Case Three Big Brain Solutions Big Brain Solutions is a Colo

Case Three: Big Brain Solutions Big Brain Solutions is a Colossal subsidiary in the consulting industry, located in Silicon Valley. Early in 2014, Liz Bennett and Ralph Nickleby each applied to become administrative assistants at Big Brain Solutions. After successfully completing the interview process, both were hired and asked to sign contracts that contained the following provision: \"If there is any dispute as to employment practices or employee/employer actions, this dispute will be decided via binding arbitration.\" Both Liz and Ralph signed their contracts after being given ample time to review them and to consult an attorney if they wished to do so. Several months after he was hired, Ralph became addicted to cocaine. Around the same time, Liz became pregnant with her first child. When Liz experienced complications during her pregnancy, Big Brain initially agreed to grant her medical leave; but shortly thereafter, the company informed Liz that her position had been eliminated due to a \"reorganization.\" Fearing that Ralph might have trouble picking up the slack for the recently released Liz, Big Brain asked him to take a surprise drug test. Ralph was confused and alarmed and refused to take the test. Big Brain informed him that he was fired because of his refusal to take the test. Liz decided to file a lawsuit in state court under the state and federal Family and Medical Leave Acts, which guarantee pregnant women a set number of weeks off for pregnancy. Ralph, on the other hand, submitted his case to an arbitrator. Your task is to determine whether either Liz or Ralph\'s grievances could be heard by a court, and explain the reasons why or why not. Furthermore, you must determine what the likely outcomes will be if these cases are decided by an arbitrator. Communicate your findings to the vice president via memo. Questions 1. Can either Liz or Ralph\'s grievances be heard by a court? Why or why not? 2. What likely outcomes will be if these cases are decided by an arbitrator? 3. What general procedures or rules govern a typical arbitration proceeding? 4. Can a company force an employee to use arbitration (instead of a lawsuit) to settle an employment-related dispute because of a contract provision? 5. Are there times when an arbitration clause might be invalid or unenforceable against an employee? 6. What effect do claims based on specific federal or state laws have on arbitration provisions in employment contracts? 7. Based on the answers to the above questions and your review of the employment law material, what will the likely outcome be in Liz\'s case? In Ralph\'s?

Solution

1. Liz\'s grievances can be heard by court under the rights given to a pregnant woman at work. She cannot be fired on the reason of being pregnant. She has the right to get maternity leave and can file a case against the company if they refuse to give her the same or take an action against her for this reason.

Ralph\'s grievances can be heard by the court keeping certain considerations only. Employer can ask the employee to give the drug test if he has a genuine and strong reason to believe that the employee is on drugs use. Also he has reasons on how the use of drugs will effect the work he in doing as an employee.

2. If these cases are decided by an arbitrator Liz case will surely get a consideration as she has the rights of a pregnant woman at work which the employer had initially agreed her to give. Ralph\'s case will be considered depending on the clauses given by the employer and employee as mentioned above.

3. The general procedures and rules that govern a typical arbitration proceeding are:

- The parties can decide whether they want one or a panel of arbitrators who will decide their dispute.

- The ways through which the arbitrators can be selected.

- Rules are made for the timelines in which the arbitration has to be resolved or notices have to be provided.

- The evidences provided in arbitrations can be of a relaxed nature and may not be complexed like that of a litigation.

- Parties can maintain the secrecy of the records of the proceedings

4. The company can force an employee to use arbitration instead of lawsuit in the case if they have got it signed in the employment contract with the employees which includes employment arbitration agreement under which the employee cannot sue the employer under lawsuit if they get fired for unjust reasons.