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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 arbitratorís decision, the other party may obtain a court judgment based on the arbitratorís 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 arbitratorís 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

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