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Can Employment Law Arbitration Work?, Mark Berger

Faculty Works

Over the course of the 1960s through early 1990s, a wave of Federal and State legislation modified the presumption of an at-will employment relationship with a number of statutes that gave workers rights to not be terminated for suspect reasons. However, these protections made conflicts following termination of employment far more likely, and measures were taken to try to lessen the chance of these becoming litigation. Following the Supreme Court’s decision in Gilmer v. Interstate/Johnson Lane Corporation, the use of mandatory alternative dispute resolution, primarily arbitration, to resolve employment rights claims began to be considered. This article examines whether …