employment-arbitration-agreement

name	employment-arbitration-agreement
title	Employment Arbitration Agreement
description	Drafts enforceable mutual employment arbitration agreements under the FAA and state law. Covers claim scope, class/collective waivers, procedural fairness, cost allocation, PAGA carve-outs, and Armendariz compliance. Use when drafting new arbitration agreements, updating existing arbitration clauses, or adding ADR provisions to offer letters and employment contracts.
author	CaseMark
author_url	https://github.com/CaseMark/skills/tree/main/skills/legal/employment-arbitration-agreement
license	Apache-2.0
version	0.1.0
execution_mode	open
jurisdiction	us
practice	arbitration
language	en
tags	["agreement","drafting","research","transactional"]

Employment Arbitration Agreement

Drafts a mutual arbitration agreement for employment relationships, balancing employer protections with procedural fairness to survive unconscionability challenges.

Prerequisites

Collect before drafting:

1. Jurisdiction(s) — employee work state(s) (drives unconscionability standards, PAGA treatment)
2. Employee type — prospective vs. current (consideration analysis); executive vs. general
3. Existing documents — offer letter, handbook, prior arbitration agreements, equity plans
4. Administrator — JAMS or AAA (determines rule set)
5. Company entity — full legal name

Output Structure

1. Recitals & Parties

Element	Requirement
Parties	Full legal entity name + employee full legal name
Effective date	Specify; clarify current vs. prospective employment
Consideration	Prospective: employment itself. Current: independent consideration required (bonus, equity, continued employment per state law)
Mutual obligation	Both parties bound — required for enforceability

2. Covered Claims

Draft broad coverage with specific enumeration and "illustrative, not exhaustive" language:

• Statutory: Title VII, ADEA, ADA, GINA, FLSA, state equivalents
• Wage & hour: overtime, meal/rest breaks, misclassification, commissions
• Common law: wrongful termination, breach of contract, implied covenant
• Retaliation: any statute or public policy
• Post-employment: trade secrets, non-competes, non-solicits
• Temporal scope: before, during, and after employment

3. Excluded Claims & Carve-Outs

Exclusion	Reason
Workers' comp, UI	Statutory administrative schemes
ERISA benefits	Conflicts with statutory procedures
Trade secret/non-compete injunctions	Employer needs immediate judicial remedy
NLRB charges