Expert: Timmy Chou - 1/11/2006

Question
i was terminate dform my employ as a driver of disabled adults due to   appearing droopy eyed or  as they claim dozing  off  a little while stationary not moving .

i want to know if an employer has to first try and amelior8  a worker's  conduct   in accordance with the  ada ?
since  becuz of newly diagnosed narcolepsy i ahve this problem and can solve it with meds
so  could i quailify for damges reinst8ment? and treble punitive and exemplary damages ?
they told me this is the reason y iu was fired
should i get this in writn so they cant qualify it and change this reason later? i am 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.

The rules on how you can be dealt with will depend on what kind of relationship you have with your employer.  If you are in a union there are union rules to follow and you cannot be just fired without a proccedure.  If you have an employment agreement you have a template for the rules.  If you are in a right-to-work state, an employer can basically do whatever he wants and you have few options.

If you feel you have been wronged you may have a case and wish to sue, but you will have to finance the costs of lawsuit out of your pocket.  

Many states have assistance at the department of labor office.  You can try to call them and ask for an appointment.

It will be very difficult to recommend any specfics as I would have to know alot more about the landscape overall before I could give you an accurate idea.  

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