A Minor Problem with Arbitration: A Proposal for Arbitration Agreements Contained in Employment Contracts of Minors
30 Pages Posted: 26 Apr 2012
Date Written: April 23, 2012
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
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