owners use the power of contracts, the rules of law, and concepts of risk management for more effective operations and enhanced legal protection. I also assist individuals with business ownership offers, exits, LLC disputes, and employment contracts. t: 206-693-2718 | e: firstname.lastname@example.org
If a customer receives an invoice, and an unreasonably long period of time passes without objection, then the customer loses the right to later dispute the amount due.
Small businesses that use independent contractors need to prepare for Seattle's new Independent Contractor Protections Ordinance.
These new business-related laws were passed by the Washington State Legislature and went into effect on January 1, 2022.
When is a party legally excused from performing its promises because the other party breached the contract first?
In Washington, preinjury contractual releases and waivers of liability are permitted. Whether or not they are actually enforceable depends on several factors, one of which is the conspicuousness of the contract language.
In their contracts, businesses can preselect certain states, counties, or courts to host a future lawsuit between the parties. Doing so has its pros, and occasional cons.
To minimize risk and set expectations, businesses can plan for the conclusion of services by using termination and cancellation clauses in contracts.
If you're considering adding an arbitration requirement to a contract, you can choose which types of disputes to leave in court and which types of disputes to ship off to private arbitration.
With a condition precedent, if a condition in a contract is not met, then the promise related to the condition does not have to be fulfilled.
Arbitration is an alternative venue to court. If a party could seek a judge midcourse, there would be increased delays and expenses for all parties.
Some employment roles have value beyond wages. An employment offer that overpromises or is not well-drafted can be just as risky, if not more so, than having no employment offer at all.