Weekly Law Resume - October 14, 2010: Enforceability of Arbitration Clause - Employment Agreement


Ramesh C. Trivedi v. Curexo Technology Corporation Court of Appeal, First District (October 20, 2010)

In this case, the Court considered the enforceability of an arbitration clause contained in the parties' employment agreement.

Ramesh C. Trivedi ("Trivedi") filed a complaint against Curexo Technology Corporation ("Curexo") arising out of his termination as President and Chief Executive Officer of Curexo. The complaint alleged causes of action for age discrimination in violation of California's Fair Employment and Housing Act ("FEHA"), race and color discrimination in violation of FEHA, national origin discrimination in violation of FEHA, and unlawful business practices within the meaning of Business and Professions Code § 17200. In addition, the complaint asserted claims for breach of the parties' employment contract, bad faith, intentional infliction of emotional distress, and three causes of action for employment discharge in violation of California public policy. Curexo filed a motion to compel arbitration pursuant to the parties' employment agreement.

Within the employment agreement was an arbitration clause under which the parties agreed, among other matters, to resolve "[a]ny dispute arising out of or relating to this Agreement or any act which would violate any provision of this Agreement . . . to arbitration . . . before a sole arbitrator (the 'Arbitrator') selected from the American Arbitration Association ('AAA') pursuant to the AAA's national rules for the resolution of employment disputes . . . ."

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Low, Ball & Lynch | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.