Courts will generally enforce arbitration agreements that are consistent with the law and properly obtained by an employer. However, courts often find an employer’s arbitration agreement to be unenforceable for various reasons, including coercion, unfairness based on the superior bargaining position of the employer, limitations within the agreement regarding discovery, the presence of a confidentiality provision, the use of cost-sharing provisions, and the degree to which the employer retains the right to unilaterally modify the agreement.
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