| 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:
- Jurisdiction(s) — employee work state(s) (drives unconscionability standards, PAGA treatment)
- Employee type — prospective vs. current (consideration analysis); executive vs. general
- Existing documents — offer letter, handbook, prior arbitration agreements, equity plans
- Administrator — JAMS or AAA (determines rule set)
- 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 |
