EmploymentLabor Law Disputes Benefits of Arbitration andor Mediation

In today’s legal landscape, increasing numbers of employers provide an alternative to costly and time consuming litigation by utilizing both arbitration and/or mediation in their breach-of-contract Employment/Labor Law cases.

Mediation allows the parties an opportunity to review their positions through the objective perspective of a certified mediator. Furthermore, the mediation process provides each side an opportunity to consider the proposed contract breach through the filter of the objective, impartial guidance of the mediator, thus assisting each party to make informed choices that are in their best interests. A mediator, working as a facilitator toward a resolution in the interest of both parties, is able to present a non-emotional setting for potential resolution of the dispute; moreover, settlement occurs in what employers and employees often consider a private matter without a public airing as matters in mediation are confidential for the parties involved. A number of contracts may require mediation at some point in the dispute process, providing a more expedient and less costly process than litigation. .

Arbitration, on the other hand, can be either binding or non-binding. Like mediation, the process is less expensive and more expedient than litigation and, thus, less emotional for the parties. Non-binding arbitration, like mediation, is not a final adjudication unless both parties are in agreement. In non-binding arbitration, parties may accept the decision of the arbitrator, but if they don’t, the process ultimately provides the following: (1) gives each party the opportunity to review more objectively the position of the other; (2) provides each party an idea about the potential outcome of litigation; and (3) allows each party to review its position and make more informed choices in regard to the settlement of the case without litigation.

Binding arbitration, increasingly included in employment contracts, allows both parties to present their positions and evidence to an arbitrator who renders a decision binding on both parties in the dispute. The arbitrator hears the evidence, reviews it either alone or as part of an arbitration panel, and renders a binding decision. In the event that a contract includes binding arbitration as the resolution process in contract breach, the employee’s or employer’s only recourse to a non-favorable decision is appeal, a more timely and costly road.

Litigation of contract breach can be both financially and emotionally exhausting. To reduce the anxiety and financial difficulty, mediators and arbitrators work diligently to bring the parties to resolution and avoid the stress and cost of litigation. The benefits of mediation and arbitration are obvious: cases move to resolution far more quickly than litigation if agreement is reached; disputes remain private rather than suffering a public display; the parties are afforded information to review and an objective viewpoint to consider in order to achieve settlement, or, in the case of binding arbitration, an opportunity to move quickly to resolution rather than waiting for a court date. In summary, alternative dispute resolutions (both mediation and arbitration) provide a less anxiety producing and less costly method by which to resolve employment/labor contract disputes. A well-trained mediator or arbitrator with a broad base of experience offers an opportunity for desired resolution of disputes.

W. David Shearer, Jr. is a Florida Supreme Court Qualified Arbitrator and a Florida Supreme Court Certified Circuit Civil and Family Mediator. Consider W. David Shearer for your arbitration or mediation needs. He is interested in serving clients throughout the state of Florida. Call (239) 537-4691 or visit his website http://www.flarbitratormediator.com for more information.

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Get Upward On the web Teaching Employment and earn Income Quickly

The actual popularity associated with world-wide-web has had the particular getting regarding information incredibly. When we believe regarding schooling and learning what arrives to our mind is often a traditional school room program exactly where your pupils meet their particular educators along with acquire information. Using the advent of web it has received a new face. Currently, learning process can easily happen more than the net. The teacher as well as the college student may well be in two distinctive parts from the planet. Any personal computer with web link, internet camera and headphone as well as the just resources needed for your school space.

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Employment Background Screening

About fifty years back, hiring a person was a simple process. All you had to do after receiving the application was a quick cross reference with previous employers and hire the person. In many cases, even that was not done; people were hired simply because a neighbor or a friend had something good to say about them. Hiring was a matter of gut instinct.

Not any longer. Today, this casual attitude towards hiring your employees could cost you billions of dollars in lost lawsuits.

A security agency had to pay $3 million after their guard had stolen from a client. Subsequent checks revealed that the employee had a colorful criminal record. ?A sales firm had to pay $175,000 in negligent hiring lawsuits when its sales representative was caught forging signatures.

Many companies have lost millions of dollars in negligent hiring lawsuits because they did not uncover vital information through employment background screening.

The Society for Human Resource Management says that 95% of HR professionals in charge of hiring employees conduct employment background screening before they hire. This is a whopping 35% increase from the 60% who used to screen employees in the 1990s. There seems to be a reason for this sudden jump: more than 40% of job applications submitted in the US contain false or fabricated data. More than 9% of the employees who have agreed to get their backgrounds checked are hiding criminal histories. Thus, it is obvious that hiring is contingent on successful employment background screening.

A thorough employment background screening exposes information that was intentionally withheld or mistakenly omitted. Often, employees embellish the truth, particularly when it comes to educational qualification, expertise or experience. Such hidden information may have serious repercussions if it is discovered in a tricky situation. Needless to say, access to such data will stop you from hiring antisocial elements.

Employment background screening consists of a number of checks: background checks, drug tests and psychometric testing. This helps employers ascertain claims regarding qualification, education, previous employment and criminal history. It also helps them uncover any blemished in the person’s character.

Background searching services are offered by a large number of online services and private investigators. When choosing the right company, select a company that has access to a wide network of information. Most screening companies retrieve data from a common pool of data stored with government agencies. They then dig further for criminal history, credit data, sexual offense registration information and other sensitive material. All the data collected on the potential employee is then compiled into a single background check report. The company you employ must be able to give you quick results, because you obviously don’t want to lose a good employee to your competition.

Whether you conduct an in-house background screening or employ the services of a background screening company, it is necessary to go through the claims of your potential employee with a fine-toothed comb. Companies that fail to perform their due diligence before hiring may have to close shop if the worst happens.

Getting An Employment Reference Letter From College Professors

As a graduating college student you already know you’re immediate future could be tense. The odds of getting hired straight out of college aren’t nearly as high as they were ten years ago. The odds of getting a job which pays enough to cover your daily living expenses, as well as your student loans will prove even more difficult. When you’re getting ready to start applying for post-college jobs, you can’t afford to be blas about your employment reference letter. It doesn’t matter if you’re asking someone to write a letter for you, or if you’ve been asked to write a letter of recommendation for someone else, you need to make sure it’s the best letter possible.

When it comes to getting your first professional job after leaving college, you need to take care when selecting just who will be writing the letter. Even though your buddies love you, and will be more than willing to provide you outstanding recommendations, the really aren’t the ones you should be going to. Future employers won’t just be interested in the information contained in the employment reference letter, they will also be very interested in the person who penned the letter. The more respect they have for the employment reference letter’s author, the more weight they will give the reference, and the better your odds of landing the job.

Presumably you’re applying for a job in the same field you have jut finished studying. As long as this is the case, you should talk to some of your professors about providing you with good employment reference letter. Most college professors consider this to be part of their job. You will do best when you pick a professor you’ve not only worked closely with during the time you’ve been in the university, but you should also pick one that has strong connections in the field. The more respected the professor is, the better your chances of getting the job.

You shouldn’t wait until the last possibly second to get the letter. Professors are very busy, the have to carefully manage their time and it may take a few days before they have chance to sit down and write down their thoughts an opinions of you. The even bigger reason to ask the professor for the letter soon as possible will be to ensure they know exactly who they’re recommending for a job. The average college professor sees lots of students throughout the course of a year.