New York Employment Lawyers Guide Employees Throughout Arbitration Proceedings

Helping you
understand the benefits and drawbacks of
arbitration
In today’s
highly litigious and competitive business
world, many employers have adopted the
practice of adding arbitration clauses to
employment agreements. By doing so, the
employer asks the employee to agree to
arbitration as the first step in attempting
to resolve legal disputes related to their
employment or termination.
At
Hepworth Gershbaum & Roth, our New York
employment arbitration lawyers leverage more
than 70 years of experience to help
employees understand the arbitration
process. Whether you are in the process of
reviewing an employment agreement with an
arbitration clause, or have encountered a
dispute requiring arbitration, our lawyers
can help.
What is
arbitration?
Arbitration is an alternative dispute
resolution strategy that allows each party
to offer their side of the story before an
impartial third party, known as an arbiter.
Logistically, the arbitration process
functions much like a jury trial. Throughout
the process, your
New York employment arbitration attorney
stands by your side to ensure that your
voice is heard on each and every detail of
your case. Witness testimony may be heard
and evidence may be presented.
After
hearing testimony from both parties, the
arbiter will make a ruling on the case. In
some forms of arbitration, this ruling is
legally binding. In others, the ruling may
be appealed through additional legal action.
Is the
arbitration process good or bad?
The
arbitration process offers many benefits, as
well as many drawbacks. Depending upon your
situation, arbitration may be the best
course of action, or it may be detrimental
to obtaining favorable resolutions.
Compared
to conventional litigation, arbitration
offers the benefits of being much more:
-
Efficient: Some litigation processes
last months, if not years. Arbitration
is designed to provide swift resolution
to even the most complex employment law
issues. The efficient nature of the
process helps both parties move forward
as quickly as possible.
-
Private: Court proceedings are open to
the public, as are any records resulting
from litigation. Arbitration, on the
other hand, is a private process that
shields all parties from outside
scrutiny. This may be helpful in
avoiding media attention and lasting
record of the case.
-
Relaxed: Courtroom litigation is a
highly regimented, often intimidating
process. Arbitration is a much more
relaxed process that allows both parties
to discuss their case without the strict
guidelines of the court.
-
Affordable: Due to its efficiency,
arbitration often costs just a fraction
of the amount of litigation. This is
helpful for both parties, as employees
are able to retain legal assistance
without breaking the bank and employers
are able to resolve cases while
protecting their bottom line.
While the
benefits of arbitration are clear, so are
the drawbacks. Arbitration may be
counter-productive based on its:
-
Finality: Unlike litigation, arbitration
may be legally binding, meaning that the
arbitrators ruling cannot be appealed.
This prevents both parties from drawing
out the proceedings, but also limits the
legal recourse the parties have when
facing an adverse ruling.
-
Forced nature: Signing an employment
agreement with a arbitration clause
means that you have no option but to
attempt to resolve disputes through
arbitration. This means that you are
captive to the process, and cannot seek
other legal recourse. In some cases,
this may work against you.
Discuss your
arbitration concerns during a free
consultation with one of our New York
employment attorneys
Before
signing an employment agreement with an
arbitration clause, or beginning the
arbitration process, it may be helpful to
discuss your concerns with an attorney. At
Hepworth Gershbaum & Roth, our New York
employment agreement arbitration attorneys
offer the insight and advice you need to
understand your rights and the impact the
arbitration process may have on your future.
To
schedule a free consultation to discuss your
employment arbitration concerns with one of
our New York employment law attorneys,
contact us online or call 212-545-1199
today.
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Contact an employment law
attorney in New York today
for a free initial
consultation and determine
whether you have a case. For
a free initial consultation,
you can contact us online or
by phone.
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