Friday, April 27, 2012

No Arbitration in Law Firm Employment Dispute

The New York Appellate Division for the First Judicial Department has held that a law firm employee is not bound by an earlier agreement to arbitrate:

The record shows that the parties entered into an employment agreement that contained a broad arbitration clause. The agreement also provided that it could not be extended except by a writing signed by both parties. At the time of plaintiff's termination, the employment agreement had expired by its own terms, and no written agreement signed by both parties had extended it. Although plaintiff continued to work for defendant law firm after the expiration of the agreement, evincing an agreement to extend some of the provisions of the contract, that was insufficient to extend the arbitration provision without a clearly expressed intention to do so. Accordingly, since no agreement to arbitrate existed at the time of plaintiff's termination, the court improperly stayed the proceedings and directed arbitration. (citation omitted)

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/04/the-new-york-appellate-division-for-the-first-judicial-department-has-held-that-a-law-firm-employee-is-not-bound-by-an-agreem.html

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