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  1. #1

    Default Can an Employee Be Forced to Attend Arbitration in a Different State

    My question involves labor and employment law for the state of: WA

    I worked for my former employer in the state of WA where I currently reside. Because I quit without notice, my former employer sued me as described in this thread "Can an Employee be Sued for Not Giving Sufficient Notice when Quitting".

    The case went to court in the state of WA and was dismissed with prejudice because of the following paragraph in the employment agreement.

    18. ARBITRATION. Employee and the company agree that any claim or controversy that arises out of or relates to this agreement, to the breach of this agreement, and/or the employee's employment, shall be settled exclusively by binding arbitration held in the Commonwealth of Virginia. Accordingly, by signing this agreement below the employee expressly agrees to waive his or her right to a judicial forum in favor of binding arbitration. Judgement upon the award rendered may be entered in any court of competent jurisdiction.

    Now the company says that I have to buy a plane ticket and fly out to VA in order to defend myself. Is this legal when I worked for the company in the state of WA and live in the state of WA?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Can an Employee Be Forced to Attend Arbitration in a Different State

    well, you don't have to go but since it states in the agreement that the arbitration will be held in VA and you agreed, well, you can either go to VA or not. If you don't, I suspect you will have a difficult time convincing the arbiter of your side of the argument.

  3. #3

    Default Re: Can an Employee Be Forced to Attend Arbitration in a Different State

    Are arbitrators usually pretty reasonable about this sort of thing? Can I conference call or teleconference? Or will I have to fly across the country in order to defend myself? Do I have to be served papers in order for the arbitration to happen?

  4. #4
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    Jan 2006
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    Default Re: Can an Employee Be Forced to Attend Arbitration in a Different State

    that is all something you will have to broach with the company and the arbiter.

  5. #5

    Default Re: Can an Employee Be Forced to Attend Arbitration in a Different State

    It seems like there are still some legal pieces missing from this. It only says that I agree to arbitration that takes place in VA. It doesn't say who gets to choose the arbitration firm or that I agree to pay or split any arbitration fees. Without this how can arbitration take place and how can the company enforce the decision that is made?

    If the employer picks an arbitrator favorable to the company and holds arbitration without me, can they then enforce the arbitrator's judgement? I agreed that arbitration take place but not to any specific details. Wouldn't they need to get me to sign a document that says I agree to arbitration with a specific firm to take place on a certain date? Surely they can't hold arbitration without serving me some sort of papers which inform me that arbitration is occurring. Otherwise couldn't I have my own arbitration in VA with arbitrators favorable to me and without having the employer attend?

  6. #6
    Join Date
    Feb 2010
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    Default Re: Can an Employee Be Forced to Attend Arbitration in a Different State

    Quote Quoting anonymous1234
    View Post
    Are arbitrators usually pretty reasonable about this sort of thing?
    What do you think? The company wants binding arbitration so who do you think it favors ... thats right, the employer. Oddly, it does not say who would arbitrate nor if it has to be done by a mutually agreed upon arbitrator or if one party can dictate the arbitrator.

    Yes you would have to be served, just like you did in the court case. But the rules of arbitration can be varied. So, if served, learn & understand the rules first and examine if you can object to the venue.

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