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A Minor Problem with Arbitration: A Proposal for Arbitration Agreements Contained in Employment Contracts of Minors

30 Pages Posted: 26 Apr 2012  

Matthew Miller-Novak

affiliation not provided to SSRN

Richard A. Bales

Ohio Northern University - Pettit College of Law

Date Written: April 23, 2012

Abstract

The Supreme Court has interpreted the Federal Arbitration Act as strongly favoring the enforcement of arbitration agreements. An issue that the Supreme Court has not yet addressed – and on which state and federal courts are split – is the enforceability of employment arbitration agreements signed by minors. This article argues that arbitration agreements in minors’ employment contracts should be voidable, with three exceptions: when (1) the arbitration agreement (or container employment agreement) is signed by the minor’s guardian on the minor’s behalf, (2) the minor is emancipated, and (3) the minor is suing to enforce the employment contract.

Keywords: arbitration, minor, juvenile, faa employment

Suggested Citation

Miller-Novak, Matthew and Bales, Richard A., A Minor Problem with Arbitration: A Proposal for Arbitration Agreements Contained in Employment Contracts of Minors (April 23, 2012). McGeorge Law Review, Vol. 44, 2012. Available at SSRN: https://ssrn.com/abstract=2044697

Matthew Miller-Novak

affiliation not provided to SSRN ( email )

Richard Bales (Contact Author)

Ohio Northern University - Pettit College of Law ( email )

525 South Main Street
Ada, OH 45810
United States
419-772-2205 (Phone)

HOME PAGE: http://law.onu.edu/node/3073

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