So, you say you want to avoid employment jury trials? Let’s talk.
The Federal Arbitration Act (and the law of virtually all States that have enacted a version of the Uniform Arbitration Act) favor arbitration. Contractual agreements that clearly and unmistakably set forth an intent to arbitrate disputes normally will be enforced (barring a judicial “lapse of judgment”). Key benefit: in arbitration, there is no jury! Employers know that juries are fickle, and may decide an issue based on empathy and anger rather than the rules of law enunciated in the jury instructions.
Continue Reading One! Two! Three! Four! What Do You Say We’re Fighting For? Arbitration!
My brilliant law partner, Fiona Ong, explained last week about why it is unwise to treat a reduction in force (“RIF”) as a “golden opportunity” to rid yourself of those pesky under-performers whose deficiencies were not documented properly. (We do know why there is no documentation, BTW. Those underperformers often are gifted at deflecting responsibility, and honest performance evaluations require, well, honest feedback, which unpleasant people abhor. For managers, who just want to do their jobs, it is much easier to select “meets expectations, meets, meets, meets” than lose hours debating the ratings.) 
Some employers view a reduction in force as an apparently easy and clean way to get rid of employees they do not want – like poor performers, who have not been properly performance-managed. There may even be less appropriate considerations in mind – an older employee viewed as slowing down, an employee with health problems who has missed a lot of work, a pregnant employee who will need leave after her child’s birth. These employers assume that if the employee accepts a severance package and signs a release, the matter is closed. The case of 
In my occasional series on extraordinary employee misconduct, I was both shocked and amused by a case involving a trooper who was fired after he hit on a female motorist after arresting her! While he was on a last chance agreement for (wait for it…) hitting on 
Whether you are looking out your window at the wonder of snow or trying to prognosticate when it will hit, one thing is for sure. If you are in a state with mandatory sick leave, employees may be invoking their right to no-questions-asked leave when you otherwise prohibit any excuses. Such “no excuse” policies are common during snow events at businesses that must provide service – hospitals, property management companies, no-stop assembly lines. Think patients to be cared for, sidewalks to be cleared, machines that will seize without humans.