The third and final episode in the podcast mini-series - Termination Done Right - covers additional steps for employers to consider taking to minimize the damage in the event there is litigation over a termination decision. Steps include:
1. Arbitration: In arbitration, parties agree to allow a neutral arbitrator to serve as both judge and jury and decide their dispute instead of going to court. Courts generally enforce arbitration agreements between employers and employees but there are pros and cons for employers to consider, including:
Major Arbitration Providers include:
2. Jury Waivers: Jury trial waivers require employees to waive their right to have a jury decide their employment claims; a judge decides the case instead.
3. Class Action Waivers: Class action waivers limit employees to bringing only claims on their own behalf rather than joining a class action.
4. EPLI Coverage: Employment practices liability insurance, known as EPL insurance or EPLI, provides coverage to employers against claims made by employees alleging certain employment related claims.
Comments or questions: Contact Mark Chumley at firstname.lastname@example.org or visit www.kmklaw.com
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