NJ Employee to Get Her Day in Court: Federal Judge Strikes Arbitration Provision

The New Jersey District Court recently struck down a mandatory arbitration provision in an employee’s offer letter because it did not contain a sufficiently clear waiver of the employee’s right to a jury trial. Irwin v. AgustaWestland Phila. Corp., 2021 U.S. Dist. LEXIS 226623 *; 2021 WL 5506909 (D. N.J. November 24, 2021). On September 30, 2019, Kathleen Irwin was terminated from her position with AgustaWestland Philadelphia Corporation (AWPC) as a Transportation Security Administration Coordinator Worldwide, following her whistleblowing complaints concerning violations of Federal Aviation Administration (FAA) regulations. Specifically, Irwin took issue with a pilot being granted clearance to use a flight simulator without proof of his United States citizenship.
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