Increasingly, employers are seeking to impose mandatory arbitration provisions to resolve disputes with employees. Often, however, those employees object to arbitration and prefer a trial in court. They contend that the arbitration provisions the employer is imposing are unenforceable not only because of alleged unconscionability but also because the employees were not made aware of these provisions or their applicability to them.
Recently, a federal district court in the Sixth Circuit was confronted with such a notice problem. It issued a ruling that should cause employers generally to reconsider the adequacy of the procedures by which they advise their employees of these dispute resolution procedures.
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