Employment & Labor Law
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Hasee, Naqvi, Bunker v. Pointdirex, L.L.C.
27 Fla. L. Weekly D1913 (Fla. 5th DCA August 23, 2002)
Dispute arose following the termination of Pointdirex employees as to whether there was a binding arbitration agreement between the employees and the company. Pointdirex was a member of the National Association of Securities Dealers (NASD). The NASD is a voluntary association and its Manual-Code requires arbitration when disputes arise from terminations between NASD members and their employees. The court points to prior Florida precedent that establishes the constitution and bylaws of a voluntary association constitute a contract between association and the members when they have been assented to. The employment contracts signed by the employees also contained personal jurisdiction and venue clauses. The employer asserted that the venue clauses constituted waiver of the arbitration requirements imposed by Pointdirex
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