by Aaron Roblan, Esq.
The California Supreme Court has issued a decision providing useful clarification to employers that want to revise or enforce existing mandatory arbitration agreements.
The court ruled that:
- Arbitration awards can be overturned if the arbitrator commits a clear error of law and deprives an employee of a hearing on the merits of their Fair Employment and Housing Act (FEHA) claims or other unwaivable statutory claims.
- Arbitration agreements may preclude employees from pursuing administrative adjudication remedies.
- In FEHA cases, arbitrators must explain their decisions and can’t simply rule.
The case has important implications for California employers that use mandatory arbitration agreements.
A matter of timing
Luis Turcios worked for Pearson Dental Supplies as a janitor from February 1999 until he was terminated on Jan. 31, 2006. On April 5, 2006, Turcios filed an age discrimination complaint with the...(register to read more)