AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I am a licensed attorney and Judge Pro Tempore who has conducted and been involved in hundreds of mediations and thousands of arbitrations. I can answer questions regarding settlement conferences, mediations or arbitrations. I do not give legal advice over the internet and it would be helpful to list your location such as country or state.
Experience I am a licensed attorney, Judge Pro Tempore and adjunct professor.
Experience in the area I have been a licensed attorney since 1989 and a Judge Pro Tempore since 2005. Additionally, I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics
Organizations State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question U.S.A. California- This is my origanil question but I wanted you to be up to date on my case. I had a union job the contract states that an employee may be on a personal medical leave up to 1 year before termination.This was me I finally got my doctors release to full duties 4 days before my year was up and had it imediently faxed to the plant. No reply came back to me so I went there personaly on the last day that would be my 1 year deadline. I was told by human resourses sorry Jim I sent your termination papers out in the mail today as I didnt think you were interested in the job anymore. She told me to file a grievance which I did now heres my question. I was told by the union pres. that the company attorny said they did not want me back and for me to submit a number of dollars that would add up to my lost wages and whatever else I felt I lost by not being employed. They would concider it before the arbitration date and possibly settle. I dont understand what the other losses are or could be that I may have encoured during this time and would like to be familarized with this subject before I reply. Can you do this or direct me to where I might learn more. I picked my number and gave it to my union Pres. and he is to forward it to the union attorney. I told him I would like a copy of any correspondence that they had. His reply was oh its no problem I just talk to him on the phone so there arent any copys.I just cant get over the unprofesionalism lack of care that he showed there. Also I was supposed to recieve a letter (certafied I would think) inviteing me to the arbitration at least a few weeks ago. All I have is word of mouth through someone he told to tell me. The arbitration is to take place Aug. 4th 2006 I havent heard a time yet. I understand he supposedly is going to call me tomorrow. I do have my documentation (Dr.'s realeases and such) stateing my facts about the termination. The union has a very good attorney and he says my case has merit and wants to do it. However I am begining to feel decieved or lied to. I cant go to arbitration with any confidence now as I dont know if we are prepared. Ok my question now is this since the union Pres. is chooseing to ignore my requests and is not provideing me with the proper info to pursue the arbitration can there be any legal repercussions against him after the arbitration is said and done? and if there is then could the arbitration be reopened and started again since I wasnt represented rite the 1st time? and I asked him if I could speak to the attorney on the phone, e-mail or fax his reply was "I cant even get him on the phone". So I guess he just leaves messeges on a machine and hopes my counsil gets them. Isnt it comon for the actual victim to correspond with the attorney? sorry for all the scattered questions but I dont know how else to ask
Answer Jim,
I am sorry to hear about your health and this situation. I strongly suggest you follow your instincts which lead you to believe there is nobody advocating for you.
The first thing I suggest you do is to hire an attorney.
The second item is to postpone the arbitration.
Third, you need to hire an economist to calculate your future lost earnings which includes your ability to get a new job and the income you will receive from your new job.
Most importantly, HIRE AN ATTORNEY. You need to be represented and have an advocate at the arbitration.
Usually contracted arbitrations are binding but it depends on the union agreement. Your attorney can help pick an arbitrator which will be fair and impartial. Also, many contacts make the arbitration binding and not appealable so it is important you have good representation.
