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Wednesday, September 9, 2015

PAUL JAWORSKI, ALEXANDER HAGGIS AND ROBERT HOLEWINSKI VS. ERNST & YOUNG US LLP, TRACEY GUNTER AND RICHARD BAKER A-5259-13T2

PAUL JAWORSKI, ALEXANDER HAGGIS AND ROBERT HOLEWINSKI VS. ERNST & YOUNG US LLP, TRACEY GUNTER AND RICHARD BAKER 
A-5259-13T2 
Plaintiffs challenge the enforceability of Ernst & Young's mandatory arbitration policy on constitutional, statutory and common law grounds. The employees were provided notice of changes to the arbitration policy by electronic distribution. We determine, since the policy states assent is given by continued employment, remaining employed with the company evinces an unmistakable indication that the employee affirmatively has agreed to arbitrate his claims pursuant to the changed policy. 
We reject plaintiffs' arguments and affirm the trial court's decision that plaintiffs' age-discrimination claims are subject to mandatory arbitration.