California Employer Waived Right to Compel Arbitration

September 28, 2018


An employer that participated in a former employee’s wrongful termination lawsuit in court for almost two years before seeking arbitration of the claims waived its right to compel arbitration, a California appellate court ruled. Although the employee had signed an arbitration agreement and the state has a public policy favoring arbitration, the employer’s delay in requesting arbitration was unreasonable and so the employer waived its right to have an arbitrator decide the claims, the court said.

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