Many employers have implemented mandatory arbitration programs to resolve disputes with employees. When sued by an employee, an employer with a mandatory arbitration provision occasionally delays seeking an order compelling the lawsuit into arbitration. When a delay occurs, the party seeking to keep the case in court (usually the employee), may resist arbitration arguing that
FAA
Fifth Circuit Refuses to Enforce Illusory Handbook Arbitration Provision
By Russell Cawyer on
Posted in Arbitration, Case Summaries
It’s a rare day when a Texas state court or federal court sitting in Texas refuses to enforce an arbitration agreement. The Texas law is well-developed on this issue and the table is heavily tilted in favor of arbitration. Consequently, most employer arbitration programs in Texas are enforced. However, a recent opinion from the Fifth…
Court Strikes Employer’s Arbitration Agreement With Employee For Lack of Consideration
By Russell Cawyer on
There are a few pockets in the state where lawyers representing employees still vigorously fight the arbitration agreements their clients signed with employers agreeing to arbitrate all disputes. One of the pockets is in El Paso, Texas as evidenced by the number of opinions out of the court of appeals addressing the enforceability of an arbitration…