Continued Employment Constitutes Implied Consent to Arbitrate

June 06, 2019 | From HRCalifornia Extra

by Lisa V. Ryan, Partner, Cook | Brown LLP

Employment agreements are often an effective and useful way for employers to manage certain terms and conditions of employment. Provisions that are often found in agreements include arbitration agreements — where the employer and employee agree to resolve disputes outside of court.

What if an employer wants to adopt a new arbitration agreement or make other changes to existing employment agreements and the employee doesn’t “agree” to those changes, but continues to work for the employer under the new terms of the agreement? Can the employer tell employees that continuing to work for that employer constitutes acceptance of those new terms?

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