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!"
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.
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.
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.
By understanding that even minor, unintentional marketing mistakes can lead to consumer protection claims, business owners can better manage the risks of their various marketing efforts.
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?
All small business owners, even those without employees, should understand Washington's workers' compensation reimbursement rights.