Many employment lawyers in Orange County do not think that arbitration is good for employees in employment disputes. Arbitration may not be a neutral or unbiased process as it can tilt towards the employer from the beginning. Additionally, in employment relationships, the employer tends to have all of the bargaining power. Here are some reasons why employment lawyers Orange County may provide to show why arbitration may not work for you in your employment law dispute.
Arbitrators May Favor the Defendant
While an arbitrator may be dealing with you for the first time, he or she may have dealt with the employer in previous proceedings. He or she may base his or her opinion on past conduct and behavior of the defendant employer. If an employer has a favorable outcome with an arbitrator, the employer may hire the arbitrator again. This gives the arbitrator an incentive to rule on the employer’s behalf. Additionally, if an arbitrator chooses to rule on your behalf, he or she may not want to give a large award; doing so may cause the employer not to hire the arbitrator again.
State and federal judges typically issue their opinions in a public manner. Therefore, they know that they must base their opinions off of facts and legal considerations that will withstand an appeal. Arbitrators’ opinions are not generally published, so they do not have to worry about being scrutinized.
Lack of a Jury Trial and Other Rights
Employment attorneys Orange County can explain that plaintiffs lose several rights when they become part of the arbitration process. For example, civil cases tried in courtrooms in front of a judge tend to have liberal discovery processes. However, in arbitration, you may be restricted in the sorts of documents and information that you can get from the other side. Another disadvantage is that juries may be more sympathetic to plaintiffs, making the arbitrator less likely to rule on behalf of the plaintiff or to award a sizable verdict for the plaintiff.
If you would like assistance with your case, contact Daily Aljian LLP at 949-861-2524.