No Loss of Retirement for Off-duty Illegal Act

A former corrections officer arrested for distribution a pain killer should not be denied a disability retirement because of this off-duty wrongdoing, as per the Appellate Court in Coughlin v Board of Trustees, Police and Firemen’s Retirement System.  Here, the scope of the wrongdoing was limited—two tablets to a private individual in a private car in a commercial parking lot.  The connection of this off-duty illegal act to the pension requirements was improper.

Gabrielle L. Strich, Esq.

Call us with more questions at 732-438-3880 or visit our web site at www.strichlaw.com.

 

Disclaimer: Any and all information contained on this site is for informational purposes, and should not be utilized as a substitute for a full, in-person consultation with a lawyer in your State and familiar with your circumstances. Strich Law Firm, P.C.  assumes no responsibility for any information contained on this site, and disclaims all liability in respect of such information. In addition, no part of this site shall be deemed to form any contract between Strich Law Firm, P.C. , and anyone viewing this site.

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WHAT DOES AN ARBITRATION CLAUSE IN AN EMPLOYMENT AGREEMENT MEAN?

An arbitration clause in an employment agreement means that any employment dispute must be handled through arbitration rather the courts.  Case law has upheld such clauses as valid and binding. Most arbitrations are handled by one arbitrator, though there can be a panel of arbitrators, depending on the language in the arbitration clause.  The source of the arbitrators, such as American Arbitration Association, is usually spelled out in the arbitration clause.  Under AAA rules, both parties have to pay an initial fee for a list of arbitrators to be provided to the parties.

Arbitration is generally less formal and costly than the court process.  However, an arbitrator’s decision is binding, with very rare exceptions.  Parties are usually represented by attorneys in arbitration, but can choose to represent themselves.

Gabrielle L. Strich, Esq.

Call us with more questions at 732-438-3880 or visit our web site at www.strichlaw.com.

 

Disclaimer: Any and all information contained on this site is for informational purposes, and should not be utilized as a substitute for a full, in-person consultation with a lawyer in your State and familiar with your circumstances. Strich Law Firm, P.C.  assumes no responsibility for any information contained on this site, and disclaims all liability in respect of such information. In addition, no part of this site shall be deemed to form any contract between Strich Law Firm, P.C. , and anyone viewing this site.

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