Arbitration Employment Agreement in Nebraska: What You Need to Know
Arbitration is becoming an increasingly popular alternative to traditional litigation when it comes to resolving disputes between employers and employees. As a result, many employers in Nebraska are now including arbitration clauses in their employment agreements.
Arbitration is a process whereby a neutral third party, usually an arbitrator or a panel of arbitrators, is appointed to hear and resolve a dispute between two parties. The parties agree to submit their dispute to the arbitrator, who then makes a binding decision.
The use of arbitration agreements in employment contracts is becoming more common in Nebraska. These agreements require employees to bring any employment disputes to arbitration rather than filing a lawsuit in court. Employers argue that arbitration is a more efficient and cost-effective way to resolve disputes, while employees may be concerned that they are giving up their right to a jury trial.
The use of arbitration agreements in employment contracts is legal in Nebraska. However, there are some limitations on the use of these agreements. For example, an agreement cannot waive an employee`s right to file a complaint with the Nebraska Equal Opportunity Commission or the Equal Employment Opportunity Commission.
When considering whether to sign an arbitration employment agreement, it`s important to understand the potential advantages and disadvantages. Some potential advantages of arbitration include:
1. Faster resolution: Arbitration can often be resolved more quickly than a court proceeding.
2. Lower costs: Arbitration may be less expensive than a court proceeding since it does not require the same level of discovery or other court procedures.
3. More privacy: Arbitration proceedings are private, unlike court proceedings which are generally open to the public.
Some potential disadvantages of arbitration include:
1. Limited discovery: Arbitration may not allow for the same level of discovery as a court proceeding, which could limit a party`s ability to gather evidence.
2. Limited appeal rights: Arbitration decisions are generally final and binding, with limited opportunities for appeal.
3. No jury: In arbitration, the dispute is decided by a neutral arbitrator rather than a jury of peers.
If you are presented with an arbitration employment agreement in Nebraska, it`s important to carefully review the terms and consult with an attorney if necessary. Make sure you understand your rights and the potential advantages and disadvantages of signing such an agreement.