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NDNY Finds Party Waived Right to Pursue Employment-Related Claims and Confirms Arbitration Award

The plaintiff voluntarily signed an employment agreement that provided that any and all employment-related disputes arising out of the plaintiff’s employment would be subject to confidential arbitration. Following his termination, the plaintiff filed suit, asserting claims of retaliation and discrimination, which action was stayed pending arbitration. The employment agreement “clearly and expressly states that, by signing the agreement, Plaintiff agrees to arbitrate all claims regarding his employment against Defendant under the terms of the” agreement. “Plaintiff has not provided any reason as to why this agreement is somehow unenforceable. As a result, the Court finds that the Arbitrator had jurisdiction to preside over the parties’ dispute.” The court affirmed the arbitration award, as the plaintiff failed to show the existence of grounds to vacate the award.

McNeill v. Ramours Furniture Co., No. 6:15-cv-01473 (N.D.N.Y. Aug. 1, 2019).

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About this Author

Nora A. Valenza-Frost, Carlton Fields, Insurance lawyer

Nora Valenza-Frost represents U.S. and international insurers and reinsurers in arbitration and litigation involving complex claims, coverage and regulatory issues across all lines of business.

Nora provides coverage opinions for claims involving several lines of business, including commercial general liability (CGL), professional liability, directors and officers liability (D&O), contractor’s protective professional indemnity (CPPI), errors and omissions (E&O), excess and surplus lines, property, workers’ compensation, business interruption, life and health, pollution,...