A lawsuit was filed against Joseph Lubin by an employee who claimed that Lubin did not treat her properly. Joseph Lubin sued the employee but failed to obtain a verdict in her favor.
Lubin was then required to submit to arbitration before her case went to trial. That is where the arbitrator ruled against her and ordered her not to receive any financial compensation. Instead, he ordered Lubin to pay a fine.
However, after the arbitrator released his ruling, Lubin filed a Motion to Reopen which the arbitrator denied. The arbitrator found that the arbitrator “was unable to come to a mutual decision between the parties on the elements of damages.”
After she rejected the motion to reopen, Lubin was able to get out of paying the fine and she received no financial compensation. Although the arbitration agreement stated that the arbitrator’s decision cannot be appealed, the arbitrator was allowed to appeal this ruling, which she did.
Although the arbitrator believed that Lubin had acted improperly by not responding to the first time the arbitrator ordered her to provide her side of the story, she did not consider the two incidents enough to overturn the decision. The arbitrator felt that the first incident occurred because the employee’s attorney sent Lubin a letter to the effect that the arbitrator’s order should be ignored.
So, it was considered in the arbitrator’s decision that the employee wanted the decision reversed and since Lubin did not respond to the first order, the employee believed that she had the right to make a second request. She was able to get the arbitrator to rule in her favor when she argued that it was unfair that she could not respond to the first order.
In Lubin’s opinion, the arbitrator was simply trying to create a precedent so that she could order employees not to talk to their attorneys. Furthermore, she felt that the arbitrator had not considered the fact that the employee had been seriously injured when she had been the person who was contacting Lubin.
As such, the arbitration case between Lubin and the employee is on hold while both parties look for a solution. The arbitrator is expected to hand down a decision soon.