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williamwardsandiego · 5 months

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Arbitration in Employment Contracts

Dispute resolution clauses are an important aspect of employment contracts today. These clauses often prescribe how disputes between parties to the agreement (the employer and the employee) should be resolved. They are important because they forestall the possibility of a dispute going to litigation. Also, they are less adversarial than litigation and are instrumental in helping both parties maintain a working relationship. Dispute resolution clauses are not one-size-fits-all clauses. This means that dispute resolution clauses will likely vary depending on the employment contract. This is in part because there are different dispute resolution mechanisms, which include arbitration, mediation, negotiation, and conciliation.

Employers are increasingly adopting arbitration as a more convenient and less confrontational dispute resolution mechanism than other methods. Arbitration serves as a good alternative to litigation in resolving employment conflicts. With arbitration, instead of taking disputes before a court of law or a judge, disputes are usually heard out of court by third-party arbitrators. These third-party arbitrators are often retired judges or lawyers. Sometimes, these arbitrators have specialized knowledge and experience in industries such as construction, engineering, or health care.

The employer and the employee begin the arbitration process by selecting an arbitrator to hear their disputes. After the parties have selected an arbitrator, they agree on a date to hear the disputes. The arbitrators hear the disputes brought before them, examine all evidence, and then announce their decision to both parties. The parties may be required to invite their witnesses, and the arbitrators might extend the hearing to allow both parties to tender all of their evidence. The decisions of the arbitrators are usually in writing, are legally binding on parties to the dispute, and they cannot be appealed.

The Federal Arbitration Act (FAA) provides that arbitration-related agreements are enforceable. The FAA specifically provides that courts are obligated to enforce arbitration agreements. Consequently, the U.S. Supreme Court ruled that the FAA has created a liberal policy that favors arbitration agreements. Similarly, in 2001, in the case of Circuit City Stores v. Adams, the Supreme Court noted that where parties agree to arbitrate employment disputes, such disputes are usually enforceable under the FAA. In addition, in 2018, in the case of Epic Sys. Corp. v. Lewis, the court further noted that employment agreements that require individual arbitration as opposed to collective arbitration can be enforced and are not contrary to an employee’s right to participate in protected concerted activity within the ambit of the National Labor Relations Act.

One notable feature of arbitration is that it is a form of dispute resolution that involves significant privacy and confidentiality. For instance, parties are obligated to keep the details of the arbitration away from the public. However, in instances where the arbitral award is challenged in a court of law, the details of such arbitration might be made public. However, some lawyers have noted that the confidentiality of an arbitration process might sometimes raise questions as to its efficacy in being an alternative to litigation. This is because litigation hearings are usually open to the public and do not give room for any form of secret intimidation. When dispute resolution hearings are done behind closed doors, there might be instances of silencing of claims, harassment, and discrimination.

#William Ward #Bill #La Jolla #San Diego

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centaurianthropology · 2 months

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Oh man, I think the Circle of the Crimson Mirror might just be MY Candela circle. I enjoyed the goofy schlock horror with the Circle of the Vassal and the Veil, and really enjoyed the amping up of horror in The Circle of Needle and Thread (though the horrors of war theming was not specifically for me, it was still well done). I haven’t gotten to watch the Circle of Tide and Bone because life happened, but from what I’ve heard it was very good.

But I was laughing out loud with glee for the first episode of the Circle of the Crimson Mirror. All these characters are delightful. The setting is fascinating (starting out OUTSIDE of Newfaire and expanding the world was really fun), the theming of Irish folklore horror gives a folk horror mixed with cosmic horror vibe that I’m really excited for. And Liam is just the sort of ruthless DM that is perfect for a horror game. Because for me, keeping your players wrapped up in the horror, making them at least a little genuinely afraid (after talking through Lines and Veils of course) in a fun and contained way IS the heart of playing a horror game. It’s the same as watching a horror movie, in that you WANT to be scared, that’s part of the enjoyment, but in a horror game the fun is having it happen to you.

And both folk horror and cosmic horror are some of my favorite subgenres, so this is hitting all my favorite sorts of horror. And because it’s me, see below for my much longer thoughts about this first episode and the characters. Because I’ve never found a topic I enjoy that I can’t write an essay about.

Liam comes for everyone straight out of the gate, doesn’t he? While I found the train cold open in chapter 2 exciting, I found this even more harrowing. With NPCs we barely know constantly imperiled, all the investigators are really sketched so clearly right off the bat with their actions rather than their more open explanations later. I love that all of them lean heavily into being out of their depth, even sometimes making poor choices because of it. The players are aware they are in a horror game. The characters are not.

So let’s talk about those characters:

MALCOLM TRILLS

Imari Williams was the player at the table I had no prior experience with, and I love what he’s doing here. He puts his whole body into acting out the scene, even at the table. Even before we know he was a Sole Survivor of a massacre during the war (and I found it deeply entertaining that Imari couldn’t help but dump his backstory all over the floor. Liam’s gently encouraging everyone to hold it back for dramatic moments, and Imari is just so excited he’s like “NO! HERE IT IS!” not once but twice in the very first episode), we knew that. Because Imari is clearly dedicated to acting that out through what Malcolm chooses to do. He believes in saving others, especially after losing his entire squad. He has to do it, even (or maybe especially) for those civilians he doesn’t know. His entire point in being in Candela is saving people. So when Liam dunks two unnamed sailors in the ocean, Malcolm goes in. His friends are horrified. They love and value him, and they value him more than two randos. But to him, the randos are the point. Saving people is the point. So no matter how many disappointed dad-lectures he gets from Leo (and this is clearly not the first one he’s gotten), Malcolm is always going to be this way. He’s always going to try to play the hero in a horror setting, which is such a delicious choice for a horror player to make. Everyone at that table knows how perilous it is, but Imari is fully committed, and I love it.

We already know a lot of his background, but there are things we don’t know. We don’t know his relationship with his family, or why Leo is so disdainful of the Trills as a group. There seems to be an implication that the Trills are old money in Newfaire, perhaps, or at least a legendary family for other reasons. And apparently reckless heroism is a family trait. But what does Malcolm do in his day-to-day? He’s the one we don’t have a career or life for back in Newfaire yet, and I am interested to see who he is when he’s not playing the hero for Candela.

LEO AMICUS

I love the description of “I’m going to lie a little and say ‘early forties’” as an explanation for Leo’s age. It tells me a lot about his character right off the bat. We know he’s older (but not how much) and that he doesn’t want to admit he’s older. There’s just a touch of vanity already there, and given that he’s also a man in a dressing gown on a ship in a severe storm, who thinks that his presence is deeply inappropriate? Who asks if there’s a bar on a tramp steamer? We know so much about Leo already, and I love it all. Taliesin plays a dandy so well, his table reactions are so expressive, and it’s so clear that a setting like this is NOT where Leo shines. He shines in social situations, in parties and bars and places where his charms mean something beyond keeping a crewmember calm long enough that she can be knocked unconscious. But he’s so great in being totally overwhelmed and being useless in an action sequence.

And once the storm is over? We find out that Leo is very much the mother hen of the group (probably the oldest member). He knows Malcolm well, and treats Grimoria like a beloved niece. We haven’t gotten a lot of interactions between him and Edgar, but I’m excited to see what their relationship is like, as the two more cautious members of the group.

It was in his interactions with the other members of the circle that I realized how much like family this circle is. They are VERY close, despite ostensibly just being coworkers. There is such a deep care and concern for one another here and I love knowing how dangerous that also is in a horror game. And Leo is the one most open about his attachments here. We know he doesn’t have much blood family, and doesn’t talk to them. We know he looks at these people as his family.

And I love that, for that family, we see a REALLY different side of Leo. While he was overwhelmed and trying not to look at the blood on the boat, the second the Murphy girls (or whatever was masquerading as them) tried to murder Malcolm and the others, Leo was grabbing kitchen knives and trying to kill them. His perspective from his talk with Malcolm also remains consistent: you put your family first. When his family is threatened, meek Leo melts away and we have a man who will do whatever is necessary, kill whoever is necessary, or let anyone die to protect them. He seems to have few moral convictions, but an enormous amount of love, and that excites me for this character.

And I love that we actually know very little about him right now. We know he lives in Red Lamp (because of course he does) and that his apartment doubles as their chapterhouse. So he can be Team Dad at every meeting.

Also congrats to him for getting laid in the very first episode. Hot sailor dude propositions him, and Leo is all about that life. This Professional Man of Leisure is clearly gay catnip.

DR. EDGAR LYCORIS

I was so excited that Alex was finally going to be in a filmed Candela game (he was apparently one of the play-testers during its development, and it’s so clear he knows the rules). Dr. Lycoris is cool, calm, almost robotic in his presentation. He’s definitely a classic Alex character with his calm and his normal-guy-in-a-group-of-weirdos vibe (while secretly being very much a weirdo himself), and filled with casual competence and rudeness. But at the same time there are hints of how much he cares about this circle too. Him quietly calling Grimoria ‘Grim’ when she’s unconscious and he’s tending to her, telling her, “You can’t sleep forever, Grim,” in such a fond tone. The two of them clearly have some quiet history together, and there is a real softness between them that I’m excited to see them dig into as they get deeper into the game. There’s clearly a long-standing connection with Malcolm too, with both of them extremely aware of one another’s skills and weaknesses, working together seamlessly, especially in moments of extreme stress. I want to see more of these soft moments, these personal moments when his icy demeanor cracks, and I imagine we’re going to get plenty of them, given that THIS is how intense the first episode was.

He and Leo are the two characters we know the least about at this point. We know that Edgar is a surgeon working in the main hospital in Newfaire. We know that he is cool under pressure, and that he is both used to fighting (his immediate shift into using his scalpel as a precision weapon to go after arteries and tendons is such a nice touch for the character), but also can really be shocked by sudden violence (I love that he totally freezes after THAT happened to Declan’s mother). He states that he wears nice and fashionable clothing, but the clothing is almost wearing him rather than the other way around, like someone picked them out for him. I want to know who that other person is (is it Leo???). I want to know who he is when he’s not trying to wear what other people expect of him.

I am so excited to get to know Dr. Lycoris.

GRIMORIA

Likely a stage name, and I do wonder if we'll get her birth name, or if that even matters to her at this point. Mechanically, I am thrilled to see a Candela player try to homebrew a multiclass in this system. She’s essentially gone for a Medium/Magician hybrid. We know she works as a procurer of esoteric artifacts. She performs shows with smoke bombs, so likely is a stage magician, and that she has been able to channel spirits since she was a small child.

And we know that she’s 18. In a group in which consists of a man who is at least in his mid-forties, a man who is 32, and a man who is a surgeon (so has at least obtained advanced training, and is probably in his late twenties at minimum, and is likely in his thirties given the hints that he served as a battlefield surgeon during the war), Grimoria is YOUNG. Absurdly so. The guys care about her in a different way than they do one another. They look out for her in subtle ways, though are all very careful not to treat her as a child. The softness between her and Edgar is reflected in the overtly familial way that Leo talks to her, treating her like a very clever niece, but also the person he finds the most calming in the group. It’s fun to see that, even though he treats her as his relative, he doesn’t treat her as a child. She’s the one he goes to when he needs to clear his head. He just wants to listen to her read aloud. He finds talking with her soothing, and it’s clear why. She has a good head on her shoulders, and is rising to the occasion, so while he is caring for her, he also intrinsically understands her need to care for him as well. And Aimee really sells that in-between nature of being 18. It’s such a great portrayal of someone on the verge of being an adult, but not quite there yet. Someone her friends want to care for, but also want to treat like an adult and like any other member of the group. There is a tension in those relationships purely because of her age.

I also like that she’s the most pure investigator of the group. She’s the one who pushes for information, who has a burning desire to KNOW. And that’s a great flaw and danger for a character in a horror setting. The desire for knowledge in cosmic horror is so dangerous. Her willingness to channel spirits right off the bat is dangerous. She is, in her own quieter way, just as reckless as Malcolm and I love to see it. Aimee is throwing herself into this, playing a character who doesn’t know she has limits let, and is eager to push every boundary. I can’t wait to get to know her even more.

CONCLUSIONS

I love that we have two cautious characters and two reckless characters. I love that we have a balance, and we have a group that instantly portrays exactly how close they all are to one another. We’re not sure how these bonds were forged, but they are so well portrayed and so clear. These people love one another. They would do terrible things for one another, and I can’t wait to see what they go through together.

Count me very excited and very eager for next month’s addition to their story (and count me already sad we only get three episodes with them).

#candela obscura #circle of the crimson mirror #I love them all so much already #Malcolm Trills #Leo Amicus #Edgar Lycoris #Grimoria #Imari Williams #Taliesin Jaffe #Alex Ward #Aimee Carrero

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