Part 6: Arbitration – Closing Statement from Employee’s Attorney

Part 6: Arbitration – Closing Statement from Employee’s Attorney

Posted by


Arbitrator Swift, after listening to all the witnesses, reviewing all the evidence and listening to the employer’s opening and closing statements today It is clear that the employer violated its own policy that prohibits discrimination in the workplace I say this for three basic reasons First Pat was an excellent employee who was going through a divorce and he made a poor decision to throw a computer. Yet his action was not motivated by malice or blatant disregard for the rules He was suffering from serious depression and his difficult divorce in tandem with the never ending pressure at work caused him to mentally snap Prior to the incident his supervisor had full knowledge of his depression and anxiety disorder But she did nothing to accommodate his disabilities in fact she did quite the opposite She purposely added more pressure to his life, and this made his depression and anxiety worse Second Pat understands that his actions were unacceptable and that he must keep his frustration and check in the future. He has continued to work with his therapist and to take his medication He is ready to return to work Third, we asked the arbitrator to review the arbitration decision Jones number nine. In that decision the arbitrator looked at not just the inappropriate action of the employee, but also the excellent work record of the employee and determined that there were insufficient grounds for termination we respectfully request that you find the same as the arbitrator in Jones number nine In that case, like in this case, the employee made a mistake because of serious depression and she was given a second chance My client deserves a second chance too Thank you

Leave a Reply

Your email address will not be published. Required fields are marked *