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Roger
Roger, Lawyer
Category: Employment Law
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If an employer is violating their own company policies with

Customer Question

If an employer is violating their own company policies with regards XXXXX XXXXX procedures and progressive discipline, and their is an biding arbitration agreement in place can the arbitration be set aside due to the company unwillingness, or their ability to either change or ignore their own policies?
Submitted: 7 years ago.
Category: Employment Law
Expert:  Roger replied 7 years ago.
If a ruling from arbitration has been issued, it cannot be set aside.
Customer: replied 7 years ago.
Can the arbitration process be set aside since the company representative is not complying with the ir own policies and changing or ignoring established policies and procedures?
Expert:  Roger replied 7 years ago.
<p>If the agreement calls for arbitration, it will have to be honored unless both parties agree not to use it. </p><p> </p><p>If the company won't cooperate, you can file a demand for arbitration with the arbitration association (AAA, etc.) Once you file, the company will have to file a response within 20 days.</p>
Customer: replied 7 years ago.
Perhaps I'm not being clear, there is an arbitration statement that exist on all applications and that Managers are required to sign yearly in their recommitment statements with the company that require biding arbitration should the need arise between the two parties. However, I remember reading a case in the 10th circuit concerning arbitration where the employer's arbitration agreement was set aside due to the employer failing comply with their own policies and procedures regarding the discipline and termination of an employee. It seems that the employer either changed the rules or failed to follow their own rules with regards XXXXX XXXXX practice of progressive discipline. Requiring the employee to adhere to the policies, but the employer would not do the same.
Expert:  Roger replied 7 years ago.
If the employer is not following the policies of arbitration, you can argue that it has waived this provision and proceed to litigate the matter in regular civil court.

So long as you have proof of deviation from the procedure, you have a solid argument.