The media has been buzzing since Gretchen Carlson, a former Fox News anchor, recently filed a complaint against Fox News CEO Roger Ailes alleging sexual harassment and retaliation.
It is interesting to note that Carlson’s complaint does not name her employer, Fox News, as a defendant in the case, and some local lawyers have speculated that Fox was intentionally left out of the lawsuit as a means of circumventing the provisions of an arbitration clause in Carlson’s contract which, if upheld, would require Carlson to resolve any disputes with her employer through the American Arbitration Association (AAA) rather than in court. Moreover, Carlson’s complaint was filed in New Jersey, instead of New York where Ailes resides, possibly because the arbitration clause in Carlson’s contract is less likely to be enforceable under New Jersey law.
Some say there is also a chance that a federal judge could decide to separate the single complaint of harassment and retaliation into two individual complaints and order the retaliation complaint to be resolved through arbitration while allowing the harassment complaint to remain in federal court; however, New Jersey employment lawyer, Matthew Luber of McOmber McOmber & Luber, P.C. says this scenario is unlikely. According to Politico Magazine, Luber says, “Courts are very wary of efficiency and judicial economy. It is more than likely that everything would stay in federal court or everything would be sent to arbitration.” Sending the entire case to arbitration instead of allowing it to proceed in federal court could be a big disappointment to Carlson who has said she filed the lawsuit in an effort to take a stand and bring the truth to light. View the complete article here.
McOmber McOmber & Luber, P.C. has been successfully representing clients in contract disputes and with employment law matters in New Jersey for more than 40 years. Our legal team is comprised of highly skilled negotiators and litigators dedicated to achieving a favorable result for each of our clients. Call McOmber McOmber & Luber, P.C. at 888-396-0736 or contact us online to schedule a consultation with one of our experienced Cherry Hill employment lawyers.