Severance Case Rulings
Description
Read the two additions to the Severance Case provided below and write a 3 page paper that answers the questions posed after each addition:
Carson is no longer an employee of FGH Tech, Ltd. and works for another company on the East Coast, far from the arbitration hearing. He is unable to take time off of his new job to travel to the hearing site and testify. The company asserts that Carson’s testimony is crucial and has requested permission to present Carson’s testimony by Skype or telephone. Whitney has objected and asserts that if he does not appear live, he should not be able to testify.
• Do you grant the company’s motion? Why or why not?
• If you grant the motion, what conditions do you place on the presentation of the testimony in the manner requested by the company?
• The company’s attorney requests that the Skype take place in his conference room, which is very close to the hearing room. How do you respond?
• Write a paragraph explaining your ruling in this instance.
A central issue in the case is the separation agreement, and if it is valid even though the company did not sign it. A witness is testifying about the protocol she learned at the company regarding separation agreements.
After her testimony, Whitney’s attorney asked the following questions:
•
Q: Are you aware of any additional information concerning the company’s policy for obtaining signatures on its Separation Agreements with former employees?
A: Yes, I attended a training on Separation Agreements at the company.
Q: And who conducted that training?
A: The company’s legal officer.
Q: And what did the company’s legal officer tell you about obtaining signatures on Separation Agreements?
At this point the opposing counsel objected, stating, Objection. The question seeks to obtain the advice of counsel and the conversation is protected by the attorney-client privilege.
For part two of the assignment, respond to the following:
• Is there additional information that you want to have before making your ruling?
• What is this information and why is it relevant?
• Frame questions you might ask the objecting counsel regarding his objection.
• How would you rule and why?
Be sure to check your work and correct any spelling or grammatical errors before you post it. You must include at least 3 citations that support your work.
A model answer must contain the following:
1. Paper must be no less or more than 3 pages, double spaced
2. Clear description of additional information you might need and why it is relevant.
3. Concise description of questions you might ask objecting counsel.
4. Clear description of your ruling and rationale.
5. Correct grammar, spelling, and punctuation
6. Use of 3 citations
Resources
• Required:
• Goodman, A. H. (2004). Basic skills for the new arbitrator (2nd ed.). Rockville, MD: Solomon Publications.
• Witness Testimony and Closing Arguments
• Mediators Without Borders. (n.d.). Phase Two Stage 3 Survey.
Severance pay dispute PDF attached
