JustAnswer > Employment Law
Ask A Question|Register|Login|Help
JustAnswer

Employment Law

Ask an Employment Law Question, Get an Answer ASAP!

Have your own Employment Law question?

5 Lawyers are Online Now
characters left:
Not an Employment Law Question?

Related Employment Law Topics:

  • Ill
  • ,
  • Law
  • ,
  • May
  • ,
  • Sue
  • ,
  • Come
  • ,
  • File
  • ,
  • Hire
  • ,
  • Part
  • ,
  • Side
  • ,
  • Site
Bookmark and Share

Question

In a labor arbitration, what can I do if the arbitrator allows the company to use eveidence but denies me access to the eveidence.

Submitted: 313 days and 9 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
+
Read More

Optional Information

PORTAGE, Indiana

Already Tried:
I filed a motion to vacate arbitrators award. It was dimissed without prejudice because I failed to state a basis for Federal jurisdiction, but I stopped the filing deadline which was my purpose. I will hire an attorney, but I need a reason for filing.

Posted by Faye Lee 313 days and 9 hours ago.

Info Request

Do you have an attorney?

313 days and 8 hours ago.

Reply

I'm trying to find one.

313 days and 8 hours ago.

Reply

I realize it's very hard to vacate an arbitrators award, but I believe this arbitrator has violated a law or, at the least, gone against excepted public policy, which would give me grounds to overturn. This was a computer usage case. I didn't do it!! I asked for the hard drives so an expert could look at them. The arbitrator stated I didn't need them because no evidence was obtained from hard drives, yet he let the company present cookies that were obtained from hard drives. Needless to say, I couldn't defend myself.

Posted by Faye Lee 313 days and 5 hours ago.

Answer

Is your arbitration a final employment action? In some arbitration cases the employee must accept the arbitration final decision. You need to read your agreement to see if you can now sue your employer. You maybe limited to bring any information from the arbitration hearing. It appears you need an employment attorney to help you with this process. You may want to employ an expert witness to help with your case to clarify the technical part of your case.

312 days and 22 hours ago.

Reply

Yes, it is binding arbitration and of course I will have an expert if I get the award overturned. To get an award overturned I must show impartiality or a violation of excepted public policy etc. I believe telling me I didn't need the hard drive even though I subpeonaed them because no information was gotten from a hard drive and then letting them use cookies gotten from the hard drive shows partiality or something along those lines. If I wasn't on any inappropriate sites(which I wasn't) I didn't violate the computer usage policy. The cookies were the ONLY evidence. I am trying to hire an employment attorney. I'm trying to get this question answered by an attorney with specific arbitration knowledge. If you can't help I can repost. Thank you.

Edited by XXXXXXXX on 1/14/2009 at 11:29 AM

Posted by Faye Lee 312 days and 16 hours ago.

Answer

I know you want this resolved however, it takes an attorney to review your agreement and information , I have done arbitrations for over 25 years but I can not see what you have and it is difficult to determine your legal options. without reading your agreements.You may have a case however you need your cases evaluated and it can not be dome in this method. I would be misleading you if I did otherwise.

312 days and 8 hours ago.

Reply

If you are licensed in Ind or Ill I would love to talk with you about taking the case. I don't see why you would need to see our employment contract. It states we agree to final and binding arbitration, which is irrelevant. Final and binding arbitration can be overturned for very limited reasons. I'm just asking if this would be grounds to file. I believe if an arbitrator denies me access to eveidence he cannot allow the other side to use it. It questions his impartiality.

Edited by XXXXXXXX on 1/15/2009 at 3:24 AM

Posted by Faye Lee 312 days and 4 hours ago.

Answer

JA restricts the attorneys on this site from accepting clients, therefore I will be unable to help you except in this format. The employment contract may have information that would help determine your options to pursue. Once you review the documentation you maybe able to argue that the arbritrator manifestly disregarded several factor of law. However this is a fact that can challenge the arbitrator and his/her application of the law in the process.

311 days and 22 hours ago.

Reply

The employment contract says arbitration is final and binding, period.
I am asking a question that could be an informational question without even having a specific case. I want to know, if an arbitrator allows one party to use evidence, but denies the other party access to the evidence what would you state for "Reason to overturn Arbitrators award" in your motion.

Accepted Answer

An attorney would need to read what you are saying whereby you were deniied access to the evidence. Recognize that arbitration can bend in the direction of the employer because the employer will have frequency of cases for the arbitrator, therefore the arbitrator want repeated business.

 

Attorney have challenged these type rulings that are binding , some by suing the American Arbitration Assoc. and several other theories , some successful and some not so. There are several sponsors of a law to discontinue binding aribration but this has not passed, but it has a large following. You may want to contact them.

 

You are asking is your reason is enough to over come the binding agreement you signed, it will be difficult, but I can not see what you have nor do I know what happen in your arbitration. To tell you something I have not read would clearly mis lead you.

Picture
Expert: Faye Lee
Pos. Feedback: 99.7 %
Accepts: 
Answered: 1/15/2009

Lawyer

Have 30 years experience in labor/employment law.

+
Read More

Related Employment Law Questions

  • i am working in saudi arabia now i already fineshed my two
  • I work for in NJ my company is not in NJ, I am a commissions
  • My wife has just been terminated from a laundramat job in wh...
  • Are there any laws that protect an employee from emotional
  • My wife works in the leasing office of a rental property in
  • I need a Strong, Patient, Agressive, Compassionate Attorney
  • do i qualify for unemployment benefits if I quit my job?
  • I have a friend who lives in Hudson County NJ. She just reci...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.