Continued employment may be sufficient to establish that the employee agreed to be bound by the terms of an arbitration requirement for employment-related disputes.

The employer appealed the trial court order denying its motion to dismiss the plaintiff’s wrongful discharge claim and to compel arbitration. The trial court had denied the motion since the employer was unable to establish that the plaintiff signed the arbitration agreement and agreed to be bound by it. In reversing the trial court decision and remanding for an evidential hearing, the Appellate Division held that continued employment can be sufficient consideration. The arbitration provision explicitly provided that, in the absence of a signed copy of the agreement, continued employment by the employee for a period of 30 days would constitute consent to be bound by the arbitration requirement.

_{Case Law Alerts, 1st Quarter, January 2016}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}