10. Determine the advisability of compelling arbitration of employment matters and review your standard arbitration provision. Arbitration is attractive to tech employers, as it is often a faster and less expensive method for litigating an employment claim. Additionally, arbitration is a confidential proceeding, which can protect tech companies from unwanted publicity. The forum you select for arbitration is important in determining the expense and speed with which a matter will be arbitrated. If an employer has an existing arbitration provision, it should be reviewed to ensure the inclusion of statutory discrimination claims, and a class action waiver should be considered.
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