Arbitration is a private, out-of-court process to resolve employment disputes. It takes place in front an arbitrator, an ostensibly neutral third-party decision maker, who hears the employee and employer’s side of the case and then decides the outcome. Increasingly, employers are requiring that their employees agree to resolve disputes through arbitration, rather than in court, as a condition of their employment.
Wigdor helps clients navigate the often-confusing employment arbitration process and fights aggressively on their behalf to obtain the best possible arbitration outcome. Our lawyers have extensive experience litigating cases on behalf of clients in arbitral forums including FINRA, AAA and JAMS. Our largest arbitration award to date was an almost $24 million award on behalf of a former executive at Six Flags Entertainment Corp. In addition, Douglas Wigdor, the firm’s founding partner, is an AAA arbitrator.
Sometimes, employers draft arbitration agreements in ways that may make the arbitration agreement itself unenforceable, or in ways that may require that only certain types of claims proceed in arbitration. Wigdor has substantial experience in challenging the enforceability of employers’ arbitration agreements when we believe such agreements overreach, or exceed the established limits, and violate the law.
If you believe you have potential claims against your employer and it is not clear whether the claims should be pursued in court or arbitration, you should speak with an experienced employment arbitration lawyer for advice.