AboutTimmy Chou Expertise I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".
i work in adult day care facility which is under omh office of mental health but is a private agnecy
was hired for afternnoon ahrd shift, asked for ez overninte lower pay shift form inception, after working 4 monthes on day shift was given overnite
worke d on for 6 monthes
was told i ahd to go back to aft shhif becuz other worker ahd asked for it beofre me - before i was aassigend to it 6 monthes prior_
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what r my rights in this case? the director says its the 'afternoon shift or nothing'
in new york
Answer Thank you for your question.
Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.
The case you describe here is far too typical and can be considered a "classic" workplace dispute presentation. I am not a lawyer and cannot mediate this with you alone but I can respond to your question from my business consulting experience.
Note that this issue may have legal ramifications and you may wish to consult a labor attorney.
This issue will turn on the language in your employment contract. If you have a contract that specifies the rules concerning shift assignments, seniority, changes to pay grades and duties, etc. you must use these procedures to manage your case. Usually you will have to agree to the rules when you take employment.
If you are unionized, consult your union representative.
If you have no specific contract, you may be subject to "right to work" rules, which pretty much allow the employer to control the workplace as they see fit.
I am not a HR expert, but these are some ideas. Feel free to follow up with additional questions.
For your information, the pros and cons of the types of dispute resolution methods follows.
GOOD LUCK!
Arbitration, Mediation, and Litigation
Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system
Benefits of Arbitration:
Confidential, no public record
Limited exchange of documentation, information
Quick, don't have to wait for a court date
Arbitrators have expertise in the subject matter and are trained in conflict resolution
Cheaper than litigation
Preserves business relationships
Negatives of Arbitration
It's a compromise, no %100 winner
Complex arbitration can be costly
If not satisfied, may litigate the arbitration procedure
Poor results with an unskilled arbitrator
Both parties must agree to cooperate in the process
Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.
Benefits of Mediation:
Neutral mediator can objectively suggest alternatives not considered before
Parties are directly engaged in negotiating the settlement
Can be quicker than litigation
Less costly than litigation
Preserves business relationships
85% of American Arbitration Association cases mediated find successful solutions
Negatives of Mediation
may not reach a binding decision
unskilled mediator
Litigation: using the judicial system to resolve disputes
Benefits of litigation:
a clear winner and loser
uses a prescribed set of procedures
more predictable outcomes
is final
Negatives of Litigation:
waiting for court dates can do more harm
usually more expensive than mediation and arbitration
part of the public record
