Tuesday, August 18, 2020
NJ Supreme Court: guts consent to arbitration principle -Amy Skuse v. Pfizer, Inc. (A-86-18) (082509)
Left: Associate Justice Anne Patterson author of majority opinion
Right: Chief Justice Stuart Rabner - dissenter
Pfizer told employees to complete a "training module". If you did not affirm that you agree to arbitration as exclusive remedy your employment terminates after sixty days. That's just fine with the majority of the New Jersey Supreme Court. The principle - a high ethical one - of enforcement of voluntary agreements is reduced to a mere formality without substance in these circumstances.
Private employers can dictate - at price of losing your job - that you will never seek redress from the public courts. Only the private redress - such as it is - of individual arbitration remains. Only Chief Justice Stuart Rabner dissented in the reversal of an Appellate Division decision. - gwc
Amy Skuse v. Pfizer, Inc. (A-86-18) (082509)
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