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Fisch v. The Moriah School of Englewood

Superior Court of New Jersey, Appellate Division

November 19, 2013

SYLVIA FISCH, Plaintiff-Appellant,
v.
THE MORIAH SCHOOL OF ENGLEWOOD, and ELLIOT PRAGER, Defendants-Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 17, 2013

On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-7577-11.

Allan R. Freedman argued the cause for appellant.

M. Elizabeth Duffy argued the cause for respondents (Daly, Lamastra & Cunningham, attorneys; Ms. Duffy, on the brief).

Before Judges Waugh, Nugent, and Accurso.

PER CURIAM

Plaintiff Sylvia Fisch appeals the Law Division's March 11, 2013 order denying her motion for relief from an earlier order dismissing her complaint and compelling arbitration. We reverse and remand.

I.

We discern the following facts and procedural history from the record on appeal.

Fisch was employed by defendant Moriah School of Englewood from August 2005 until February 2011. The terms of her employment for the 2010-2011 academic year were governed by an employment agreement signed in June 2010.

Fisch alleges that she was wrongly terminated by the School. In September 2011, she filed a complaint against the School and its principal, defendant Elliot Prager. Fisch alleged that the defendants violated the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56(a) to -56(a)(30), the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49, and the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8.

Fisch's employment agreement contained the following arbitration provision:

9. DISPUTE RESOLUTION. Any dispute arising from this Agreement, or from the termination of Employee's employment for any reason shall be resolved through binding arbitration, which shall be held at the option of the School either before the Rabbinical Council of America's Bet Din of America, [1] in accordance with its rules and procedures, or before a labor tribunal of the American Arbitration Association [(AAA)], in accordance with its voluntary labor arbitration rules. Arbitration shall be held in the City of New York unless otherwise mutually agreed. Notwithstanding any rule ...

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