Amy E. Hatcher, an Associate in the Employment, Labor & Workforce Management practice, in the firm’s Newark office, authored an article that was showcased as a legal update in Thomson Reuters Practical Law titled “Epstein Becker: New Jersey Arbitration Clause Unenforceable Due to Employment Handbook Disclaimer.”
Following is an excerpt:
This Law Firm Publication by Epstein Becker & Green, P.C. discusses Morgan v. Ramours Furniture Company, Inc., in which a New Jersey appellate court held that an arbitration clause in a handbook is unenforceable if the handbook also contains a disclaimer that it does not create a contract. The court found that it would be inequitable for an employer to claim that the handbook is not a contract when facing an employee's breach of contract suit, but to treat handbook language as contractual when attempting to enforce its arbitration provision.
This article was first published in Retail Labor and Employment Law, an Epstein Becker Green blog.