Download A Short History of Socialist Economic Thought by Gerd Hardack, Dieter Karras, Ben Fine PDF

By Gerd Hardack, Dieter Karras, Ben Fine

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Prehearing dismissals, which are common in federal courts, are very rare in arbitration (Kaswell 1998). That strict rules of evidence do not apply in arbitration can work to the advantage of employees. This allows all manner of evidence to be admitted that would not be admissible in court. Also, the relative informality of the procedures makes the process more ‘‘user friendly’’ for employees (Kaswell 1998, p. 96). Both employers and employees Both parties benefit because they have a dispute resolution mechanism that is ‘‘faster, less costly and less divisive’’ (Estreicher 1997).

Supreme Court which made it clear that pre-dispute mandatory employment arbitration Employment Arbitration 21 agreements are enforceable: Circuit City Stores, Inc. v. Adams (2001a), and Gilmer v. Interstate/Johnson Lane (1991). In Circuit City Stores, Inc. v. Adams, by a 5 to 4 vote, the court reversed a decision of the Ninth Circuit Court of Appeals that had held that a mandatory employment arbitration clause in an employment contract was unenforceable. The employee—Adams—had signed an employment application that contained a provision stating that he agreed to take all claims arising from his employment, including statutory ones, to arbitration rather than to court.

1998), in which it had held that a mandatory employment arbitration covering statutory rights was unenforceable, thus bringing the court into line with the others on this point. However, on the Circuit City case itself, which was remanded to the Ninth Circuit, the court held that the agreement in that case was unenforceable because it was ‘‘unconscionable’’ under California law. It based this decision on the fact that the agreement was offered on a take-it-or-leave-it basis, did not require the company to arbitrate its claims against the employee, provided for only limited relief to the employee, and required the employee to pay half of the costs of arbitration (Circuit City Stores, Inc.

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