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Employment Law

: Maryland Employment Law

Legal Jujutsu: Compelling Arbitration When Sued For Alleged Breach of a Non-Compete

By James Rubin, Esq.

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I have mentioned forced arbitration often on this blog.  That is, when an employer requires its employees to sign an arbitration clause and waive their right to a jury trial as a condition of employment. 

But, what happens when at the end of the relationship, it is the employer that sues the employee in Court for a non-compete violation?  With a bit of legal jujutsu, I have had some success getting the matter dismissed from Court based on a motion to compel and to dismiss using the employer-drafted forced arbitration clause.  Dismissal may or may not be the end of the story as the employer may still pursue the matter in arbitration.

Full post as published by Maryland Employment Law on January 21, 2011 (boomark / email).

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