Jonathan J. Downes’ Post

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Attorney - Labor and Employment Law

Arbitration 101. Employers MUST prove the underlying facts - not rely on an indictment. A parallel administrative investigation could have been used. An administrative investigation with "Garrity" warnings is the preferred method to advance a discipline investigation when there is a pending criminal investigation.

LABOR—ARBITRATION—Employer could not rely on indictments, had to prove underlying allegations

LABOR—ARBITRATION—Employer could not rely on indictments, had to prove underlying allegations

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