HNW Business Law, Employment Law

By Fredrick P. Niemann, Esq. a New Jersey Employment Attorney

A recent federal court decision in New Jersey upheld a provision in an arbitration agreement that subjected an employee to the imposition of attorney’s fees in a failed claim against the employee, but also prevented the arbitrator from awarding punitive or exemplary damages in the employee’s favor. In this case, the  plaintiff was employed by the defendant and alleged that the employer violated his rights by failing to pay overtime and the NJLAD by denying his request to work at home when he was diagnosed with an anxiety disorder. The plaintiff also alleged that the employer violated NJLAD by terminating him in retaliation for his request for the accommodation. The employer moved to dismiss the case and compel arbitration pursuant to an arbitration clause located in the plaintiff’s employment contract.  The employees appealed that the alleged terms of the arbitration agreement were unconscionable because they significantly limited his statutory rights under New Jersey employment law and unfairly favored the employee.
In upholding the arbitration agreement, the Court ruled that the agreement was not offered on a “take it or leave it” basis because the employees believed it stated that: 1) the plaintiff had read the terms and conditions of the employment agreement in its entirety; 2) that he understood the terms and conditions of the employment agreement; 3) the plaintiff had an adequate opportunity to consider the employment agreement before signing it and 4) he had an adequate opportunity to consult with an attorney
about the contents of the employment agreement. Additionally, the Court held that the provision exposing the plaintiff to the assessment of attorney’s fees did not “affront the sense of justice, decency, or reasonableness so as to make the Arbitration Agreement unenforceable.”  Finally, the Court upheld the agreement’s prohibition of punitive and exemplary damages as the provision was not wholly inconsistent with the NJLAD and FLSA due to the fact that NJLAD only permits punitive and exemplary damages in certain instances and federal law allows “compensatory, not punitive damages.”
These cases demonstrate that New Jersey Courts are willing to allow contract law to dictate the handling of employment cases filed under certain statutes.

Contact me personally today to discuss your New Jersey employment issues matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at

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