Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers the Rights of Individual Employees
| Title: | Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers the Rights of Individual Employees |
|---|---|
| Authors: | Taylor, Spring E. |
| Source: | Journal of Dispute Resolution |
| Publisher Information: | University of Missouri School of Law Scholarship Repository |
| Publication Year: | 2015 |
| Collection: | University of Missouri, School of Law: Scholarship Repository |
| Subject Terms: | arbitration; Dispute Resolution and Arbitration; Labor and Employment Law; Law |
| Description: | In a country that protects the plaintiff's right to a day in court, it only seems natural that Sally should have the opportunity to take her cause to the courthouse. But the strong fedral presumption that supports the enforcement of arbitration provisions is like a hammber that pushes plaintiffs like Sally and those if Huffman into the arbitration arena. In Huffman, the Sixth Circuit rescued an employwer from an ambiguous arbitration provision contained in the employer-drafted employment agreement and enforced the arbitration provision as one of the provisions to survive expiration of the contract, even though it was not listed in the survival clause. |
| Document Type: | text |
| File Description: | application/pdf |
| Language: | unknown |
| Relation: | https://scholarship.law.missouri.edu/jdr/vol2015/iss1/15; https://scholarship.law.missouri.edu/context/jdr/article/1723/viewcontent/14_Taylorvol2015.1.pdf |
| Availability: | https://scholarship.law.missouri.edu/jdr/vol2015/iss1/15; https://scholarship.law.missouri.edu/context/jdr/article/1723/viewcontent/14_Taylorvol2015.1.pdf |
| Accession Number: | edsbas.B760A2C4 |
| Database: | BASE |