Employees who agree that they want an arbitrator to handle their
Recent case: Thomas Hilinski lost his job at Gordon Terminal for excessive absences. He asked an arbitrator to overturn the company’s decision and participated in the hearing. Then the arbitrator upheld the company decision.
Hilinski appealed, contending that he hadn’t given up his right to argue that some of his absences were for FMLA reasons. But the 3rd Circuit Court of Appeals disagreed. It reasoned that by not complaining earlier—and by accepting arbitration as a remedy—he waived the right to challenge arbitration or the arbitrator’s decision. (Hilinski v. Gordon Terminal Services Company, No. 06-2779, 3rd Cir., 2008)
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