Arbitration of Employment Claims

Many companies now require employees to sign an arbitration agreement requiring employment-related claims to be pursued in a private arbitration instead of state or federal court.

Generally, the arbitration will be administered by a private company such as the American Arbitration Association or JAMS. Those companies’ rules govern the arbitration process and provide due process protocols to ensure that the arbitration is fair to the employee. The arbitrators often are lawyers or retired judges with knowledge of employment law.

Arbitration is supposed to be faster and cheaper than going to court. But that might not always be the case. When a case is arbitrated, the private arbitrator will be the final decisionmaker in your case. Usually there is no appeal from the arbitrator’s decision. This is one important difference between suing in court and having to pursue your claim in arbitration.

If you have questions about arbitration and how it will affect your claims, contact the attorneys at Johnston Tobey Baruch for an evaluation of your claims by clicking the Tell Us About Your Case button and selecting the Employment Law option.


The publishing of results obtained by Texas law firms is limited by Comment #4 to Rule 7.02 of the Texas Disciplinary Rules of Professional Conduct. The rule states that advertising which reports a lawyer’s achievements on behalf of former clients “may be misleading if presented so as to lead a reasonable person to form an unjustified expectation” of similar results.  We are proud to discuss our past successes with you.  If you are interested in this, please contact us.