Employment & Labor Law
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HASEE, NAQVI, BUNKER v. POINTDIREX, L.L.C.
15 Fla. L. Weekly Fed. D1913 (Fla. 5th DCA August 23, 2002)
The employer filed suit in circuit court against three former employees alleging breach of certain employment agreements. The employees filed a motion to dismiss and asserted that 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 pointed to prior Florida precedent which established that the constitution and bylaws of a voluntary association when they have been assented to constitute a contract between association and the members. 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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