TX LEGAL EDGE

Alternative Dispute Resolution

59

Arbitration or Lawsuit – Employment Disputes – Where Will Your Business Be?

Carol Keough June 20, 2013

The business owner can often make the choice between arbitration or lawsuit.  Where do you want to be if there is a dispute with one of your employees?  In litigating employment cases, I have stood before a jury of twelve people and watched their reaction to the story of an employee who was allegedly terminated… Continue Reading »

44

Fired Employee loses to Employer on Arbitration Clause

Carol Keough April 2, 2013

Gary Klein worked as a floor hand on a drilling rig for Nabors Drilling USA L.P. (Nabors).  Nabors asked him to sign an acknowledgment, as a condition of his employment, that he would agree to bring all disputes through the Nabors Dispute Resolution Program (Program).  At some point Nabors fired Mr. Klein.  Believing that he was fired… Continue Reading »

62

Employee Waiver of Class Actions in Arbitration Agreements

Carol Keough February 12, 2013

On February 4, 2013, the Fifth Circuit heard argument on whether the National Labor Relations Board (NLRB) correctly ruled on January 6, 2012,   that D.R. Horton violated the National Labor Relations Act (NLRA) by maintaining a mandatory arbitration agreement which waived the rights of its employees to participate in collective or class actions.   D.R…. Continue Reading »

54

In-House Counsel’s Use of Mediation for Workplace Disputes

Carol Keough January 21, 2013

Mediation is often thought of only as an effective resolution to settling lawsuits.  However, this is only one use for mediation and every day there is potential alternative dispute resolution scenarios in the workplace when there are disputes between employees, between supervisors and employees, between upper management and lower or middle management.  How many times… Continue Reading »

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