ipl-logo

Constitutional Issues Arise And Determine Whether Corporate Use Of ADR

338 Words2 Pages
bulb-icon

Recommended: Disabvantages of using arbitration clause

Necole Cox Thomas Business Law I Professor Baimes October 1, 2016 1. Explain why many companies prefer arbitration and how arbitration may affect employee rights. Arbitration is a cheaper and more convenient way to settle disputes between an employee and an employer. They can minimize lawsuits and reduce bad press publicly and internally. They also win most of the times through arbitration compared to litigation. Depending on the clause, arbitration takes away most of the rights of the employee. A well written arbitration forces an employee to give up his right to sue his employer through the public court system. An employee usually has less information forthcoming information from an employer. 2. Determine whether any constitutional issues arise and determine whether corporate use of ADR may be neither ethical nor legal. …show more content…

Giving one person the power to decide a cases that is usually based on someone perspective is not equitable. With a jury, you have multiple point of views that can vote on an issue, it is more balanced. We have a right to sue but being asked to either retain a job if you give away your rights to sue through our public system or find another job is unjust. Why should the employer be protected but not the employee? As we take the risk of driving a car an employer should take the risk of hiring employees. Furthermore, we are not able to guarantee that the arbitrator is really neutral and we are most likely unable to choose our own. This is an unfair advantage for the employers. An employer wouldn’t need this type of protection if he upholds the rules and treat their employees’

Show More
Related
184 Words | 1 Pages

The employees were sanctioned for the underlying charges and the charge of giving the false statements. Holding of the Court: The court ruled in favor of La Chance because agencies

Read More
902 Words | 4 Pages

CNN reported on August 1, 2014 that 43-year-old Eric Garner died on July 17 after being confronted by police on Staten Island for allegedly selling cigarettes illegally. As police officers approached Garner he raised both hands in the air and told the officers not to touch him. Moments later, a video recording shows an officer grabbing the 350-pound man from behind in a choke hold and wrestled him to the ground, rolling him onto his stomach. CNN News also reports that the video has Eric crying repeatedly that he could not breathe until his last gasp. Evidence and Applicable Laws Julie Bolcer, a representative of the NY medical examiner 's office confirmed that the cause of death was "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police.

Read More
318 Words | 2 Pages

The act established that companies could not use treasury money to support or dissent someone’s political campaign, and the case decided whether are not this law was against the first and fourteenth amendment . The outcome of the case decided that this law was in fact not against the first or fourteenth amendment because companies could not be regarding as people and therefore did not reserve the same kinds of rights and liberties, such as freedom of speech or equal protection under the law . In the case of McConnell v. Federal Election Committee, the BCRA of 2002 was brought into question and whether or not Congress had the right to limit companies spending of money towards political campaigns, even if it was considered to be soft money and

Read More
515 Words | 3 Pages

The Founding Fathers wanted the people of the United States to be in a democracy or self-government and established the jury system into the constitution. It is expensive and is a long process to start a jury trial. Also, jurors are not as professional as judges and can not determine a fair verdict. The Crime Scene Investigation (CSI) effect might also affect the verdict of the jury. The American jury system should not be used because of it not being cost-effective, the lack of experience of the jury, which leads to justice not being served, and the CSI effect impacting the

Read More
776 Words | 4 Pages

America gives any defendant a trial by judge, unless the judge allows a trial by jury. There are certain cases that need a better balance between a guilty verdict and the defendant’s freedom. Murder trials often receive 12 jurors to decide the defendant’s fate, while civil cases often have a judge making the verdict. The issue lies in citizens because they are unaware of the seriousness that presides in choosing another human’s future. Judges should be the only decision makers to choose a verdict which gives a defendant a fair trial in how they will use fact over feeling, they will be focused on deciding the verdict, and they are aware of the moral issues that may come out in a case.

Read More
946 Words | 4 Pages

Some may argue that this is an old age idea that doesn’t work with today’s society. However, the jury system is still very effective today. As soon as you receive your driver’s license you are in the drawing to be on a jury. There is a pool of people selected to come participate on the jury, but slowly they are cut down

Read More
842 Words | 4 Pages

Another reason citizens question juries is that they have bias from personal experience or the media. The defendant and the prosecution criticize the jury system because the actual jurors may not understand the situation from any point of view because they come from different lifestyles (Doc E). The American jury system is not a good idea anymore because juries are not experts in law, they have bias, and are not “a jury of peers”. Because jurors are not experts in law, they are subject to be

Read More
647 Words | 3 Pages

This was determined from way back when America was first being created. Originally the U.S was control by the British but one of the main reasons for our independences from them other than the fact that the U.S. did not like their high taxes but also was because the jurors and their rights. According to the video “Annenberg Classroom: Juries” when a judge did not like the juries verdicts they were fine and threatened to have their nose cut off. American wanted their judicial to be fair and equal for all. However, they are wrong in the fact that all citizens should need to serve on the jury because people will misuse this power and will not truly understand their effect on the case and more importantly the people live on trail.

Read More
1464 Words | 6 Pages

Despite the cons of unions overall they help not only the employees but also the

Read More
801 Words | 4 Pages

This may cause a judge to render a decision based on obligation instead of holding true to their beliefs. This pressure is not easily felt as intensely by appointed judges, especially those with lengthy terms. In considering the equity of the pros and cons it is my opinion that the existing system in place works best. Every system is flawed.

Read More
1472 Words | 6 Pages

They have to decide important matters, verdicts, without giving reasons about their decision (Hostettler, 2004); they can nullify a verdict even if the evidence is overwhelming (Joyce, 2013). Furthermore, juries are too expensive, prolong the length of the trial (Davies, 2015) and the guilty can walk free, while the innocent is convicted (Joyce, 2013). In addition, jurors should be representative of society, but it is not

Read More
1477 Words | 6 Pages

Firstly, by creating punitive remedies and civil fines, the Act would make it costlier for employers to violate the NLRA and change the economics of bargaining versus not bargaining with employees. Secondly, the injunction power and the private right of action address the issues of employers delaying proceedings and thereby harming workers further and allows workers to become interested in pursing their own grievances. Additionally, by providing workers with double liquidated damages for discharge and other serious economic harm, the Act addresses other economic losses not covered by the Act, and gives more incentive for workers to pursue actions against employers violating the laws. This would also largely put a stop to courts limiting the remedies provided for by the

Read More
2101 Words | 9 Pages

Improve staff retention Trade unions negotiate on their member’s behalf with employers to find solutions that meet business needs, while ensuring that workers are treated fairly. By giving workers a voice and supporting workers when they are unhappy at work. Trade unions significantly improve staff retention and reduce absenteeism. Improved working conditions in unionized workplace also give workers power incentive to remain in their jobs for longer, and to use their time at work more

Read More
3020 Words | 13 Pages

A dispute that might otherwise go to court becomes subject to binding arbitration only by the agreement of the parties. In this sense, arbitration is a creature of contract, and the terms of the parties’ particular arbitration agreement are generally controlling. Private arbitration is now governed by the Arbitration Act 1996. The Arbitration (International Commercial) Act 1998 introduced the UNCITRAL Model Law as the procedural framework for international arbitrations. Many commercial contracts include what is known as a Scott v Avery clause, whereby parties agree that in the event of a dispute arising between them, they will resort to arbitration to settle the dispute.

Read More
926 Words | 4 Pages

The term labour relations, refers to the system in which employers, employees and their representatives (management) and, the government who all interact and work together directly and indirectly to set the ground rules for working relationships inside and organization. labour relations has its roots stemming from the industrial revolution, where we saw the emergence of trade unions to represent workers and their rights. A labour relations system reflects the interaction between the main actors in the organization namely the government, the employer, trade unions and employees. Well set out labour relations in an organization safeguards fair labour practices, as well as contributes to long term success within the organization. There are multiple advantages to the Labor Relations Act, all of these advantages are put into place in order to protect the well being of the employee as well as the employer both on a fair and equal basis.

Read More

More about Constitutional Issues Arise And Determine Whether Corporate Use Of ADR

Open Document