Reference no: EM131621456
Case Three: Big Brain Solutions
Big Brain Solutions is a Colossal subsidiary in the consulting industry, located in Silicon Valley.
Early in 2014, Liz Bennett and Ralph Nickleby each applied to become administrative assistants at Big Brain Solutions. After successfully completing the interview process, both were hired and asked to sign contracts that contained the following provision: "If there is any dispute as to employment practices or employee/employer actions, this dispute will be decided via binding arbitration." Both Liz and Ralph signed their contracts after being given ample time to review them and to consult an attorney if they wished to do so.
Several months after he was hired, Ralph became addicted to cocaine. Around the same time, Liz became pregnant with her first child. When Liz experienced complications during her pregnancy, Big Brain initially agreed to grant her medical leave; but shortly thereafter, the company informed Liz that her position had been eliminated due to a "reorganization."
Fearing that Ralph might have trouble picking up the slack for the recently released Liz, Big Brain asked him to take a surprise drug test. Ralph was confused and alarmed and refused to take the test. Big Brain informed him that he was fired because of his refusal to take the test.
Liz decided to file a lawsuit in state court under the state and federal Family and Medical Leave Acts, which guarantee pregnant women a set number of weeks off for pregnancy. Ralph, on the other hand, submitted his case to an arbitrator.
Your task is to determine whether either Liz or Ralph's grievances could be heard by a court, and explain the reasons why or why not. Furthermore, you must determine what the likely outcomes will be if these cases are decided by an arbitrator. Communicate your findings to the vice president via memo.
What general procedures or rules govern a typical arbitration proceeding?
Can a company force an employee to use arbitration (instead of a lawsuit) to settle an employment-related dispute because of a contract provision?
Are there times when an arbitration clause might be invalid or unenforceable against an employee?
What effect do claims based on specific federal or state laws have on arbitration provisions in employment contracts?
|
What you would say if you were delivering the presentation
: List specific changes that Apple has made to its Code of Conduct. Provide detailed speaker notes of what you would say if you were delivering the presentation.
|
|
Find the median number of days a patient stays in hospital
: Find the median number of days a patient stays in the hospital: 2 days; 15 days; 7 days; 3 days; 1 day; 3 days; 5 days; 2 days; 4 days; 1 day; 2 days; 6 days.
|
|
Searching for the h in hrm
: Searching for the "H" in HRM: your essay is about the "H" in HRM or the "human" in human management.
|
|
Find the median number of cds purchased per month
: Find the median number of CDs purchased per month by college students: 12, 7, 5, 2, 1, 8, 0, 3, 1, 2, 7, 5, 30, 5, 2.
|
|
Explain rules govern a typical arbitration proceeding
: What general procedures or rules govern a typical arbitration proceeding
|
|
Issues of dignity and self-respect
: The issues of dignity and self-respect are often related to work. Many people draw a sense of self-worth from their work. Is this the case for you
|
|
How does cultural competency occur
: How does cultural competency occur? What can one do to become culturally aware? Describe effective approach to using Purnell Model when working with subculture.
|
|
Calculate the amount and percent of increase in dale salary
: Calculate the amount and percent of increase in Dale's salary from 2007 to 2008.
|
|
What are the value on work in your point of view
: what are the value on work in your point of view? Do you believe that hard work builds character or promotes social well-being
|