Common-Sense Suggestions to the EEOC
The EEOC has extremely important tasks in receiving and handling charges of employment discrimination, harassment, or retaliation, but is following self-defeating procedures and failing to solve longstanding problems. Some common-sense changes would work far better for the Commission, the charging parties, and employers, and would make the Commission’s limited resources more productive. Here are my ideas. Continue reading
What Does It Mean to Be an “At Will” Employee?
“At will” is a legal phrase that means the employer has the right to fire an employee at any time, for any reason, including a senseless, mean, spiteful, or arbitrary reason, as long as the reason is not unlawful. An “at will” employment can be ended at the will of either the employer or the employee. An employment contract that has no definite duration, and that has no limitation on the employer’s ability to fire the employee, is normally “at will.” Continue reading
What is the Proper Role for Dispositive Motions in Arbitration?
To achieve speedy resolutions, and to resolve matters as cost-effectively as possible, arbitrators should be careful in allowing the filing of dispositive motions. They make sense for gateway issues, but not for issues going to the substance of the merits. Allowing such motions generally would lengthen the time required to resolve cases, and multiply discovery to the magnitude needed in Federal courts. When trials are held on affidavits, the parties need a lot of depositions because that may be their only opportunity to examine the other sides’ witnesses. Ruling out trials by affidavits in the bulk of cases allows the promise of arbitration–faster, cheaper and fair resolutions–to be realized. Parties need to know at the outset what will and will not be allowed, so they that can cut their discovery needs. Continue reading