Is Your Arbitration Agreement Enforceable? If It Does Not Designate an Arbitration Forum, It May Not
In a recent case, the New Jersey Appellate Division addressed the question of whether an arbitration agreement that does not specify an arbitration forum, or any process for conducting the arbitration, is enforceable. The court held that it is not. In Flanzman v. Jenny Craig, Inc., Dkt. No. A-2580-17T1 (App. Div. 2018), the plaintiff, an eighty-two-year-old weight loss counselor who had worked for defendant employer for twenty six years, filed a lawsuit against her former employer alleging that her hours were reduced substantially from full-time to three hours per week, and then she was ultimately terminated, in violation of the New Jersey Law Against Discrimination (NJLAD). The defendant fi
New Jersey Legislature Considering a Bill That Radically Transforms Existing Law Governing the Enfor
A Bill currently pending before the Legislature in New Jersey effectively re-writes the existing common law governing enforcement of employment non-compete agreements by placing substantial additional limitations on an employer’s ability to both enter into and enforce such agreements. All signs point to the likelihood that this Bill will become law. An agreement not to compete (also known as a restrictive covenant) typically restricts an employee from competing with or soliciting clients from an employer for a period of time after the employee leaves the employer’s employ. These contractual provisions have historically been reviewed by courts on a case-by-case basis to determine their enforc
