Can a named arbitrator be replaced in an arbitration case?
In many such cases neither any arbitration clause nor any consent terms prescribe any procedure for replacement of such an arbitrator. Hence a doubt arise, about the legal the sustainability of an arbitration clause, when the named arbitrator when resigns or unable to perform as an arbitrator.
What does an arbitrator do in a discharge case?
To be sure, an arbitrator is applying the terms of a collective bar- gaining agreement when he decides a discharge case. Typically the agreement recites that the employer will not discharge without proper cause, and the arbitrator makes a judgment as to whether there was proper cause.
Who was sole arbitrator in FINRA employment arbitration?
Those and other questions arose within the context of a FINRA intra-industry employment arbitration. The sole arbitrator parsed through the assertions and defenses, and produced a nuanced Decision. An interesting read that touches on many compliance and litigation issues.
Can a submission agreement limit the arbitrator?
The submission agreement may limit the arbitrator to finding whether the grievant was guilty of the offense for which he was terminated. The contract or submission agree- ment may instruct the arbitrator as to whether he is authorized to miti- gate the penalty, as an alternative to upholding it or rescinding it altogether.
In many such cases neither any arbitration clause nor any consent terms prescribe any procedure for replacement of such an arbitrator. Hence a doubt arise, about the legal the sustainability of an arbitration clause, when the named arbitrator when resigns or unable to perform as an arbitrator.
What happens when you are forced to resign due to retaliation?
3. Retaliation is a violation of employment discrimination law. Sometimes a worker may feel forced to resign as a result of retaliation and intimidation from an employer. This, too, is prohibited under both federal and state laws protecting workers from discrimination in the workplace.
Is it illegal for an employee to be forced to resign?
In some instances, being forced to resign is illegal, and employees should be aware that employment discrimination laws can protect them when the circumstances signal unfairness. A resignation is a voluntary act which results in formally giving up a position of employment.
What happens if you sign a resignation letter?
Employees should keep in mind that being forced to resign can affect important legal rights, and signing a letter of resignation may cause a forfeit of unemployment benefits. Signing a resignation means ending the employer-employee relationship.