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

Recent Posts
Archive

©2018 Zazzali, Fagella, Nowak, Kleinbaum & Friedman. Blog is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the Zazzali Law Firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of the Zazzali Law Firm.

Offices in Newark and Trenton, New Jersey & New York                         973.623.1822                             

attorneys@zazzali-law.com

©2019 Zazzali, Fagella, Nowak, Kleinbaum & Friedman. Reproduction of the content in the web site in whole or in part is prohibited without the express written consent of the Zazzali Law Firm.

 

This web site is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the Zazzali Law Firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

 

This web site constitutes an ADVERTISEMENT. If you believe this web site is inaccurate or misleading, you may report same to the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, New Jersey 08625. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.