Mark Twain wrote that it isn’t what you know that hurts you, it’s what you think is so that isn’t. So, let’s play “Claim or No Claim.”
First, arbitration agreements. Scenario: An employee acknowledges receipt of a handbook, which contains a provision that disputes between the employer and the employee must be arbitrated. However, the handbook also provides the following: Nothing in it is to be considered a contract of employment or a “legal document,” its contents can be changed at any time, and employees will be notified of any changes “as they occur.” An employee filed suit, alleging discrimination; the trial court ultimately granted the employer’s motion to compel arbitration, and this year Houston’s 14th Court of Appeals affirmed.
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