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ARTICLE · 10 JANUARY 2019

Is Missouri Easing Up On Employment Arbitration Agreements?

Constangy, Brooks, Smith & Prophete, LLP
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Just before the holidays in December, the Missouri Supreme Court issued a ruling that may allow employers to use initial at-will employment as a basis to support enforceable arbitration agreements.

United StatesEmployment and HR

It appears so, but employers should still be cautious.

Just before the holidays in December, the Missouri Supreme Court issued a ruling that may allow employers to use initial at-will employment as a basis to support enforceable arbitration agreements.

The court's decision, in Soars v. Easter Seals Midwest, signals a potential easing of the judicial hostility that had developed in Missouri toward employment arbitration agreements.

But before we get to what the court did, a little background is needed.

Hard line on employment arbitration agreements

More than a decade ago, Missouri's appellate court held that continued at-will employment would not support an employment arbitration agreement in which the employee was required to arbitrate while the employer was not. The ruling was significant because it departed from decisions holding that continued at-will employment -- and the value that the employer provides to the employee as a result -- was sufficient

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