I have mentioned forced arbitration often on this blog. That is, when an employer requires its employees to sign an arbitration clause and waive their right to a jury trial as a condition of employment.
But, what happens when at the end of the relationship, it is the employer that sues the employee in Court for a non-compete violation? With a bit of legal jujutsu, I have had some success getting the matter dismissed from Court based on a motion to compel and to dismiss using the employer-drafted forced arbitration clause. Dismissal may or may not be the end of the story as the employer may still pursue the matter in arbitration.