Assume that in problem 7, the disc jockey’s contract with her former employer contained a provision that all disputes will be subject to arbitration. Should this provision prevent the radio station from going to court and seeking an injunction to enforce its noncompetition and trade secret rights?

Should the court in deciding this question distinguish between the noncompetition promise, which is an express part of the disc jockey’s employment contract, and the trade secret issue, which is really a tort claim under the common law? If the court decides to order an arbitration, should it dismiss the case or merely stay proceedings pending the arbitration? Do you think an arbitrator has the right to issue an “injunction” enforcing the noncompete agreement and protecting the radio station’s trade secrets? Or should the arbitrator be limited to awarding money damages? (Note: You may also want to review the discussion of employment arbitration in Chapter 1, as you formulate your answer here.)

See Saga Communications of New England v. Voornas

[No. 2000 ME 156 (Maine Supr. 2000)].