Epstein Becker: New Jersey Arbitration Clause Unenforceable Due to Employment Handbook Disclaimer | Practical Law

Epstein Becker: New Jersey Arbitration Clause Unenforceable Due to Employment Handbook Disclaimer | Practical Law

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.

Epstein Becker: New Jersey Arbitration Clause Unenforceable Due to Employment Handbook Disclaimer

by Epstein Becker & Green, P.C.
Published on 09 Feb 2016New Jersey, United States
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.