Employment is made to the applicants of private sector

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Reference no: EM131138360

Suppose that before any offer of employment is made to the applicants of a private sector, non-unionized employer with more than 20 employees, the applicants are (1) provided a written copy of the employer’s mandatory arbitration policy, which must be read in the presence of an HR representative; (2) allowed to ask questions regarding the policy; and (3) required to sign a form in which the applicants consent to mandatory arbitration of any unresolved employment-related dispute as the sole and exclusive remedy for such disputes (i.e., agree to forgo any lawsuit or charge with an administrative agency). Provisions such as the arbitrator selection procedure, arbitration cost arrangement, period for filing a complaint, available remedies, etc. are not issues. Discuss whether such an agreement should be considered unconscionable on its face—Focus on the concepts involved rather than specific state law.

Reference no: EM131138360

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