Here are some of the most common questions people have about the Comcast Solutions Program.
An excerpt sample from the Company Comcast Solutions FAQ…
“1. What is Comcast Solutions?
Comcast Solutions is a three-tiered alternative dispute resolution program specifically designed to effectively and efficiently address certain employment-related claims that assert a violation of law.
Comcast Solutions provides both employees and the Company with multiple opportunities to reach a resolution acceptable to all parties, without expending the time and cost typically associated with traditional, full scale litigation.
If you decided to bring a Case under Comcast Solutions, the three steps of the Comcast Solutions process are:
• Step 1: Review/Facilitation. Your Case is reviewed by a member of the Comcast Solutions Program team at Cable Corporate Headquarters or at the Divisional level, who will attempt to work with you and your local management team to resolve the complaint internally.• Step 2: Mediation. If you are not satisfied with the results of the Review/Facilitation process, you may request that the Case proceed to an outside, professional dispute resolution organization (“DRO”) for Mediation. At this step, a formal mediation (also known as a settlement conference) is held between the parties. If Mediation is successful, the Case will be resolved by a signed, written settlement agreement.
• Step 3: Arbitration. If Mediation is unsuccessful, you may request that the Case be submitted to final, binding Arbitration. This stage is also handled through a DRO. Arbitration is a 2-day hearing (like a mini-trial) where an arbitrator hears witness testimony and reviews the evidence presented and submits a final written opinion, which is binding on the parties.
2. What is the difference between Comcast Listens and Comcast Solutions?
Comcast Listens is part of our Open Door policy and is available for all kinds of workplace or integrity issues, big or small, legal and non-legal, affecting your employment. Comcast Solutions, on the other hand, is a program created for certain legal claims affecting your employment, such as allegations of unlawful discrimination based on a protected category, wage and hour violations, and sexual harassment. Comcast Solutions sets up a procedure to resolve covered legal claims outside of the court system.3. Will all legal claims be covered by Comcast Solutions?
No. Certain legal claims, including claims for worker’s compensation benefits, unemployment compensation benefits, claims governed by the Employee Retirement Income Security Act (“ERISA”) with respect to a company sponsored benefit plan, and claims under the National Labor Relations Act (“NLRA”) will not be handled through Comcast Solutions. (A more complete description of included and excluded claims is set forth in the answer to Question No. 12, below.) If you participate in Comcast Solutions and a claim arises in one of these excluded categories, you will be able to pursue the claim through local, state and/or federal courts or agencies, as applicable.4. Are all employees in my Region or Business Unit going to be covered by Comcast Solutions?
Not necessarily. Current employees (i.e., employees who are actively employed on the date that Comcast Solutions is rolled out in their region or business division) will be given the choice to “opt out” of the program if they do not wish to participate. Employees who are newly hired (or rehired) into the Region or Business Unit after the program roll-out date for that Region/Business Unit will be automatically enrolled in the program in consideration of their decision to become employed with the Company. Excluded from the program are any employees who are subject to a collective bargaining agreement or an employment agreement with the company (unless the collective bargaining agreement or employment agreement specifically references and incorporates the Comcast Solutions program). These individuals are generally already subject to dispute resolution terms and/or arbitration programs/procedure under the terms of their agreements.5. What about pending legal claims? Can I still participate in Comcast Solutions?
Yes. Enrollment in Comcast Solutions will only affect claims brought at a future date. Claims that have already been filed in a court or governmental agency at the time of Comcast Solutions roll out in your area will continue outside of the Comcast Solutions process, even for those who participate in the Comcast Solutions program.
6. If I participate in Comcast Solutions, do I waive my right to go to the EEOC, the NLRB, other federal/state/local agencies, and/or to court?
Absolutely not. Comcast Solutions does not affect your right to go to the EEOC or any federal, state or local agency. You will still be able to do so. By participating in Comcast Solutions, however, both you and the company are waiving the right to have covered legal claims heard by a judge or jury in a court of law or equity.7. What is the difference between Mediation and Arbitration?
Mediation is a process where an external, professional mediator works to get both sides of a dispute (in this case, an employee and the company) to reach a mutually acceptable resolution to the claims. The mediator does this by reviewing the facts and talking to both sides (the employee and the Company), together and separately, about the claims and the facts of the Case—in an attempt to get both sides to understand the other side’s position and determine a possible resolution that is mutually acceptable.
Arbitration, in contrast, is like a mini-trial. An external, professional arbitrator acts as a “judge” and listens to the evidence presented by both sides, including witness testimony, before making a final, binding determination on the claims in the Case. The arbitrator also can make rulings on procedural or related issues raised by either side. The arbitrator has the authority to award money damages, attorney’s fees and other forms of relief that would be available through a court. “Binding” arbitration means that both the employee and the Company are bound by the final determination of the arbitrator. This means, absent some kind of abuse of the arbitration process or laws, the outcome must be accepted as final and cannot by challenged by the Company or the employee in court.8. What is a Dispute Resolution Organization (or “DRO”)?
A DRO is an outside, independent entity that offers professional mediation and arbitration services to help resolve legal disputes outside of the local, state or federal court systems. Professional mediators and arbitrators often include retired judges, experienced attorneys and/or trained professionals. One of two well-known and very reputable DROs—either Judicial Arbitration and Mediation Services (JAMS) or the American Arbitration Association (AAA)—will be used to resolve mediation and arbitration matters submitted to the Comcast Solutions program, depending on the geographic location of the dispute. The rules and procedures of both organizations are available through the Comcast Solutions page on the HR/Benefits tab of TeamComcast. You also may learn more about JAMS and AAA (including getting copies of their rules/procedures) by visiting the following websites:
• JAMS: www.jamsadr.com
• AAA: www.adr.com
Generally, employees working in California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia and Washington will be covered by JAMS; all others will be covered by AAA. For an updated map of what DRO will apply to your geographic area, as well as the DRO’s published procedures and rules, please consult the map available at the Comcast Solutions tab on the HR/Benefits page of TeamComcast.9. I went on the DRO website(s) and saw that there are some fees/costs associated with mediation and arbitration. Will I have to pay these?
No. You will not have to pay any fees at all for a Stage 2 Mediation. For a Stage 3 Arbitration, the most you will have to pay is $150 (which you will get back if you are successful on any of your claims). The Company will pay the remainder of any fees that are charged.10. Should I be worried that the Mediator or Arbitrator will favor the Company because the Company is paying most of the costs?
No. Although the Company will pay for most of the costs of the Mediation and/or Arbitration, the individual mediator and/or arbitrator will not be informed by the Company of this fact.11. What happens if I don’t like the Mediator or Arbitrator who is assigned to my case?
Both DROs have a process designed to help the parties select a mutually acceptable Mediator or Arbitrator. The DRO will send a list of possible names and backgrounds for mediation or arbitration, and the Company and employee can mutually agree on a choice. If there is a no agreement, then a process is used whereby each side expresses/ranks their preferences and the DRO chooses the best (most mutually agreeable) choice.12. What kinds of claims are eligible for resolution through Comcast Solutions?
Most claims that assert a violation of law relating to your employment are eligible for Comcast Solutions (including federal, state or local statutory laws, regulations and/or common law claims). Generally speaking, legal claims covered by the program are claims that involve an allegation that the employee personally has been harmed or damaged by an unlawful action taken by the Company or its representatives related to the employment relationship and are seeking damages or other forms of relief that otherwise would be available through a court. By way of example, the following is a non-exhaustive list of the types of claims would be covered by Comcast Solutions:
• Claims that a portion of your compensation was wrongfully withheld or not paid and/or that improper deductions were taken;
• Claims that you were discriminated against or harassed based on some characteristic protected by law (e.g., age, disability, gender, national origin, race, religion, veteran status or other legally protected characteristics);
• Claims that you were not provided with appropriate reasonable accommodations and/or were discriminated against on the basis of your disability, the perception of a disability or the disability of someone close to you, as provided under the Americans with Disability Act (“ADA”) or other state or local disability laws
• Claims that you were not provided with reasonable accommodations for your religious beliefs or practices;
• Claims that you were unlawfully retaliated against for previously raising a complaint or claim protected by law (also known as “whistleblower” claims);
• Claims that you were not permitted to take leave under the Family and Medical Leave Act (“FMLA”), under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) or another under federal, state or local leave law, as well as claims that you were not reinstated and/or were retaliated against for taking such leave; and
• Claims that you did not receive minimum wage, were not paid overtime and/or were not properly compensated for all of your hours worked in accordance with applicable federal, state or local wage and hour laws.
Note: each of these general categories of covered claims include any and all applicable federal, state or local statutory claims pertaining to such matters, as well as any common law claims arising out of or related to the employment relationship.Legal claims that are excluded from the Comcast Solutions program are the following:
• Unemployment Compensation claims;
• Claims for Workers’ Compensation benefits;
• Claims for health and welfare benefits under a Company-sponsored benefit plan covered by the Employee Retirement Income Security Act (“ERISA”);
• Claims under the National Labor Relations Act (“NLRA”) or under the terms of a collective bargaining agreement;
• Claims under the federal False Claims Act, federal procurement laws or federal or state intellectual property laws (including claims related to patents, trademarks, trade secrets and copyrights);
• Claims for breach of data privacy or unauthorized use or disclosure of private, confidential or trade secret information under statutory or common law; and
• Any claim that is expressly precluded from arbitration by a federal statute or regulation.
You will need to proceed to court and/or the applicable federal, state or local agencies for excluded claims.13. What happens if I submit a Case and it is found to be ineligible for resolution through Comcast Solutions?
If you file a Case with Comcast Solutions that does not assert a legal claim or asserts an excluded legal claim (such as a claim for unemployment compensation benefits), you will be so informed and directed to bring the non…”
The complete Comcast Solutions FAQ can be downloaded in it’s entirety here – Comcast Solutions Frequently Asked Questions