Washington, D.C. Employment Arbitration Lawyer
Bernabei & Kabat, PLLC represents employees and executives in Washington, D.C. employment arbitration matters involving arbitration agreements, discrimination claims, harassment claims, retaliation claims, contract disputes, severance disputes, and executive compensation disputes.
Has your employer told you that your workplace dispute must go to arbitration? If so, you may be wondering what that means for your rights and your chance at a fair outcome. Arbitration agreements are now common in employment contracts across industries, and it’s worth noting that the arbitration process is not inherently unfair. However, it does call for thorough preparation and experienced advocacy.
That’s exactly what Bernabei & Kabat, PLLC, can offer. Our employment arbitration lawyers in Washington, D.C., have built a reputation over three decades for taking on tough cases and fighting for employees facing an uneven playing field. If you have questions about an arbitration agreement or a pending arbitration proceeding, contact our law firm today to get started with your initial consultation.
What Employment Arbitration Means for Your Claim
Arbitration is a private dispute resolution process that takes place outside the courtroom. Instead of a judge and jury, a neutral arbitrator or panel of arbitrators hears both sides and issues a binding decision. For many employees, this process can feel opaque, unfamiliar, and stressful.
Arbitration proceedings are generally confidential, and the rules of evidence in these proceedings differ from those that apply in court. The grounds for appealing an adverse decision are also narrow. That doesn’t mean arbitration favors employers by default, but it does mean that representation is essential for employment arbitrations. If an arbitration clause applies to your situation, an employment arbitration attorney in D.C. can help you understand what you’ve agreed to and protect your rights.
When Employers Try to Force Employment Arbitration
Mandatory arbitration clauses have become a standard feature of many employment contracts, and employers often invoke them at the first sign of a dispute. Some employers use these clauses strategically and count on employees to be unfamiliar with the process or discouraged by the mere idea of arbitration. What those employers may not tell you is that arbitration agreements have real limits.
EEOC rules on mandatory arbitration clarify that no arbitration clause can lawfully bar an employee from filing a charge with the EEOC or cooperating with a federal investigation. An employment arbitration lawyer in Washington, D.C. can review your agreement and identify any unenforceable provisions to ensure your employer isn’t using arbitration as a blunt tool to avoid accountability.
Claims That May Be Heard in Arbitration
A broad range of workplace disputes can end up in arbitration. At Bernabei & Kabat, PLLC, our employment law attorneys have deep experience with the full range of disputes that employers push into arbitration, from civil rights violations to contract disagreements. Whatever brought you to this point, our Washington, D.C., law firm is prepared to represent you with the rigor your case demands.
Discrimination Claims
Federal and D.C. law prohibit workplace discrimination on the basis of race, sex, age, disability, national origin, religion, and other protected characteristics. When discrimination claims go to arbitration, the substantive legal standards don’t change. However, the forum does change, and that change can have meaningful implications for how the claim unfolds.
Arbitration proceedings are private, discovery is typically more limited, and the arbitrator’s decision is difficult to appeal. Employees who bring discrimination claims in arbitration need representation from lawyers who understand both the underlying law and the procedural dynamics of the arbitral forum. Our employment arbitration lawyers in Washington, D.C. know how to present discrimination claims persuasively in arbitration and how to hold employers accountable under federal and D.C. law.
Harassment Claims
Sexual harassment and other forms of workplace harassment are serious legal violations, and employees who bring these claims deserve to have them taken seriously. Arbitration can complicate that kind of matter significantly. Confidentiality provisions mean proceedings stay private, and without a jury, the weight of your case rests entirely on the arbitrator’s judgment.
Fortunately, as of 2022, federal law bars arbitration of sexual harassment and sexual assault claims. However, the courts are divided as to whether this ban also applies to other claims that an employee may have in addition to sexual harassment and sexual assault claims.
Our attorneys approach harassment claims in arbitration with the same care and tenacity we bring to litigation. We understand the evidentiary demands of these cases and the importance of thorough pre-hearing preparation. We’ve also seen the ways in which credibility and detail can shape outcomes before an arbitrator. If your harassment claim is headed to arbitration, our attorneys will work with you to build the strongest possible case from day one.
Retaliation Claims
Retaliation claims are common in employment law, and they frequently arise alongside discrimination, harassment, or whistleblower matters. If an employer takes adverse action against you for reporting misconduct or asserting your legal rights, that kind of conduct is unlawful. Arbitration doesn’t change that, but it does change the process you must follow to prove it.
Our arbitration lawyers understand how retaliation claims are won and lost in an arbitral forum. We can work with you to establish the timeline of your employer’s retaliation and connect the dots between protected activity and adverse actions in a way that holds up under scrutiny.
Contract and Compensation Disputes
Disputes over employment agreements and executive compensation often turn on contract language and the strength of the evidentiary record. These aren’t simple wage and hour claims. They often involve sophisticated agreements with layered provisions that cover categories such as bonuses, equity, severance, and restrictive covenants.
Our D.C. employment arbitration attorneys have the background and experience necessary to handle these disputes at a high level. We can review the full scope of your employment agreement, assess what your employer owes you, and prepare a case designed to recover it. Whether your dispute involves a denied bonus, a contested severance package, or a breach of your executive employment contract, Bernabei & Kabat, PLLC, is ready to represent your interests.
How Our Washington, D.C. Employment Arbitration Lawyers Represent Employees
At Bernabei & Kabat, PLLC, we approach arbitration with the same rigor and commitment we bring to any complex employment dispute. Our attorneys are well-versed in the procedural frameworks that govern these proceedings, including the American Arbitration Association employment resources that set the rules for many workplace arbitrations.
When you come to us for help, we work closely with you to develop a solid theory of your case and present arguments in a format calibrated for arbitration. Our goal is always to put you in the strongest possible position, whether that means achieving a favorable award, reaching a negotiated resolution, or challenging an agreement before proceedings even begin.
Arbitration Agreements for Executives and Professionals
Arbitration clauses in executive employment agreements often look very different from the boilerplate language in standard offer letters. For senior professionals, these provisions may address things like:
- The scope of arbitrable claims
- The selection of arbitrators
- The allocation of costs
- The confidentiality of arbitration proceedings
All of these terms can carry significant consequences in a high-stakes dispute. Contract and severance agreements for executives frequently include arbitration clauses alongside non-compete, non-solicitation, and compensation provisions, and the way those clauses are drafted can affect every aspect of a future dispute. Our employment arbitration lawyers can review these agreements carefully and advise you before you sign. We can also represent you if you find yourself in arbitration over matters like wrongful termination or alleged breaches of contract.
Talk to a Washington, D.C. Employment Arbitration Lawyer
Arbitration is a serious legal process that calls for serious legal representation. The employment law attorneys at Bernabei & Kabat, PLLC, have spent over 30 years fighting for employees in Washington, D.C., and we’re ready to put that experience to work for you. Whether you’re reviewing a proposed arbitration agreement or are already facing a pending proceeding, contact our law office now to discuss your situation in an initial consultation.
Talk To An Employment Lawyer Today
To talk to an attorney at Bernabei & Kabat, PLLC, about your employment concerns, please call 202.745.1942 or complete the contact form on this site. Our law office is in Washington, D.C.
