Understanding How Employment Law And Arbitration Works
An employment law dispute can bring about intense frustration and anger. But before you attempt to file a lawsuit, you may need to read the fine print of your contract. Many employment agreements include an arbitration provision. This provision essentially means that you have signed away your rights to take a case to trial. Instead, you have agreed to settle your dispute out of court. Though arbitration provisions are enforceable, you have rights, and we can protect them.
At the Law Offices of Denise Eaton May, we provide not only arbitration services, but also help clients navigate settlements. If you face arbitration or are in need of a neutral third party, we can help. Discuss your unique circumstances with us today.
What Happens In Arbitration?
Despite being an alternative to litigation, arbitration functions much the same. It is often thought of as a pared down version of litigation that is both effective and efficient.
In arbitration, both parties can:
- Obtain legal representation from a lawyer of their choosing.
- Present any evidence they feel is beneficial to their position.
- Make arguments in their defense and against accusations.
- Call witnesses for questioning and to testify on their behalf.
Due to its streamlined nature, arbitration can be limiting. The outcome of your case is not decided by a jury of your peer, but more likely a single arbitrator. However, an arbitration provision actually benefits employees as much as it benefits employers. Through arbitration, employees can avoid a lengthy trial and costly legal fees.
We Are Both Fair Arbitrators And Reliable Attorneys
Although employment law arbitration is more cost-effective, there are still disadvantages. Employers often have more access to the evidence and documents needed to win a case. For this reason, having an experienced arbitrator is necessary. Without experience, an arbitrator may be easily influenced or unable to remain fair. For employees going through arbitration, we recommend obtaining a skilled attorney. Proper legal guidance is crucial to the outcome of your case.
Whether you are seeking an arbitrator or counsel for arbitration, we can help. For questions or to schedule a free initial consultation, call 510-244-3307. You can also reach us at our Hayward, California, office via the online intake form today.