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Oracle Tips by Burleson |
Pursue Arbitration
Disputes between parties may be heard and
resolved by an arbitrator, whose decision is binding. In cases where
the losing party does not comply with the arbitrator’s decision, the
other party may obtain a court judgment based on the arbitrator’s
award. The judgment is then enforceable under the law.
Several factors make arbitration an
attractive alternative for employers defending claims filed against
the company, versus the resolution of lawsuits in the courts.
Arbitration is a less expensive alternative that provides for faster
resolution through the use of relaxed rules of evidence. Therefore,
employers should place arbitration agreements in their employment
documents such as letters of employment that are signed by all IT
employees. If negotiation fails to resolve a dispute, arbitration
would be pursued prior to litigation.
Arbitration cases are not reviewed and
decided by a jury but are rather handled by a professionally trained
arbitrator. The arbitrator is hired to perform this function and
tends not to be as lenient towards the employee as a jury would be.
Generally, a jury is made up individuals that can relate more to the
complainant and would most likely associate themselves with the
position of the employee filing the lawsuit.
There are no appeals for cases that are
heard by an arbitrator and so his or her decision cannot be
disputed, regardless of how disappointed the claimant is with the
outcome. The employer is usually more prepared, organized, and
experienced with these cases from the outset, which gives them the
advantage when the claimant makes mistakes and the arbitrator’s
decision cannot be appealed.
The employer also has the advantage of
holding most documents related to the employment of the individual,
as well as documentation gathered during any investigations. Since
arbitration has restrictions on the amount of information that may
be obtained from the other party, the employee will have more to
lose by not having access to all the information retained by the
employer.
The above book excerpt is from:
You're Fired!
Firing Computer Professionals
The IT
manager Guide for Terminating "With Cause"
ISBN 0-9744486-4-8
Robert Papaj
http://www.rampant-books.com/book_2005_1_firing.htm |
