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Monday, January 13, 2014

Employee’s failure to “opt-out” after reading an e-mail and webpage resulted in an arbitration agreement


Employee’s failure to “opt-out” after reading an e-mail and webpage resulted in an arbitration agreement

Source: Employment News from WKL&B WorkDay

The employer had implemented an arbitration program to resolve disputes between it and its employees.. Its notice to employees included the statement : “If you do not opt out by the deadline, you are agreeing to the arbitration process set forth in the Agreement.”

An employee who received a notice of the arbitration agreement and accessed the relevant “webpage” failed to “opt-out” by not declining to use the arbitration process by the deadline indicated on the web site. The court granted the employer’s motion to compel arbitration of the employee’s discrimination claims, holding that the employee, by failing to opt-out in a timely manner, had agreed to submit the matter to arbitration.

The text of the article by Lorene D. Park, J.D, writing for Wolters Kluwer, is posted on the Internet at:

The text of the federal district court’s decision is posted on the Internet at:

NYPPL Comment: As the employee had alleged that that employer had subjected him to a hostile work environment and unequal discipline, and unlawfully terminated his employment based on his national origin, it could be argued that the employee had a vested statutory right to litigate his complaint[s] that could only be obviated if he affirmatively elected submit the matter to arbitration.  




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