Ways of Effectively Handling an Employment Dispute in Chicago IL – by Brian James
When employers and employees confront a legal issue, one or both of the parties may believe that a drawn-out court battle is the only way to resolve the employment dispute in Chicago Illinois. However, this is not the case. At an increasingly greater rate, employment disputes in Chicago Illinois are resolved through the non-adversarial process of mediation. Some possible outcomes of employment mediation include:
Change in Policy
Employment disputes are usually inherently imbalanced. Employees fear that they will lose their job if they report a problem. Even though there are laws that protect employees from retaliation in certain instances, this may not prevent an adverse employment decision from occurring only to leave the employee with the burden of fighting for his or her rights. Employers that fully embrace the process of mediation are often able to identify problems and work out new solutions. Sometimes the solution is to modify a policy in order to avoid similar problems from occurring in the future with other employees.
Change in Position
Employees who feel that they are being discriminated against or who have interpersonal issues with other team members may agree to a lateral transfer of their position. Sometimes a shift change or assignment change can provide the desired solution for both the employee and employer. In cases involving wage and hour claims, reclassifying a salaried employee to a non-salaried position or an independent contractor to an employee may be required for the employer to be compliant with relevant state and federal laws.
Depending on the nature of the conflict, both parties may agree that the best resolution is for the employment relationship to end. In these situations, mediation can help the parties agree to a severance package that will provide greater security for the employee while protecting the employer’s legal interests.