What is a individually-negotiated employment agreement
3 posters
Page 1 of 1
What is a individually-negotiated employment agreement
What is the difference between an individually-negotiated employment agreement and a employer negotiated employment agreement?
shnapper18- Posts : 3
Join date : 2008-09-05
Re: What is a individually-negotiated employment agreement
It has to do with the arbitrator s fees. Under the AAA Rules, allocation of AAA fees in employment disputes depends upon whether the employment agreement is "individually negotiated" or "employer-promulgated." Where an employment agreement is "employer-promulgated," the employer pays all arbitration fees, although the arbitrator may reallocate payment of the fees if the arbitrator determines that a claim "was filed for purposes of harassment or is patently frivolous."
Where an employment agreement is "individually negotiated," arbitration fees are subject to allocation by the arbitrator in the award, unless the parties agree otherwise. The AAA Rules permit the AAA to "require deposits in advance of any hearings such sums of money as it deems necessary to cover the expenses of the arbitration, including the arbitrator's fee, and shall render an accounting and return any unexpended balance at the conclusion of the case."
The AAA Rules also provide that "(a]ny questions or disagreements about whether a matter arises out of an employer-promulgated plan or an individually-negotiated agreement or contract shall be determined by the AAA and its determination shall be final.
JoeC
Where an employment agreement is "individually negotiated," arbitration fees are subject to allocation by the arbitrator in the award, unless the parties agree otherwise. The AAA Rules permit the AAA to "require deposits in advance of any hearings such sums of money as it deems necessary to cover the expenses of the arbitration, including the arbitrator's fee, and shall render an accounting and return any unexpended balance at the conclusion of the case."
The AAA Rules also provide that "(a]ny questions or disagreements about whether a matter arises out of an employer-promulgated plan or an individually-negotiated agreement or contract shall be determined by the AAA and its determination shall be final.
JoeC
JoeC (McGruff)- Admin
- Posts : 705
Join date : 2008-08-31
Location : Seattle Wa
What's the difference.
How do you know if you have one or the other?
shnapper18- Posts : 3
Join date : 2008-09-05
Re: What is a individually-negotiated employment agreement
It should be in the employment agreement. I am going to go out on limb since there is no union,and say the agreement is "employer-promulgated". The arbitrator will figure it out, is the question in the P.D.F? If the arbitration agreement is imposed "that is sign before we hire" then it is employer promulgated. If their was negotiations then it is an individual employment agreement. The fee agreement and procedure is the important part which should be clearly stipulated in the agreement you signed.
JoeC
JoeC
JoeC (McGruff)- Admin
- Posts : 705
Join date : 2008-08-31
Location : Seattle Wa
Re: What is a individually-negotiated employment agreement
One more caveat here. If you need a document that forms an "agreement" between you and your employer, unless it is only about one or two relativley minor issues.....YOU NEED A UNION.
Similar topics
» WV Non-compete agreement
» Proposed Restatement of Employment Law.
» The worst employment law websites on the Internet.
» what, if any, laws apply to employment verification
» UNJUST DISSMISSAL?EMPLOYMENT AT WILL? Massachusetts
» Proposed Restatement of Employment Law.
» The worst employment law websites on the Internet.
» what, if any, laws apply to employment verification
» UNJUST DISSMISSAL?EMPLOYMENT AT WILL? Massachusetts
Page 1 of 1
Permissions in this forum:
You cannot reply to topics in this forum
|
|