All employers and employees have rights in the workplace. However, the landscape of employment law is ever-changing. Our Orlando employment litigation lawyers help clients navigate a wide variety of employment issues, providing cost-effective advice and guidance tailored to suit their specific needs.
Working with both employees and employers, our experience built over 40 years means we understand how stressful conflicts in the workplace can be for all parties. As a result, we fully immerse ourselves in every case we manage while providing clear and straightforward advice with minimum legal jargon.
Internal Grievance, Mediation, Arbitration, or Litigation — Which Is Best for You?
When disputes arise in the workplace, there are several processes the parties involved can choose from to resolve their disagreements. Broadly speaking, options for resolving a dispute or discrimination action can be:
- Through internal grievance and disciplinary procedures
- Using alternative dispute resolution (ADR) methods such as mediation or arbitration
- By filing a lawsuit in court (litigation)
It can be challenging to understand which process is the best for your situation, so we have prepared an overview of each option below. If you want to know more, our employment law attorneys can help you understand each method in detail and provide guidance about which process is most appropriate for your Orlando-area case.
Internal Grievance and Disciplinary Procedures
Disciplinary issues typically involve an allegation of misconduct against an employee, for example, where an employee is underperforming or their conduct has been inappropriate.
On the other hand, workplace grievances involve a complaint or concern raised by an employee about a workplace issue. Typical examples can include matters concerning discrimination, work conditions, or pay and benefits.
However, internal grievance procedures are not always an appropriate solution (if the issue is serious, such as sexual assault or whistleblowing, for example). In this instance (or if the problem cannot be resolved internally), our Orlando employment litigation lawyers can assist you with alternative forms of resolution to help both parties reach an agreement, highlighted below.
Arbitration
Arbitration is an out-of-court method for resolving workplace disputes that is generally faster, less expensive, and more confidential than going to court. The process takes place in front of a neutral decision-maker, called an arbitrator, who will listen to each side and make a decision about the case.
All filings during the process are private between the parties, as is the arbitrators’ decision. As workplace disputes often involve sensitive matters that could reflect poorly on a company’s reputation, arbitration can be a suitable resolution method for an employer to keep the issue out of public focus.
In contrast, employees may see the publicity of a trial in open court as a strategic advantage. However, the decision to go to court must be tempered against other factors, such as cost, time, and which procedure is most suitable for your circumstances.
Mediation
As with arbitration, mediation is designed to help both parties reach an agreement to a workplace dispute outside of court proceedings. This method works much the same way as arbitration, except the neutral party – the mediator – does not issue a decision nor impose any outcome or settlement at the end of the process.
Instead, a mediator will facilitate the discussion to help both parties reach a fair agreement. The decision and power rest with both parties who decide an outcome collaboratively under the mediator’s guidance.
The advantages of mediation over litigation are obvious elements such as cost and time saved. However, other benefits include less stress for all participants and the possibility of repairing relationships where the employment is continuing.
Again, depending on the circumstances, mediation may not always be a suitable option in some situations. Examples can include cases involving discrimination, whistle-blowing, or where an allegation requires a formal investigation.
Litigation
Litigation is a process used for solving employment conflict through the court system. If a matter cannot be resolved internally or through ADR, you may seek resolution through litigation. The process can be used to solve workplace disputes involving violations or breeches in:
- State and federal labor laws
- Civil rights law
- Employment law
Keep in mind that there is limited time to file a lawsuit, which will vary depending on your situation. For example, per the U.S. Equal Employment Opportunity Commission (EEOC), plaintiffs have as little as 180 days to file a charge in discrimination cases; however, the deadline can be extended in some circumstances.
If you are unsure which course of action is best for you, our lawyers will work with you to help you understand your situation in detail and provide guidance about your legal options.
To consult with an experienced employment litigation lawyer serving Orlando
855-780-9986
Workplace Disputes We Can Help You with as an Employee or an Employer
When conflicts in the workplace arise, it can affect employee morale and be draining on your business, both financially and operationally. Along with keeping you up to date with the latest legislation as an employee or employer, we can help you address disputes involving:
- Breach of contract
- Discrimination based on religion, age, sex, disability, race, marital status, color, pregnancy, veteran status, genetic information, national origin, or citizenship status
- Whistleblowing and retaliation
- Workplace harassment
- Wrongful termination
- Violations of non-disclosure and non-competition agreements
- Violation of wage and hour laws, including purported class actions
Whatever the nature of the dispute, choosing the right approach to arrive at an agreement or resolution is essential. Our employment attorneys can help you determine an appropriate course of action and guide you through the process, be it through ADR or litigation.
We Pride Ourselves on Providing Exceptional Service for Our Clients
The employment lawyers at Bogin, Munns & Munns are prepared to help you in effectively resolving a wide variety of disputes, both inside and outside of court. Our dedication to legal excellence means we are always up to date on constantly evolving state and federal labor laws, employment law, and civil rights law.
To learn more about how we can help, contact our legal team at 407-578-9696 to schedule an appointment.
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