For decades, employers have operated under the assumption that arbitration clauses in employment contracts favor the employer for various reasons. First, mandatory arbitration removes potentially sensitive cases from the purview of the jury, based on the mindset that juries disfavor the big, bad employer. Second, many believe that arbitrators are more conservative than juries, reducing the likelihood of a windfall award to a plaintiff-employee. And finally (for the purposes of this article, but not exhausting!
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