Legal Question in Appeals and Writs in District of Columbia

Can the teacher bring the suit to federal court without going to arbitration?
If a teacher sign a contract, the contract referred to the faculty handbook which states he/she need to go to arbitration for any dispute. The teacher is terminated for some reason, he/she file a suit to the federal court. The school argue that he/she need to go to arbitration rather than federal court according to the handbook. However, the teacher was not given a copy of the faculty manual until after she signed the contract. The teacher was aware of the existence of the handbook when she sign the contract, but he/she did not know what is included in the handbook because she didn't receive one at the time she sign the contract. Can he/she bring the suit in the federal court? or he/she need to go to arbitration?

Asked on 11/11/01, 11:52 pm

Barbara C. Johnson Law Office of Barbara C. Johnson

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Re: Can the teacher bring the suit to federal court without going to arbitration

Before a teacher (or any employee) may file an employment-discrimination suit in state or federal court,

the teacher must file a "charge" at the Commission Against Discrimination (MCAD) and/or the

Equal Employment Opportunity Commission (EEOC).

Because the process is complicated, I

heartily recommend consulting with an

employment-law attorney.

As far as the arbitration provision in the handbook: if

the handbook was not given to the teacher before signing the employment contract and/or

if there was no reliance on the handbook, then the teacher need not be concerned about the arbitration provision.

To be absolutely sure, do consult an attorney, who can review the facts and make a proper recommendation.

Answered on 11/12/01, 12:03 am

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