For employers and their counsel, agreements whereby employees are required to arbitrate any possible employment claim are either adored or despised. There is very little room for gray. In the broadest sense, employers who favor such agreements do so because it saves on litigation costs—along with the possibility that a plaintiff may be less sympathetic to an arbitrator than he or she would be to a jury. From the employee’s perspective, arbitration brings matters to finality more quickly than does litigation and an employee with a weaker case may benefit from an arbitrator’s tendency to “split the difference” rather than render a decision wholly in favor of one side. There are, of course, many other factors in play and each party to such an arbitration agreement may have idiosyncratic reasons to seek or avoid enforcement.
The enforceability of an arbitration agreement was at the heart of the court’s recent decision in Caparra v. Maggiano’s, No. 14-05722, 2015 U.S. Dist. LEXIS 116409 (E. D. Pa. Sept. 1, 2015) (Pappert, J.).
Employee Given One Day to Sign Agreement
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