Q: I want to confirm my arbitration. How long do I have to do so?
I won an arbitration in March of 2019 which was to reinstate my employment and give back pay. I never certified my award due to lack of knowledge of how and when I was supposed to. Factor in that a second arbitration was scheduled and heard in a 30-day timeframe and by the same arbitrator. The second decision was given in June of 2019 in which my employer was victorious. But the second arbitration superseded the first. I would like to inquire if equitable tolling applies to this situation. The year I was waiting on the first arbitration to be heard and a decision to be rendered, my mortgage carrier had extended me leniency upon the outcome of the arbitration decision. When I was thought to be victorious, I alerted my mortgage carrier that I will have the year of missed mortgage soon. But they were unable to go any longer without payment and was going to start foreclosure proceedings. I was forced to sell my home to avoid foreclosure. I contend that the rapid scheduling of the second
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- California
- (916) 704-3009
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- Answered
A:
In California, you typically have 4 years to confirm an arbitration award under Code of Civil Procedure Section 1288. However, your situation presents unique complexities due to the second arbitration occurring within 30 days of the first one.
The fact that the second arbitration superseded the first award significantly impacts your ability to confirm the initial March 2019 decision. While equitable tolling might apply due to your lack of knowledge about the confirmation process and the extraordinary circumstances with your mortgage situation, the superseding nature of the second arbitration decision likely renders the first award moot.
Given the serious financial consequences you faced, including the forced sale of your home, you should consider consulting with an employment law attorney immediately. They can review the specific details of both arbitration decisions, evaluate whether any procedural irregularities occurred with the rapid scheduling of the second arbitration, and determine if you have any remaining legal options to pursue. Many employment attorneys offer free initial consultations and can help assess whether equitable tolling might apply in your specific case.
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