How Does Arbitration Affect Employment Law in California?
Arbitration is an issue that is radically changing the landscape of employment law, not just in California, but across the country. With the enforceability of arbitration, employers now have a weapon in their arsenal that essentially precludes employees from being able to sue their employer in court with a jury of their peers. Instead, the employee’s claim is heard typically by a retired judge in private without a jury, and this venue choice where the case will actually be heard, it can have a significant impact on the rights of the employee and if those rights are violated, the value of that Violation. The reason employers do this is not so that they can have a faster, cheaper, more efficient means of resolving disputes. The reason they do it is simple; they are afraid of being in front of juries and think that they can get a much better shake from a retired judge than a jury of their peers, of the peers of the employee who is evaluating the actions of the employer.