medical leave retaliation / discrimination

I signed a form agreeing to go forward with Binding Arbitration in a grievance against my past employer. This was forwarded to the employer two months ago at which time I submitted a check requested for my portion of the Arbitration payment. The check has cleared the bank. I have not heard any word regarding the process. Is this normal? What kind of timeframe am I looking at? I assumed we would have selected an Arbitrator at this point. Any suggestions? I would appreciate any direction. Thank you.

2 answers  |  asked May 10, 2001 4:38 PM [EST]  |  applies to California

Answers (2)

Janet M. Koehn
FMLA

no it is not "normal". if you voluntarily requested arbitration, it is your duty to do everything necessary to prosecute your claim. medical leave questions are particularly tricky when it comes to the law and your proof. you need to consult with an attorney experienced in employment law. the fmla and the cfra are particular areas of expertise of mine. please call at 805-658-0655 for a telephone interview. janet m. koehn

posted by Janet M. Koehn  |  May 10, 2001 6:21 PM [EST]
Abraham Goldman
medical leave retaliation / discrimination

You mentioned "grievance"....is this a union contract matter? If so, you need to be on top of your union asap and always.

In any event, if you are trying to represent yourself, you have to be totally & completely firm and on top of all matters every step of the way, because when they see you trying to represent yourself, you will get pushed around, ignored or worse.

Call everyine involved every day until you get an answer, keep a log of the delays, and document it all in letters, fax's and/or emails.

If the delay goes on, you may have grounds to claim the arbitration has been waived & be able to take your case to court with a jury, where you want to be anyway.

Also, be very careful that any delay does not interfere with any applicable statute of limitations. Did you file with the DFEH and/or EEOC? Do you have a right to sue letter?

Feel free to email or call.

Abraham Goldman
agoldman@succeed.net
800 945 9446

posted by Abraham Goldman  |  May 10, 2001 5:21 PM [EST]

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