Can Employers Force Arbitration Of FCA Retaliation Claims?

Law360, New York (April 4, 2013, 11:29 AM EDT) -- To protect themselves against the uncertainty and cost of litigation, many companies include mandatory arbitration clauses in contracts with their employees. These clauses typically require an employee to resolve all disputes arising out of his or her employment through an arbitration process conducted outside of the court system. Arbitration agreements are afforded a strong presumption of favor by courts, particularly when the claims at issue arise under federal law and are subject to the Federal Arbitration Act.

Notwithstanding this presumption, not all claims are arbitrable simply...
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