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Employment Law Case Analysis

Decent Essays

Journal 1 During this week, we began to discuss the first chapter of the employment law textbook. The US employment laws are a mix of federal, state, and local laws that regulates how employers can conduct business in regard to employees. One of the topics discussed was employment at will. While employment at will first appears like an employer can fire or an employee can quit at any time, employment laws cover some instance where an employer could face a lawsuit. These instances include nondiscrimination based on protected classes, freedom to collectively bargain, protection of fundamental rights, and a few other instances. This is why companies are still cautious when hiring and firing employees. They typically document issues and incidents …show more content…

I understand why both are useful but I feel like arbitration can lead to people being taken advantage of. I prefer mediation because it is a suggested resolution and not a binding agreement. If either party feels that the ruling is unfair, they can choose reject the resolution and proceed to take matters further. With arbitration, the decision is binding so once the resolution is made it is final. The only way to avoid it is to take it to court like the plaintiff did in Nino v. The Jewelry Exchange. Requiring an employee to sign an arbitration agreement makes me feel uncomfortable. I believe most employees would not have the courage of the resources to take company to court like Mr. Nino did. Although the only difference between mediation and arbitration is whether the resolution is binding, I believe employees that are being taken advantage of will most likely stay quiet. With mediation, it still appears to be fair since there is a choice involved. In this case, The Jewelry Exchange had a clear advantage over Mr. Nino. The Jewelry Exchange made the time frame to file a grievance extremely short and had more power choosing an arbitrator. One of the major problems I had was with the arbitration agreement making the plaintiff pay for the expenses needed in order to perform an arbitration. Since the employer is already requiring employees to use arbitration instead of taking them to court, I feel the employer should be responsible for the costs. The court agreed it put the employee at a greater

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