Employment arbitration preparation requires comprehensive collection of employment documentation, thorough witness preparation, careful legal strategy, and systematic evidence organization. Whether you are an employer defending against claims or an employee asserting rights, this comprehensive checklist covers every aspect of employment arbitration preparation. From initial case assessment through legal representation, employment documentation collection, workplace communications gathering, financial records compilation, witness identification and preparation, arbitrator selection, procedural requirements, discovery preparation, evidence organization, pre-hearing tasks, hearing day procedures, and post-hearing activities, this guide ensures you are fully prepared for employment arbitration.
This detailed checklist walks you through initial case assessment and legal analysis, legal representation and team assembly, comprehensive employment documentation collection, workplace communications gathering, financial and compensation records compilation, witness identification and thorough preparation, arbitrator selection and appointment, procedural requirements and rule compliance, discovery preparation and document exchange, evidence organization and exhibit preparation, pre-hearing preparation at various stages, hearing day execution, and post-hearing activities. Each phase addresses specific preparation needs, ensuring your employment arbitration proceeds efficiently and effectively.
The initial case assessment establishes the foundation for your employment arbitration strategy. Review the employment contract and arbitration clause to understand scope and requirements. Identify applicable employment laws and regulations that govern your dispute. Determine whether your claim is covered by the arbitration agreement.
Assess statute of limitations for employment claims to ensure timely action. Evaluate potential damages and remedies available under applicable law. Review company arbitration policies and procedures. Identify all parties including employer, employee, and any third parties. Assess confidentiality and privacy requirements that may apply.
Review collective bargaining agreement if union is involved. Determine if class action waiver applies to your situation. This comprehensive initial assessment informs all subsequent preparation decisions and strategy development.
Assembling the right legal team is critical to employment arbitration success. Retain an employment law attorney with specific arbitration experience. Assess need for specialized employment law expertise in areas like discrimination, wage and hour, or wrongful termination. Consider retaining labor law specialist if union is involved.
Engage employment law expert witnesses if your case requires specialized knowledge. Identify and retain damages calculation experts for compensation claims. Assemble your internal team including HR personnel and management representatives. Establish attorney-client privilege protocols to protect communications.
Set up secure communication channels for sensitive information. Establish document retention and preservation policies. Create budget and cost tracking system. A well-coordinated team ensures efficient preparation and effective case presentation.
Comprehensive employment documentation forms the foundation of your case. Collect employment contract and offer letter that established the relationship. Gather all employment agreements and amendments. Collect employee handbook and policies that governed the employment relationship.
Gather job descriptions and position requirements. Collect performance evaluations and reviews that document performance history. Gather disciplinary records and warnings that show progressive discipline. Collect attendance records and time sheets. Gather payroll records and compensation documentation.
Collect benefits documentation and enrollment forms. Gather training records and certifications. Collect promotion and transfer documentation. Gather resignation or termination letters. Collect exit interview documentation. Gather severance agreements if applicable. Collect non-compete and confidentiality agreements. Complete employment documentation provides comprehensive picture of the employment relationship.
Workplace communications often contain critical evidence. Collect all emails between employee and management. Gather text messages and instant messages if relevant to the dispute. Collect meeting notes and minutes that document discussions and decisions.
Gather written complaints and responses. Collect witness statements from coworkers who observed relevant events. Gather HR investigation reports and findings. Collect supervisor notes and observations. Gather performance improvement plans. Collect workplace incident reports. Gather accommodation requests and responses. Workplace communications provide context and evidence of interactions and decisions.
Financial records are essential for damages calculations. Collect salary and wage history throughout employment. Gather bonus and commission records. Collect overtime records and calculations. Gather expense reimbursement records.
Collect stock option and equity documentation. Gather retirement plan contributions and records. Collect health insurance and benefits costs. Gather tax documents and W-2 forms. Collect unemployment compensation records. Gather workers compensation records if applicable. Complete financial documentation enables accurate damages calculations.
Witness preparation is critical to employment arbitration success. Identify all potential fact witnesses who have relevant knowledge. Identify supervisors and managers involved in relevant decisions. Identify HR personnel involved in the matter. Identify coworkers who witnessed relevant events.
Identify expert witnesses if your case requires specialized knowledge. Conduct witness interviews and assessments to understand their testimony. Prepare witness statements and declarations. Conduct witness preparation sessions to ensure readiness. Review documents with witnesses. Prepare witnesses for cross-examination. Confirm witness availability for hearing. Arrange witness travel and accommodations if needed. Well-prepared witnesses provide clear, credible testimony.
Arbitrator selection significantly impacts employment arbitration outcome. Review arbitrator qualifications in employment law. Research arbitrator experience with employment disputes. Check arbitrator availability and conflicts of interest. Review arbitrator fee structures.
Prepare arbitrator selection strategy. Submit arbitrator nominations. Participate in arbitrator selection process. Review opposing party arbitrator nominations. Confirm arbitrator appointment. Execute arbitrator engagement agreement. The right arbitrator brings employment law expertise and fairness to the process.
Compliance with procedural requirements ensures smooth process. File demand for arbitration or notice of arbitration. Serve arbitration notice on all parties. Respond to arbitration demand if you are respondent. File counterclaims if applicable.
Participate in preliminary conference. Agree on procedural rules and timeline. Establish discovery parameters. Agree on document production protocols. Establish confidentiality orders for sensitive employment information. Set hearing dates and location. Agree on hearing format and procedures. File required administrative fees. Following procedures prevents delays and ensures fair process.
Thorough discovery preparation strengthens your position. Prepare initial document disclosure. Respond to document requests completely. Prepare document requests for opposing party. Review documents produced by opposing party carefully.
Prepare interrogatories if permitted. Respond to interrogatories accurately. Prepare requests for admission if permitted. Respond to requests for admission appropriately. Prepare expert witness reports if needed. Review opposing party expert reports. Complete discovery ensures you have all necessary information.
Systematic evidence organization enables effective presentation. Organize all documents chronologically. Create comprehensive document index. Number and label all exhibits consistently. Prepare exhibit binders for arbitrator and parties.
Create timeline of employment relationship. Organize damages calculations with supporting documents. Prepare demonstrative exhibits if helpful. Create privilege log for protected documents. Establish secure document repository. Back up all documents in multiple locations. Well-organized evidence presents your case clearly and persuasively.
Pre-hearing preparation at 30 days, one week, and day before ensures readiness. Finalize witness list and confirm availability. Finalize exhibit lists. Complete final witness preparation. Review and finalize opening statement. Prepare cross-examination outlines. Draft closing argument outline.
Confirm hearing location and logistics. Arrange travel and accommodations. Reserve hearing room and equipment. Conduct final team meeting. Review all key documents. Finalize presentation materials. Organize all materials. Final preparation ensures smooth hearing execution.
Hearing day execution requires organization and professionalism. Arrive early at hearing location. Set up workspace and organize materials. Test all equipment. Confirm all witnesses present. Review opening statement. Have all exhibits accessible.
Maintain professional demeanor throughout. Take detailed notes. Present evidence clearly and systematically. Professional execution maximizes your chances of success.
Post-hearing activities complete the arbitration process. Submit post-hearing briefs if required. Respond to opposing party submissions. Monitor arbitrator for requests. Prepare for potential award. Review award enforcement options. Archive all case documents. Review and pay outstanding fees. Post-hearing activities ensure proper case closure.
Throughout your employment arbitration preparation, keep these essential practices in mind:
Employment arbitration preparation requires comprehensive planning, systematic organization, thorough document collection, and careful execution. By following this detailed checklist, conducting initial case assessment, assembling your legal team, collecting employment documentation comprehensively, gathering workplace communications, compiling financial records, preparing witnesses thoroughly, selecting appropriate arbitrators, complying with procedural requirements, preparing discovery, organizing evidence systematically, completing pre-hearing tasks, executing hearing day procedures, and managing post-hearing activities, you will be fully prepared for employment arbitration. Remember that thorough preparation improves outcomes, ensures compliance with employment laws, reduces surprises, and maximizes your chances of achieving favorable results in workplace disputes.
For more dispute resolution resources, explore our commercial arbitration preparation checklist, our consumer arbitration preparation guide, our arbitration hearing preparation checklist, and our mediation session preparation guide.