Are there any special considerations for employment arbitration?
Yes, there are special considerations for employment arbitration in Virginia. For example, the Virginia Code states that employers must provide adequate notice to employees about a dispute resolution process before they can require any employee to participate in arbitration. This notice must include the provision that employees have the right to a jury trial, which is not available in arbitration. Furthermore, employers must provide employees with a written contract that includes the following: details regarding the dispute resolution process; how decisions will be made; who will hear the case; how long the process will take; and how much the process will cost. Additionally, under Virginia law, an employer cannot require an employee to waive certain rights, such as the right to file a claim with state and federal agencies or the right to pursue claims in civil court. Finally, for any arbitration proceeding involving an employment dispute, the employer must pay the entire cost of the arbitration, including administrative costs and attorneys fees. The employer is also prohibited from collecting or receiving any portion of the employee’s pay or other compensation for the expense of arbitration.
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