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arbitration agreements

Mar 08, 2018

Electronic Delivery of Arbitration Agreements: Make Sure You Have Proof of Assent

Craig Schmell was a Senior Vice President with Morgan Stanley in Red Bank, New Jersey, until his termination of employment in October 2017.  Schmell filed a federal lawsuit claiming his firing constituted discrimination based on his status as a recovering addict. » Read More

Mar 29, 2017

Jury Waiver And Arbitration Agreements Require Specificity

A recent New Jersey Appellate Division decision once again highlights the specificity required to enforce jury waivers or agreements to arbitrate employment disputes.  In Noren v. Heartland Payment Systems, Inc., ___ N.J. Super. (App. Div. 2017), Plaintiff signed an employment agreement containing a jury-waiver provision stating that the parties “irrevocably waive any right to trial by jury in any suit, action or proceeding under, in connection with or to enforce this Agreement.”  Plaintiff was subsequently terminated and filed suit against the Defendant employer for breach of contract and violation of New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”).  » Read More

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