Employment Law Forum FAQ3

BONUS COMMENTS:

Work related disputes are confusing because non-lawyers know little about what laws apply to specific problems, how litigation works, nor do they know where to turn for help in resolving situations.

Up to the point where people need to address a specific problem, they typically have digested snippets of information related to workplace disputes [e.g., news stories, talk with friends or coworkers, reading postings at the workplace, gossip, rumors, or the ubiquitous "they"]. While people suspect a law might cover a workplace "wrong," they have no clue on how or where to start the problem solving process. Considering the complexity of employment law, people cannot be faulted for their lack of understanding or feelings of helplessness.

In a nutshell, employment law is complex because there are many laws, rules, and regulations that address specific workplace problems. So voluminous are the bound books containing these laws that such could take up an entire living room wall in your house [or nowadays 5 CD-ROM media].

Besides the mass of papers that say "these are the rules," dispute resolution has to take into account in what forum problem solving will take place. Judicial, administrative, and private dispute resolution systems are massive and confusing. And to make matters worse, the forum one chooses [or is forced] to resolve a dispute can drastically affect the outcome of a case.

Here's a small list of places where one might end up during the dispute resolution process

-- U. S. District Court [the federal trial court].

-- Superior Court [in California this is the trial court].

-- Appellate Court [to appeal an unsatisfactory federal or state trial court result].

-- Administrative Agencies - Too numerous to mention. These agencies are responsible for enforcing employment laws or regulations. For example:

To pursue a wage claim, you might appear at the California Labor Commissioner's office;

To pursue a claim for unemployment you might appear at the Employment Development Department;

To pursue workplace injuries you might appear at the WCAB [Workers' Compensation Appeals Board];

To pursue a discrimination claim, in California you first have to file a Charge of Discrimination at the Department of Fair Employment & Housing, even if at some later time you can opt to sue in civil court. This is called "exhausting your administrative remedies."

-- Alternative Dispute Resolution [ADR] - These are mechanisms [private and government sponsored] that provide alternative means, other than the courts, to resolve employment disputes. You may have heard of ADR referred to as "arbitration," mediation," or some catchy name. Legislatures and the courts look favorable at, and uphold, submission of disputes to ADR programs. There's a lot more ADR, which will be explained elsewhere; for now, just understand that ADR has become more prevalent as a means to resolve employment disputes.

PREVIOUS PAGE | HOME PAGE | MAIN INDEX