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Essay / Research Paper Abstract
This 3 page paper looks at a case supplied by the student and discusses the issues. An employee feels they are being discriminated against and has a potentially string case under the Americans with Disabilities Act (ADA). However, they have signed a statement stating that they agree to use an arbitration system for the resolution of all disputes. It is not clear if this statement is part of the employment contract. The paper discusses whiter or not the employee would be able to take action through the courts.
Page Count:
3 pages (~225 words per page)
File: TS14_TEadacase.rtf
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Unformatted sample text from the term paper:
missed deadlines an has been given a 30% pay cut, due Susie being otherwise qualified and the failure being on the part of the employer to make reasonable accommodation there
ids a potential caser to be answered under the Americans with Disabilities Act (ADA). However, when stated Susie received an employee handbook that stated she would agree to follow
the practices that are outlined in the handbook, she was also asked to sign to say she received and agreed to the practices and would ask if she had any
queries, one of these practices was the use of arbitration and the statement that she accepted, as a condition of her employment, that she would use arbitrator and accept the
results as final and binding. Susie has signed this and still wants to take action under the ADA. The consideration is whether or not this is possible, as the statement
that Susie has signed states that this agreement forms part of her employment contract. If her contract is able to validly exclude her taking any action under the ADA then
she will not be able to seek recompense in this way. The statement signed tells her that it is part of her employment contract, and this is clear, she has
signed it. And as such it may be argued that as it is possible for additional documents other the contract is self to be deemed as part of the contract
of employment, that this has that impact. However, at the bottom of the document in small letters there is a disclaimer that states that nothing in the handbook and no
statement made within it is legally binding. This gives contradictory evidence; she has signed a statement that says the agreement is a part of her contact. However, this subsequent
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