Becky Sharp and Sydney Carton applied to become administrative assistants for Gi
ID: 429371 • Letter: B
Question
Becky Sharp and Sydney Carton applied to become administrative assistants for Gizmo, Inc. (GI). After the interviewing process, both were hired and asked to sign contracts that contained the same provision: “If there is any dispute as to employment practiced or employee/employer actions, this dispute will be decided via binding arbitration.”
Both signed the contract after being given ample time to review it and to consult an attorney. Several months later, Sydney became addicted to cocaine, and Becky became pregnant with her first child. When Becky experienced complications during her pregnancy, GI initially agreed to grant her medical leave, but shortly thereafter the company informed Becky that her position had been eliminated due to a “reorganization.”
Fearing that Sydney might have trouble picking up the slack for the recently released Becky, GI asked him to take a surprise drug test. Sydney was confused and alarmed and refused to take the test. GI informed him that because of his refusal, he was fired. Becky decided to file a lawsuit in state court under the state and federal Family and Medical Leave Acts that guarantee pregnant women a set number of weeks off for pregnancy. Sydney, on the other hand, submitted his case to an arbitrator.
Will either of their grievances be heard in court? Why?
What will the results of each be?
Explanation / Answer
Will either of their grievances be heard in court? Why?
Both Becky abd Sydney sign an employment arbitration agreement and this means they agreed not to pursue any legal action against Gizmo, INC, (GI) in courty , instead any dispute should be settle through arbitration.
None of their griavance will be heard in court, Syndey submitted his case to an arbitrator so he will follow that process but not in court.
What will the results of each be?
In the case of Becky, her case will not be accepted on court, I would suggest her to start an arbitration process and she will have chances to receive a fair compensation.
In the case of Sydney his odds are not good because on the arbitration process he will be asked why he did not take the test and if he is willing to take it now, both roads lead to his addiction to drugs.
Related Questions
drjack9650@gmail.com
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.