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Constitutional Issues Arise And Determine Whether Corporate Use Of ADR

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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’

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