Resolving Employment Dispute And Avoiding Expensive Court Lawsuit

There are several alternative ways to resolve a dispute between employers and workers to avoid formal lawsuit, a process which usually takes long years, and are often expensive.

Arbitration

This is a process where both employers and workers agree that a third party will help them resolve a dispute. However, arbitration policy should be included in the employment agreement and that workers should explicitly consent to this.

Retired judges are traditionally chosen as arbitrators since they have an extensive experience in making legal decision. However, some companies prefer commercial firms to resolve employment dispute.

Meanwhile, employers and workers should both make a decision on who will be the arbitrator. If companies do not seek the consent of workers, the arbitration process is illegal.

Mediation through a Federal agency

The Equal Employment Opportunity Commission (EEOC) and other neutral parties can serve as mediators to resolve a dispute between employers and workers.

Usually, mediators focus on future improvements, not on the past. They also assist both parties to reach a mutual and voluntary resolution that will provide equal benefits.

Unlike arbitrators who ask for a service fee, the EEOCs National Mediation Program comes free of charge.

Negotiation Process

Unlike in arbitration and mediation processes, negotiation does not require a neutral third party to resolve the employment dispute. Involved parties are left to settle their differences and come up with a mutual and voluntary resolution.

In this process, involved parties can speak and make decisions for themselves. However, they can also hire lawyers who will negotiate on their behalf.

In negotiation, parties can focus on past, present, and future issues, unlike in mediation where the focus is only about future improvements of certain conditions.

To make this process legal, both parties should enter this voluntarily and without anyone forcing them to do so.

Offering Severance Pay to Workers

There is no federal or state law that requires employers to give severance pays to workers who are terminated, laidoff, or have resigned. However, if this compensation is included in the employment policy, employers are required to give this to workers. Failing to do so will make them liable for a lawsuit.

While severance pays are not mandated by law, many companies still provide these to their workers to avoid lawsuit. According to several studies conducted by occupational psychologists, employees who receive severance benefits are less likely to file lawsuits against their employers. (They think that their companies are generous enough and sincere to them.)

When establishing severance pay policy, companies should include in the employment agreement certain prerequisites such as: 1.) the number of years required to become eligible for this benefit, 2.) the cause of termination should not include misconduct, and 3.) other conditions.


Ministry of Employment and the Economy Announces Nine Commercial Actions of the Government in 2013

The regional government has invited the three officers Fair trade internationally to promote sales of products

Spain, March 15, 2013 – The Minister of Employment and Economy of Castilla-La Mancha, Carmen Home, announced that “the Government of Castilla-La Mancha, through IPEX, will organize nine actions in 2013 to promote trade furniture sector internationally and, thus, contribute to a sector that has adapted to the economic times take decisive betting product quality. ”

In this sense, Casero said that “in the coming months we will trade shares in Ukraine, Italy, UAE, China, the U.S. and Russia to all potential buyers can appreciate in situ the product” This time, as stipulated by the Internationalization Plan of Castile-La Mancha, the Government has invited Cospedal Furniture Fair Sonseca to different external brokers to encourage purchases. These three architecture, one of Mexico and two internationally based in Valencia, specializing in the sale of products for the hospitality industry and supermarkets. During 2013 also will be an ambitious program, which includes a comprehensive package of 10 sessions specializing in digital marketing, Internet advertising and e-commerce, especially aimed at consumer goods companies.

During the inauguration of the International Furniture Fair of Castilla-La Mancha, in Sonseca (Toledo), which has been accompanied by the delegate of the Board in Toledo, Fernando Jou, the CEO of Business Incentives and Trade, Antonio Conde, the mayor Sonseca, Francisco Jos Garca Galn, Fermacam president, Antonio Garcia, the general director of Caja Rural de Castilla-La Mancha, Victor Manuel Martin, and the president of the Chamber of Commerce of Toledo, Maria Angeles Martinez praised Home that “exports and related furniture have increased by 37 percent in the past year, reaching a turnover of over 40 million euros.”

During his speech, the minister informed that “there are currently more than 1,900 companies in our region dedicated to the furniture sector, which accounts for 7 percent of those in the whole country and employ more than 9,600 people ” The Minister of Employment and the Economy has stressed the importance of such fairs, “which are a great opportunity to promote the product and lead directly to the creation of jobs in a sector that is starting position again.”

Home has assured that “entrepreneurs present in Fermacam and the rest of the sector have shown tenacity and fighting spirit to look fierce and every day a more professional with that increase sales base.”

Finally, he recalled that the Government is taking measures to improve the economic and employment situation. As an example, he referred to the Law of Stimulation and Relaxation of commercial activity and Urban Development, the Plan Recruitment incentives, or the law of Entrepreneurship, among others.

Press Contact: Consejeria de Empleo y Economia Media Relations Consejeria de Empleo y Economia Address: Avda Ireland No 14 512-212-1139


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