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Mediating Wrongful Termination Cases

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Victoria Pynchon
Victoria Pynchon

From my Employment ADR course at the Straus Institute of Dispute Resolution, Spring 2007

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Mediating Wrongful Termination Cases with Focus on Interests © 2009 Victoria Pynchon ADR Services, Inc. Los Angeles California
Injustices that the law will rectify are dwarfed by the injustices it will not. We generally consider non-actionable injustices to be frivolous claims. The parties’ “interests” almost always include non-actionable injustices which mediation can address. Actionable injustices World of Injustice
Employment Injustices the Law Will Remedy ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],© 2009 Victoria Pynchon ADR Services, Inc. Los Angeles California
Improperly Motivated Terminations, Demotions, Reassignments, Etc. ,[object Object],[object Object],[object Object],[object Object],[object Object],© 2009 Victoria Pynchon ADR Services, Inc. Los Angeles California
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],© 2009 Victoria Pynchon ADR Services, Inc. Los Angeles California
[object Object],[object Object],[object Object]
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],© 2009 Victoria Pynchon ADR Services, Inc. Los Angeles California
[object Object],[object Object],[object Object],© 2009 Victoria Pynchon ADR Services, Inc. Los Angeles California
the greater hardship associated with job loss, the greater impact fairness judgments have on seeking redress
[object Object],[object Object],[object Object],[object Object]
Naming, Blaming and Claiming ,[object Object],[object Object],[object Object],[object Object]
[object Object]
[object Object],[object Object],[object Object],[object Object],[object Object]
[object Object],[object Object],[object Object]
[object Object],[object Object],[object Object]
Non-Monetary Offers of Assistance ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],We can’t afford a golden parachute but Stanley here is working on a nice paisley umbrella
Assistance with the Financial and Personal Crisis of Job Loss ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
You Didn’t Think We’d Ignore the Employer Did You? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
The Employer Seeks Fairness as Much as the Employee ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],Copyright 2006 Charles Fincher Scribble-in-Law at LawComix.com

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Mediating Wrongful Termination Cases

  • 1. Mediating Wrongful Termination Cases with Focus on Interests © 2009 Victoria Pynchon ADR Services, Inc. Los Angeles California
  • 2. Injustices that the law will rectify are dwarfed by the injustices it will not. We generally consider non-actionable injustices to be frivolous claims. The parties’ “interests” almost always include non-actionable injustices which mediation can address. Actionable injustices World of Injustice
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