An Administrator's Guide to California Private School Law

Chapter 4 - Employment Contracts And Separation Of Employees

 A statement that specifies which rules of arbitration will be used (e.g. AAA, JAMS, etc.) and either attaches a copy of the applicable arbitration rules, or at least includes a current Internet link to access the rules online; 443  A statement that states the arbitration agreement is governed by the Federal Arbitration Act, but specifies which choice of substantive law will apply (e.g. California law or federal law);  A confidentiality provision prohibiting the disclosure of the existence, content, or results of any arbitration; 444  A provision that the parties mutually select an arbitrator; 445  A provision that defines the scope of the arbitrator’s authority and states that the arbitrator has the right to control discovery;  A requirement that the arbitrator issue a written decision with findings and conclusions;  A provision specifying that the employer will pay for all costs unique to arbitration;  A provision awarding costs/attorneys’ fees to the prevailing party, unless otherwise required by law; 446  A provision requiring the arbitrator to issue a written decision with findings and conclusions;  A provision providing that if any aspect of the arbitration agreement is found by an arbitrator or court to be void or otherwise unenforceable, in whole or in part, the remainder of the agreement will remain in full force and effect;  An acknowledgement section and a space for the employee to sign the arbitration agreement. By signing the arbitration agreement, the employee acknowledges that he or she has had the opportunity to consult legal counsel, has read and understands the agreement, is fully aware of the agreement’s legal effect, and freely and voluntary enters into the agreement; and,  A space for the signature of the school’s authorized representative.

While there is strong public policy favoring arbitration, 447 employers are prohibited from requiring pre-dispute arbitration in goods or services contracts for claims under the Ralph Civil Rights Act or the Bane Civil Rights Act. 448 The Ralph Civil Rights Act prohibits violence or threat of violence against a person based on a protected class (i.e., race, color, religion, ancestry, national origin, age, disability, medical condition, genetic information, sex, sexual orientation, marital status, political affiliation, or position in a labor dispute). 449 The Bane Civil Rights act prohibits interference by threats, intimidation, or coercion with a person’s constitutional or statutory rights. 450 Private schools cannot require an individual to waive any legal right, penalty, remedy, forum, or procedure provided by the Ralph Civil Rights Act or Bane Civil Rights Act as a condition of entering into, altering, modifying, renewing, or extending a contract for goods or

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