How to Fire an Employee without Getting Sued

Fire an Employee - ADR Times

I’ve practiced employment law for more than 35 years, representing both employees and employers. I‘ve also been selected as an Arbitrator in more than 50 employment arbitrations. As a result of this experience, I have come to recognize common factors that often precipitate wrongful termination cases.  While there’s no way to guarantee a lawsuit won’t …

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Arbitrating Employment Disputes 

Arbitrating Employment Disputes 

Employment arbitration statistics show that arbitration is on the rise as a mechanism to resolve employment disputes.  However, this process has received criticism from employees and those who protect them because it can provide an unfair advantage to employers and may remove the rights of employees to use the courts to resolve their dispute.  The …

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A New Model of Intra-Corporate Conflict Resolution

Corporate Conflict Resolution

Executive turnover is costly.  Signing bonuses, search fees, severance packages, and much more bring estimates of the turnover cost of a “C-suite” employee to $1.5 million. Consulting firms estimate the cost at 1.5 to 3 times annual salary, or more.Yet executives don’t always mesh well.  Personality clashes, disagreements on corporate strategy, or the corporate governance …

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EEOC Mediation

Resolving employment discrimination claims through the EEOC is often a headache for all of the parties involved, meaning that both the employee and the employer will benefit from having the EEOC mediation process explained.  The EEOC is responsible for investigating and enforcing federal employment discrimination laws, and these investigations are called claims.  During this investigation …

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Unleashing The Healing Benefits of an Effective Workplace Investigation

Unleashing The Healing Benefits of an Effective Workplace Investigation

The average working American devotes more time to work than to family, leisure, or even sleep.According to the Bureau of Labor Statistics, time spent working beats time spent sleeping by an entire hour. Given the amount of time and energy we spend at work—plus the fact that conflict is a frequent and natural byproduct of …

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7 Significant Steps to Prevent Employee Litigation

Prevent Employee Litigation

PROBLEMS, PROBLEMS EVERYWHERE…Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines.  To make matters worse, the higher-ups do what they want, when they want… and then they come to tell you about …

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AAA Employment Arbitration Rules Explained

AAA Employment Arbitration Rules

AAA Employment rules have been a hot topic for decades regarding the enforceability and fairness of the pre-dispute arbitration clauses in the employment context. American Arbitration Association (AAA) Employment rules have been a hot topic for decades. The issue is of huge practical importance because, depending on which study one believes, between twenty and forty …

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Grievances

Grievances

When a union laborer feels that their employer violates their contract, they often face the process of filing a grievance. Unfortunately, this process can often feel overwhelming and discouraging in workplaces, so many instances go unreported. For this reason, this article attempts to explain the grievance process to better aid laborers in the steps to …

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AAA Environmental Training

AAA Environmental Training

The web of American environmental laws:  Though he is usually remembered for other things, Richard Nixon was in some ways our most environmentally friendly president. Most observers mark the September 1962 publication of marine biologist Rachel Carson’s Silent Spring (warning about the environmental damage done by synthetic pesticides like DDT) as the beginning of the …

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What is the Federal Mediation and Conciliation Service (FMCS)?

FMCS New Mediator Class of 2019

The Federal Mediation and Conciliation Service (FMCS) is the nation’s largest independent public agency for alternative dispute resolution (ADR) and conflict management, providing mediation and conflict resolution services in the private, public, and federal sectors.

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