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  1. #41
    Join Date
    Oct 2014
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    Default Re: Your Rights, Arbitration vs Civil Court System

    Quote Quoting budwad
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    I will agree with you in the abstract that a contract may be enforceable after termination depending on the facts. However, in the case we are talking about, a case where OP did not breach his contract while still being employed. He filed a discrimination complaint and was terminated as a result of it. He did not breach his contract while employed and I would contend that the employer acted in bad faith relieving OP from the provisions of his contract.
    All well and good, Bud, but I saw nothing in the NM case law that makes a distinction either because the employee breached the contract or because the employee was terminated for cause, and those two things are different. You are, I think, grasping at straws now on this one because you don't like that the employee might still be subject to a contract after being terminated. It rubs you the wrong way. But I have case law in NM showing termination did not render the agreement unenforceable which I have provided to you and you have yet to show me any NM case law making the distinction you now wish to make. So show me a case where the NM courts make that distinction. Otherwise, I don't see that your distinction holds up.

  2. #42
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Your Rights, Arbitration vs Civil Court System

    What do you think of this NM case?

    We have to take some latitude since we don't have the contract of OP. However, maybe you will get my point.

  3. #43
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Your Rights, Arbitration vs Civil Court System

    Quote Quoting budwad
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    What do you think of this NM case?
    I think that it does not support your contention that a termination without cause or a breach of contract will render the contract unenforceable. The case simply reinforces that to have a contract in the first place there must be mutual consideration, among other requirements. In order to know if there was mutual consideration we would need to look at the contract, which is what I said at the outset: we would need to actually read the entire agreement to determine whether the arbitration provision is enforceable. It may or may not be — but we won't know unless we read it. All I have taken issue with in this thread is your assertion made earlier that termination of the employee would make the contract "toilet paper", i.e. unenforceable.

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