Bronx, NY asked in Employment Law for New York

Q: how can i fight an arbitrators final desision

I lost my job ,my case was taken to arbitration by my union,needless to say the decision made does not seem fair is there something that I can do about it.

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2 Lawyer Answers
James K. Riley
James K. Riley
Answered
  • Pearl River, NY
  • Licensed in New York

A: This is a very difficult question--in New York State and in most other jurisdictions it is almost impossible to set aside an arbitrator's decision through a subsequent court challenge unless there was fraud or some other grave shortcoming in the process. There is a very short time clock as to when one can sue--speak to a knowledgeable attorney immediately.

Jonathan Marc Cooper
Jonathan Marc Cooper
Answered
  • Cedarhurst, NY
  • Licensed in New York

A: Chances are you would need to bring a proceeding in NY State Court to show, and ask that the arbitrator's decision be vacated on the grounds that there was something fundamentally flawed in the process of how the arbitration was conducted, or that the arbitrator's decision was "arbitrary and capricious," which is truly a daunting standard.

It is important to note that your time to doing so is almost certainly very limited.

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