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Home/Arbitration/Employment & Executive
Arbitration · AAA, JAMS & NAM · New York

Employment & Executive Arbitration Lawyers

Your offer letter or equity plan sent the dispute to arbitration. The clause is enforceable in most cases. The outcome still depends on the record.

We represent executives and employees pursuing what they are owed, and employers answering a demand. Counsel in more than 130 arbitrations before AAA, JAMS and NAM since 2019.

Bonus and equity claims  ·  Termination and separation  ·  Discrimination and retaliation  ·  Restrictive covenants
Why It Matters

Employment arbitration is private, fast and decided on documents.

Most employment arbitrations turn on paper: the offer letter, the plan document, the performance file, the emails around the termination.

The arbitrator sees those documents without a jury and with limited discovery. What is requested early is what the arbitrator sees.

For an executive, that means proving the bonus or the vesting from the employer’s own records. For an employer, it means a clean file and a credible explanation. We build either one.

The Landscape

Employment cases settle, but only after the record is built.

Published AAA figures for 2025 employment and workplace cases.

77%
Employment cases closed in 2025 that settled before award
17 mo.
Median time to award in AAA employment cases closed in 2025, against 34.1 months to trial in U.S. District Court
$350
The most an employee pays to file; the employer pays the remaining fees and all arbitrator compensation
10
Names on the AAA list the parties strike and rank to select the arbitrator

Three in four cases settle. The settlement value is set by the evidence exchanged before the hearing. Sources: AAA, Employment and Workplace Arbitration; JAMS, Employment Arbitration Minimum Standards.

What We Do

Compensation, termination and covenants.

Pay

Bonus, commission and deferred compensation

Earned bonuses, commission plans, deferred pay and clawbacks. Claims under the plan documents and New York wage law.

Equity

Equity and vesting disputes

Options, RSUs, profits interests, acceleration and forfeiture. Plan terms and valuation evidence presented through experts where needed.

Termination

Wrongful termination and separation

Cause determinations, severance triggers, release disputes and breach of employment agreements.

Rights

Discrimination and retaliation

Claims under federal, state and city law arbitrated under provider employment rules, with all court remedies preserved.

Covenants

Non-competes and non-solicits

Enforcement and defense of restrictive covenants, including emergency relief in court in aid of arbitration.

Employers

Defending employer-side demands

Answers, counterclaims, arbitrability and fee-exposure analysis for companies that receive an employee or executive demand.

How We Work

How an employment arbitration runs.

AAA, JAMS and NAM each publish employment rules. The stages are similar.

01

Agreement review

Offer letter, handbook, plan documents and any later amendments. We confirm which rules apply and whether any claim is exempt from arbitration.

02

Demand or answer

Filed on the provider’s deadline. Employers that miss the answer date lose control of the schedule.

03

Arbitrator selection

The provider sends a list of neutrals. We research backgrounds and published awards before striking and ranking.

04

Discovery and experts

Document exchange, limited depositions and expert reports on compensation, equity value or mitigation.

05

Hearing and award

A private hearing before the arbitrator. The written award is confirmed in court if payment does not follow.

The Team Behind the Case

Counsel and experts, matched to the dispute.

The legal team

Counsel in more than 130 arbitrations.

Before AAA, JAMS and NAM since 2019, for claimants and for respondents. We know each provider’s list procedures, fee schedules and deadlines, and the courts that compel, confirm and vacate.

The expert network

Experts retained to fit the case.

Forensic accountants, damages analysts, cybersecurity and authentication specialists, payments professionals, construction engineers and compensation experts, prepared for hearing.

If You Were Just Terminated or Served

The first weeks decide what evidence exists.

Severance offers, release deadlines and provider deadlines all run at once.

Do
  • Keep copies of your offer letter, plan documents and reviews, if you are permitted to
  • Note the date of termination and every deadline in the separation papers
  • Preserve emails and messages about compensation and performance
  • Ask for the plan administrator’s written vesting and forfeiture decision
  • Speak with counsel before signing a release or responding to a demand
Do not
  • Sign a release to receive severance without reading what claims it waives
  • Take company documents you are not entitled to keep
  • Post about the dispute while it is pending
  • Assume a sexual harassment claim must be arbitrated; federal law gives you the choice
  • Ignore a demand because the amount seems small
Insights

From the firm’s writing.

Equity

ISO vs. NSO Tax Rules: Stock Option Attorney

How option types differ, and why the plan terms control the outcome.

Read the article
Guide

NYC Arbitration Lawyer: 7 Questions to Ask Before Hiring

What to ask before you retain counsel for an arbitration.

Read the article
Business

NYC Business Arbitration Attorney: File or Defend a Claim

Forum differences, arbitrator lists and discovery limits.

Read the article
FAQ

Frequently asked.

In most cases, yes, if you signed an agreement with an arbitration clause. Federal law makes one exception. Under 9 U.S.C. § 402, a person alleging sexual harassment or sexual assault may elect to have that dispute heard in court instead.

Under the AAA employment fee schedule, an employee pays at most a $350 filing fee. The employer pays the remaining fees and all arbitrator compensation. JAMS minimum standards limit the employee to the initial case management fee.

Provider rules require that all remedies available in court remain available in arbitration, including attorneys’ fees and punitive damages where the law allows them.

Hearings are private. Confidentiality of documents and testimony depends on a protective order, which we negotiate early.

For AAA employment cases closed in 2025, the median time to award was 17 months. Most cases settled earlier. Timelines vary by provider, discovery and the number of parties.

Yes. We defend companies that receive employee and executive demands, including matters where fee exposure matters as much as the merits.

Arbitration Practice

Other areas of the practice.

Every category we arbitrate, from consumer claims to complex commercial disputes. Back to the overview.

Owed a bonus, equity or an explanation? Start with the documents.

Call for a confidential consultation. We will tell you what the agreement provides, which rules apply and what the first deadline is.

Dilendorf Law Firm PLLC · 115 Broadway, 5th Floor, New York, NY 10006 · info@dilendorf.com
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