Waivers of Arbitration Clauses in Employment Agreements
2022-05-27T15:56:10-07:00Can 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!"
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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!"
Small businesses that use independent contractors need to prepare for Seattle's new Independent Contractor Protections Ordinance.
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.
Fundamentally changing an at-will employee's job duties after employment begins may result in a claim for breach of contract.
An agreement to arbitrate requires that the parties actually agree to arbitration.
Time flies, but lawsuits move slowly, so it's entirely possible that parties may be involved in court litigation when the restrictive time frame in a non-compete agreement expires. Why is that important?
An affirmative statement or action that unequivocally shows that a party does not intend to comply with a contract is called anticipatory repudiation, and when it occurs, the non-breaching party can stop performance of the contract without penalty.
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