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Can I require employees to sign arbitration agreements in Connecticut? What are the requirements?
Arbitration Agreements in Connecticut
Connecticut General Statutes prohibit employers from requiring employees to sign arbitration agreements as a condition of employment [5 CTGS 31-51m]. Therefore, any arbitration agreement must be entered into voluntarily by the employee. Additionally, any arbitration agreement must be in writing and signed by both the employer and the employee [5 CTGS 52-410].
Application for Court Order to Proceed with Arbitration
If a party to a written agreement for arbitration claims the neglect or refusal of another to proceed with an arbitration, they may make an application to the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situated [52 CTGS 410]. The application shall be by writ of summons and complaint, served in the manner provided by law. The complaint may be in the form provided by the statute. The parties shall be considered as at issue on the allegations of the complaint unless the defendant files an answer within five days from the return day. The court or judge shall hear the matter either at a short calendar session, or as a privileged case, or otherwise, in order to dispose of the case with the least possible delay, and shall either grant the order or deny the application, according to the rights of the parties.
Demand for Arbitration Services, Payment of Filing Fee and Types of Cases
A submission or demand for arbitration services shall be submitted on a completed and signed grievance arbitration request form which shall include a general statement of the dispute and the position of the filing party [31 RCSA 91-24]. A demand for arbitration shall be accompanied by the twenty-five dollar filing fee. A confirmation letter and a copy of the request for grievance arbitration form will be forwarded to the parties involved in the case.
In summary, employers cannot require employees to sign arbitration agreements as a condition of employment in Connecticut. Any arbitration agreement must be entered into voluntarily by the employee and must be in writing and signed by both the employer and the employee. If a party to a written agreement for arbitration claims the neglect or refusal of another to proceed with an arbitration, they may make an application to the superior court. A submission or demand for arbitration services shall be submitted on a completed and signed grievance arbitration request form which shall include a general statement of the dispute and the position of the filing party.
Jurisdiction
Connecticut