Legal Question in Employment Law in Massachusetts

If an employer stipulates in an arbitration that pay is calculated one way and they win the arbitration.But the employer actually used a different calculation. Can a future court case rely on the arbitration stipulation, or would the employer be able to submit into evidence their actual pay calculation?


Asked on 7/19/11, 5:32 am

1 Answer from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

This depends on the language in the arbitration agreement more specifically, and the conduct of the parties involved to better assess. For example, depending on such factors (or others), there could potentially be an argument the employer waived enforcement of the arbitration agreement through inconsistent conduct. Other possibilities might exist. More information is necessary to guide more specifically.

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Answered on 7/19/11, 3:49 pm


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