Can I require employees to sign arbitration agreements in West Virginia? What are the requirements?

Yes, you can require employees to sign arbitration agreements in West Virginia. However, there are certain requirements that must be met to ensure the validity of the agreement.

Requirements for Arbitration Agreements in West Virginia

According to WVCO 55-10-29, a motion to arbitrate must be made in the circuit court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held. If the hearing has already been held, the motion may be made in the circuit court of the county in which it was held. If no adverse party has a residence or place of business in the state, the motion may be made in the circuit court of Kanawha County, West Virginia.

Additionally, the arbitration agreement must be in writing and signed by both parties. The agreement must also clearly state that the employee is waiving their right to a trial and agreeing to resolve any disputes through arbitration.

It is important to note that the West Virginia Public Employees Grievance Board was created as an independent entity under the Department of Administration, and it is responsible for overseeing the arbitration process for public employees in the state.

Effect of agreement to arbitrate; nonwaivable provisions.

WVCO 55-10-6 states that a party to an agreement to arbitrate or to an arbitration proceeding may waive or the parties may vary the effect of the requirements of this article to the extent permitted by law. However, there are certain provisions that cannot be waived, such as the right to notice of the initiation of an arbitration proceeding, the right to disclosure of any facts by a neutral arbitrator, and the right to be represented by a lawyer at any proceeding or hearing under this article.

Jurisdiction

West Virginia

• Labor