Comment, Sign Here: Arbitration Clauses in Employment Contracts
By , February 8, 2012
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The article discusses the issue of arbitration clauses in employment contracts in the context of Cooperv. MRM,Inv. Co. In Cooper,the Sixth Circuit Court of Appeals upheld an arbitration clause by considering five issues: whether it was a contract of adhesion, whether it was unconscionable, whether it lacked sufficient bilateralism, whether there was a threat of invalidity due to lack of express waiver of the right to jury, and whether arbitration would be prohibitively expensive. Cooper stands for the acceptance of arbitration as a legitimate tool for resolving employment conflicts. Cooper advises that arbitration agreements should contain a severability clause.
