Analysis of Johansens Scope of Proceeding with the Claim Either at Arbitration - Case Study Example

(Assignment) Employment Law During the last two decades United s passed several employment laws with the intent to preserve employee rights and mitigate job discrimination. The given case of Jill Johansen reflects how an employee could be deceived by the surreptitious terms of a job contract. Johansen signed a written contract of $90,000 per year for five years at ‘Momma Mia’ and this contract contained an “arbitration mediations” clause. After two months of employment, she finds that she should dispose of some additional duties also which had not been mentioned in the signed contract. Subsequently, she files a suit against the company for deception.  It is stated that the contract contains an arbitration mediation clause which demands Johansen ‘to complete the process if there is a contract dispute and the results will be caused to waive her future rights in federal and state court to contest any employment violations’. Although the company can justify its employment termination on the strength of this clause, obviously the firm has violated the legal norms of the employment regulations.

The case indicates that the employer has breached the terms of the contract as well. She can argue that the employer’s demand of being the key member of a client escort service was out of the terms of the written contract. She can claim compensation for her termination from the job. Since she has worked for two months for the company, she has the right to get remuneration for that period. In addition, she lost two months of her carrier term and that loss cannot be measured. Moreover, she can strongly claim that the company intended to take undue advantage of her potential by making such a contract; therefore the contract seems void. If I were an arbitrator, I will seek the possibility of redesigning the contract by making adequate changes in its provisions.

The arbitrator must persuade both parties to involve in proper negotiation activities. I would suggest Johansen continue the contract by making an adequate increase in the contract price of $90,000.00. Similarly, he/she can be advised to continue the same contract by reducing the period of the contract. No other alternatives can be suggested to Johansen since she is the aggrieved party of the case. From the perspective of a Federal Judge, Johansen’s employment rights have been violated and therefore the verdict should go in favor of her.

To ensure justice, and transparency of the decision, the Judge has to impose disciplinary actions against the firm for its unlawful actions. The Judge would ask the employer to compensate Johansen’s loss and allow her to continue the job if she wished to do so.