With effect from 1 January 2020, this law prohibits certain provisions in employment and separation contracts. In this situation, it is important to consult a lawyer to determine what rights you may have. Depending on the issue in question and the provisions of the agreement, you may need to make a strategic decision quickly as to whether to continue the current forced arbitration or to continue the proceedings before the courts. There can be quick turnaround times that impact your legal strategy, so it`s important to consult a lawyer immediately to get the widest range of options for yourself. For example, in Arnold v. Burger King, where an employee claimed she had been raped by a superior during her work, the Ohio State Court overturned a forced arbitration agreement signed by the employee. The Tribunal found that the arbitration agreement was procedurally unscrupulous and unscrupulous in substance, given the difference in bargaining power between the parties, in that it sought to include a right to rape in its broad scope. Therefore, the combination of procedural and material capacity for scruples made the agreement impossible to enforce. Kristin Tauras is the labour law officer at McKenna Storer. Please contact them if you have any questions regarding the application of the Illinois Transparency Act or other employment matters. The public judicial system offers the protection of a system relatively free from employer influence – a protection that often does not exist in forced arbitration proceedings. In addition, the judicial system is accessible to the public and its decisions can be challenged.
In employment cases, access to discovery is essential, as so much of the information you need to prove your case is in the hands of your employer. Unlike conciliation in labour or commercial disputes, instead of a contract that governs the relationship between the parties, there are laws that must be interpreted and applied as they apply to the employment relationship, making these cases more complex and requiring judges who know the law. These and many other valuable elements of the public justice system are either limited or unavailable in the forced arbitration system. On August 9, 2019, Illinois Governor Pritzker signed the current Workplace Transparency Act (the “Act”) into effect. . . .