Note, Untipping the Scales: Using State Contract Law to Protect At-Will Employees from Unfair Mandatory Arbitration Agreements
By , February 8, 2012
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Geniuk begins with the premise that many at-will employees submit to unfair arbitration agreements either unwittingly or because of their relative weakness compared to the employer. The author believes that the Supreme Court’s broad interpretation of the Federal Arbitration Act means that states are prevented from limiting arbitration agreements, but he argues that state contract law could ensure that at-will employees are subject to fair arbitration agreements.
