Reference no: EM131021020
In employment disputes most employers rather use arbitration over litigation any day because of the time and money they say. Arbitration was designed as an alternative to litigation because it is generally considered to be less expensive and less time consuming. To facilitate the arbitration process, a written agreement must be entered into that provides for the selection of an arbitrator and the legal issues that he or she may deliberate. An arbitrator examines documents and listens to testimony. Then he or she grants an award based on a factual determination. An arbitrator must be impartial. The arbitrator's award is binding on both parties and may be overturned by a court only where the arbitrator acted out of self-interest; the decision was procured by fraud or corruption; the arbitrator exceeded his or her powers; or the decision was made with a manifest disregard for the law.
Employment Practices
The employment practices in the Timothy Reverson case scenario, appears to
Was it legal and ethical for the company to terminate Timothy Reverson over his pay raise argument?
Element of Law
What elements of law are important for Timothy Reverson to consider in advancing his case?
What elements of law are important for the company to consider in defending its position, including that of forced arbitration?
Evaluation of Company's Actions
Evaluate the actions of the company in this situation.
Prevention - What could have the company done to prevent the situation. What more could the company do to ensure that this type of situation would not occur in the future?
Implications and Consequences - What are the broader implications of this situation for the company? What consequences can occur to the company?
Resolution -
What resolution to this situation might a Human Resource Director suggest other than forced arbitration and the company lawyer's motion to dismiss?
Issues such as corporate culture, progressive discipline, other types of alternative dispute resolution, company brand and reputation, and any strategic steps are considered.
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