Chen v New York Jets Arbitration Case Highlights Statutory vs Contract Enforcement

Dealer, agency and franchise relationships sometimes end with a claim that the contractor was really an employee. The Court of Appeal has held that, where the agreement sends disputes to arbitration, that question can be arbitrated too, subject to the protection of statutory rights. A good moment to look at the dispute clause in your own network agreements.

A service-station dealer asked the employment court to declare him an employee. The Court of Appeal sent the question to arbitration. The Court of Appel held that the arbitration clause in the material dealer agreement survived termination because the claim was built on the agreement, and that there was an arbitrable dispute concerning the agreement's terms. The Court also held that claims arising under the Employment Act can be subject to arbitration if the underlying agreement so provides, provided the arbitration process itself is capable of protecting statutory rights. (Civil Appeal E071 of 2022) [2026] KECA 1763 (KLR), 25 September 2026. For the full case brief, see link in the first comment. Prepared by Samson Muchiri Amboka, Partner — Dispute Resolution. This post is general information on Kenyan law and is not legal advice. Specific circumstances should be assessed on their own facts. MML Advocates LLP | www.mmladvocates.com #MMLAdvocates #MMLCaseBrief #Arbitration #EmploymentLaw #KenyaLaw

⚖️ 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗖𝗼𝘂𝗿𝘁 𝗥𝗲𝗷𝗲𝗰𝘁𝘀 𝗕𝗹𝘂𝗲 𝗢𝗿𝗶𝗴𝗶𝗻’𝘀 𝗢𝗻𝗲-𝗦𝗶𝗱𝗲𝗱 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗔𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁 A recent California Court of Appeal ruling highlights an important issue for employees who have signed workplace arbitration agreements. In 𝘚𝘵𝘰𝘬𝘦𝘳 𝘷. 𝘉𝘭𝘶𝘦 𝘖𝘳𝘪𝘨𝘪𝘯, 𝘓𝘓𝘊, the court found that Blue Origin’s arbitration agreement was procedurally and substantively unconscionable under California law. The agreement was considered too one-sided, and the court determined that the problematic provisions could not simply be removed to save the rest of the agreement. The ruling is significant because California employees may be able to challenge an arbitration agreement based on California’s own unconscionability rules—even without relying on federal protections for harassment claims. 📌 𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆: Signing an employment arbitration agreement does not necessarily mean every provision will be enforceable. If you have questions about an arbitration agreement or a potential harassment, discrimination, or retaliation claim, having the agreement reviewed by an employment attorney may be an important first step. #CaliforniaEmploymentLaw #EmploymentLaw #Arbitration #WorkplaceRights #SexualHarassment #EmploymentRights #CaliforniaLaw

⚖️ 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗖𝗼𝘂𝗿𝘁 𝗥𝗲𝗷𝗲𝗰𝘁𝘀 𝗕𝗹𝘂𝗲 𝗢𝗿𝗶𝗴𝗶𝗻’𝘀 𝗢𝗻𝗲-𝗦𝗶𝗱𝗲𝗱 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗔𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁 A recent California Court of Appeal ruling highlights an important issue for employees who have signed workplace arbitration agreements. In 𝘚𝘵𝘰𝘬𝘦𝘳 𝘷. 𝘉𝘭𝘶𝘦 𝘖𝘳𝘪𝘨𝘪𝘯, 𝘓𝘓𝘊, the court found that Blue Origin’s arbitration agreement was procedurally and substantively unconscionable under California law. The agreement was considered too one-sided, and the court determined that the problematic provisions could not simply be removed to save the rest of the agreement. The ruling is significant because California employees may be able to challenge an arbitration agreement based on California’s own unconscionability rules—even without relying on federal protections for harassment claims. 📌 𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆: Signing an employment arbitration agreement does not necessarily mean every provision will be enforceable. If you have questions about an arbitration agreement or a potential harassment, discrimination, or retaliation claim, having the agreement reviewed by an employment attorney may be an important first step. #CaliforniaEmploymentLaw #EmploymentLaw #Arbitration #WorkplaceRights #SexualHarassment #EmploymentRights #CaliforniaLaw

Have you or your business received a subpoena that appears to have been issued in bad faith? If so, you may have wondered whether it can be challenged or set aside. Business owners should not assume that every subpoena must simply be accepted because it has been issued. Mirza and Associates - Construction and Employment Law Specialists recently represented an employer in an urgent Labour Court review application after senior executives and other employees of a commercial partner were subpoenaed to testify in an unfair-dismissal dispute. The issue was not limited to their attendance at the CCMA. The real question was whether third parties should be drawn into the dispute without a proper explanation of why their evidence was necessary, particularly where this could damage an important commercial relationship. The Labour Court ultimately suspended the subpoenas pending an expedited review. A request for a CCMA subpoena must explain why each witness’s evidence is necessary. The prescribed requirements relating to timing, authority, witness fees, service and the nature of the evidence sought must also be satisfied. Where the real purpose is to obtain documents, the request may need to be pursued through the CCMA’s disclosure process under CCMA Rule 29 instead. A subpoena should not be used to search for evidence, place pressure on an employer or unnecessarily involve its customers and business partners, particularly as a means of causing embarrassment or commercial harm. There is also an important difference between interim and final relief. Interim relief temporarily prevents enforcement while the CCMA record is obtained and the review is finalised. Final relief determines whether the subpoenas were lawfully issued and should be permanently set aside. The practical point is simple: do not ignore a subpoena, but do not accept it without first checking whether it complies with the legal requirements and considering its effect on your business and commercial interests. At Mirza and Associates - Construction and Employment Law Specialists, we assist employers and contractors with employment and construction disputes that affect their operations and commercial relationships.#MirzaAndAssociates. #LabourLaw #EmploymentLaw #CCMA #LabourCourt #BusinessRisk

⚖ Before Filing a Motion to Compel Arbitration, Find Every Agreement Before asking a court to enforce arbitration, employers should confirm which arbitration agreement is actually operative. Employee files may contain multiple agreements, amendments, acknowledgments, or updated policies. Failing to identify the correct agreement can create unnecessary complications and weaken an enforcement strategy. 🔎 Conduct an Arbitration-Document Audit Before filing, review: ✔ Original arbitration agreements ✔ Updated or amended agreements ✔ Employee acknowledgments ✔ Applicable handbook or policy provisions ✔ Electronic acceptance records ✔ Dates and signatures The goal: identify the agreement that governs the dispute before asking the court to enforce it. General information only. Not legal advice. #MitchLawFirm #EmploymentLaw #Arbitration #LaborLaw #EmploymentLitigation #MotionToCompel #LegalCompliance #EmployerTips #BusinessLaw #LitigationStrategy

Olshan Frome Wolosky LLP Litigation partner Kyle Bisceglie was featured in a CFO Dive article entitled “Orthofix Pays Former Executives $24M in Damages.” The article notes the approximate $24 million paid to former Orthofix executives following an arbitration award and subsequent settlement arising from their breach of contract claims relating to their terminations. The article examines the significance of the contractual timing issue in the arbitration, including the finding that certain text messages predated the executives’ severance agreements. It also highlights the importance of precise drafting of cause provisions, severance agreements and post termination communications in executive employment disputes. “What is implicit in the arbitrator’s decision is these guys got railroaded and there was obviously no reason to be terminated for cause,” Kyle told CFO Dive. The reported outcome underscores the consequences that can follow when a company’s stated basis for a cause termination does not align with the governing employment agreement. It offers a timely reminder for boards, executives and counsel to assess contractual language, underlying facts, grounds and basis for decision-making and communications before taking high-stakes employment action. #OlshanLaw #CFODive #Litigation #Arbitration #EmploymentLitigation 🔗 Read more: https://lnkd.in/gQe262UG

Many tribunal outcomes are influenced long before the final hearing. Early decisions, for example how the claim is approached, how evidence is gathered, and how strategy is shaped, can have a lasting impact. That’s why early legal input is so important. If you’re an employer facing a tribunal claim (or want to be prepared just in case), this guide sets out the key steps clearly and practically: 👉 https://lnkd.in/e3Tn-9Xd Here are some reviews of our Tribunal representation: ✅ “David has been a wonderful support with a recent case and has done so by providing expert advice at every step, allowing us to both build upon our own knowledge, and to feel fully prepared. David’s approach is efficient, informative, knowledgeable and he has a very good way of breaking down the advice to ensure that it is easy to follow and understand. I would not hesitate to recommend David and the team for any employment law support or training that you may require.” ✅ “Simon represented us on a claim made against our business. He supported us from the outset through to the tribunal hearing. He was incredibly professional always giving sound advice and appropriate counsel. The claimant was challenging to work with but Simon and team worked to ensure we were always prepared and responded to the changes in case. Simon presented our case carefully and articulately. He presented thoughtful cross examination which proved the deciding factor in the case.” ✅ "We have worked with Robinson Ralph for the past 18 months as an employer with over 2,200 employees, and have consistently found the team to be responsive, pragmatic, and easy to work with. Most recently, they supported us on a complex Tribunal claim, where we were extremely impressed with the level of service provided throughout. The team offered clear, commercially focused advice from the outset. Their ability to handle advocacy in-house was particularly valuable, ensuring consistency and confidence in the approach taken at every stage. A special mention to Nick, whose expertise, calm approach, and attention to detail were instrumental in achieving a successful outcome. We would not hesitate to recommend RR.” #EmploymentTribunals #RiskManagement #EmploymentLawAdvice #UKBusiness

I’m looking forward to moderating this timely discussion at CMCP’s Annual Business Conference alongside Honorable Louise LaMothe, Marina A. Torres, and Bradford Paul. We’ll examine three areas creating significant risk for California employers: arbitration strategy and enforceability, heightened scrutiny of DEI-related employment practices, and increasingly complex accommodation obligations. Our goal is to move beyond the legal developments and offer practical guidance that employers and their counsel can put to work immediately. Thank you to Sanders Roberts, LLP for its support and commitment to California Minority Counsel Program (CMCP). I’m looking forward to seeing clients, colleagues, and friends there! 📅 Friday, September 25 | 4:15–5:30 PM #CMCP2026 #AnnualBusinessConference #EmploymentLaw #CaliforniaLaw #LaborAndEmployment

The Legal 500 UK Solicitors 2027 rankings are live - and we have seen another outstanding set of results across our firm clients. These include: ·      a consecutive promotion in a highly competitive employment table, ·      a litigation practice ranking on the firm’s first-ever submission to a legal directory, and ·      a top-tier tax recognition for a global firm. The firms that perform best in the directories get buy-in from both leadership and the team throughout the process - from the submission through to referee and researcher engagement - and are willing to make the tough strategic calls that strengthen the submission. Congratulations to our clients recognised in this year’s guide, and to the firms and lawyers across the UK receiving rankings today. #Legal500 #LegalDirectories #LegalMarketing