New York Employment Lawyers Guide Employees Throughout Arbitration Proceedings

Helping you understand the benefits and drawbacks of arbitration

In today’s highly litigious and competitive business world, many employers have adopted the practice of adding arbitration clauses to employment agreements. By doing so, the employer asks the employee to agree to arbitration as the first step in attempting to resolve legal disputes related to their employment or termination.

At Hepworth Gershbaum & Roth, our New York employment arbitration lawyers leverage more than 70 years of experience to help employees understand the arbitration process. Whether you are in the process of reviewing an employment agreement with an arbitration clause, or have encountered a dispute requiring arbitration, our lawyers can help.

What is arbitration?

Arbitration is an alternative dispute resolution strategy that allows each party to offer their side of the story before an impartial third party, known as an arbiter.

Logistically, the arbitration process functions much like a jury trial. Throughout the process, your New York employment arbitration attorney stands by your side to ensure that your voice is heard on each and every detail of your case. Witness testimony may be heard and evidence may be presented.

After hearing testimony from both parties, the arbiter will make a ruling on the case. In some forms of arbitration, this ruling is legally binding. In others, the ruling may be appealed through additional legal action.

Is the arbitration process good or bad?

The arbitration process offers many benefits, as well as many drawbacks. Depending upon your situation, arbitration may be the best course of action, or it may be detrimental to obtaining favorable resolutions.

Compared to conventional litigation, arbitration offers the benefits of being much more:

• Efficient: Some litigation processes last months, if not years. Arbitration is designed to provide swift resolution to even the most complex employment law issues. The efficient nature of the process helps both parties move forward as quickly as possible.

• Private: Court proceedings are open to the public, as are any records resulting from litigation. Arbitration, on the other hand, is a private process that shields all parties from outside scrutiny. This may be helpful in avoiding media attention and lasting record of the case.

• Relaxed: Courtroom litigation is a highly regimented, often intimidating process. Arbitration is a much more relaxed process that allows both parties to discuss their case without the strict guidelines of the court.

• Affordable: Due to its efficiency, arbitration often costs just a fraction of the amount of litigation. This is helpful for both parties, as employees are able to retain legal assistance without breaking the bank and employers are able to resolve cases while protecting their bottom line.

While the benefits of arbitration are clear, so are the drawbacks. Arbitration may be counter-productive based on its:

• Finality: Unlike litigation, arbitration may be legally binding, meaning that the arbitrators ruling cannot be appealed. This prevents both parties from drawing out the proceedings, but also limits the legal recourse the parties have when facing an adverse ruling.

• Forced nature: Signing an employment agreement with a arbitration clause means that you have no option but to attempt to resolve disputes through arbitration. This means that you are captive to the process, and cannot seek other legal recourse. In some cases, this may work against you.

Discuss your arbitration concerns during a free consultation with one of our New York employment attorneys

Before signing an employment agreement with an arbitration clause, or beginning the arbitration process, it may be helpful to discuss your concerns with an attorney. At Hepworth Gershbaum & Roth, our New York employment agreement arbitration attorneys offer the insight and advice you need to understand your rights and the impact the arbitration process may have on your future.

To schedule a free consultation to discuss your employment arbitration concerns with one of our New York employment law attorneys, contact us online or call 212-545-1199 today.