An old saying cautions, “Be careful what you wish for…you just might get it.” Along a similar line, it is also extremely important, particularly when it comes to legal matters, to be careful about what you consent to do because you just might be unable to change your mind later. One area in which this can be true is when it comes to entering an agreement to arbitrate your New Jersey discrimination case. Before you agree to arbitrate, settle, or make any major decision in your case, make sure you have first consulted with an experienced New Jersey discrimination attorney.
A hair products company’s employee learned this concept in a difficult way in his case. Jang, the employee, filed a complaint against the hair company in 2016, alleging that it had violated the New Jersey Law Against Discrimination.
Today, many employers include mandatory arbitration clauses in their employment agreements. These provisions say that if you, as an employee, file a certain type of legal claim, the employer is entitled to demand that the case be resolved in arbitration instead of in court. Employees who have these types of clauses in their employment contracts should be sure to consult counsel before bringing legal action. The employer will almost certainly seek to enforce the clause and demand arbitration. However, if the agreement is too vague or too one-sided, you may be entitled to a court order declaring the clause unenforceable, which would allow your civil court case to continue.