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Garfinkel v. Morristown Obstetrics & Gynecology Associates

Because the arbitration clause in the employment agreement that plaintiff signed with defendant refers only to "any controversy or claim" and does not refer specifically to "statutory claims," it is insufficient to constitute an enforceable waiver of his remedies under the Law Against Discrimination and he may proceed with his discrimination action in the Law Division. Consistent with principles of judicial economy, his common-law claims should be tried in the same action as the LAD claims.

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Argued March 26, 2001

The principal issue in this appeal is whether plaintiff waived his right to sue his former employer in the Law Division for alleged violations of the Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (LAD). Plaintiff is a physician formerly associated with an obstetrics and gynecology practice in Morris County. He claims that he was unlawfully discharged from that practice on account of his gender. He also asserts under the common law that his employer’s conduct constituted defamation and tortious interference with his economic advantage.

The trial court determined that plaintiff’s claims, including those asserted under the LAD, were subject to arbitration pursuant to the parties’ written employment agreement. That agreement, which plaintiff signed prior to joining the practice, provides that “any controversy arising out of, or relating to, this Agreement or the breach thereof, shall be settled by arbitration[.]” The Appellate Division affirmed the trial court’s determination.

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