Are there any special considerations for employment arbitration?
Yes, there are special considerations for employment arbitration in Delaware. Generally, employers and employees may enter into an agreement to resolve their disputes in arbitration. This means that instead of having a lawsuit in court, the employer and employee can agree to a hearing with a neutral third party (arbitrator) to resolve their dispute. When it comes to employment arbitration, Delaware law requires employers to provide a "written notice" to the employee informing them of their rights to arbitration. This notice must be provided to the employee before they sign any employment agreement that includes an arbitration clause. The purpose of the notice is to provide the employee with advance knowledge of their rights to arbitration. In addition, Delaware law makes it illegal for an employer to require any employee to waive his/her right to a jury trial in any employment dispute. This means that it is illegal for an employer to require an employee to waive their right to sue or have a trial, regardless of whether the dispute is resolved through arbitration or a court proceeding. Finally, when an employer and employee agree to resolve their dispute in arbitration, the employer is legally responsible to pay all the arbitration fees. This includes the cost of the arbitrator, the fees for the hearing location, and any other related costs. Overall, Delaware law provides employees with special considerations when engaging in employment arbitration. It is important for employees to receive written notice of their rights to arbitration, they cannot waive their right to a jury trial, and the employer is financially responsible for the arbitration costs.
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