Forced arbitration is a hot topic at Splunk right now. I didn’t really know this was a thing until a couple weeks ago. How is this even legal? It’s so one-sided in the favor of the company from everything I have read. It seems like a convenient way to silence employees who have legitimate grievances.
Or is there something I am missing?
- Uber yettisFunny how no one noticed that it was Uber, of all the tech companies who removed forced arbitration as one of the first, almost a year ago. Google and Facebook followed later. But most tech companies still have this.
- @Op I have never seen any reason for 99% (except the insane) to actually have anything to worry about regarding these clauses. Worse case scenario is that you get laid off or let go. Not fun but unless you’re an incompetent boob, it’s typically no more than an irritation or inconvenience in a market like this one.
- Let's word it this way, if it'll be fine 99% of the time, then why have the arbitration clause? If the company does nothing wrong, then they don't need the arbitration clause in the first place.
Arbitration clauses are just there so companies can save face when they do something illegal and get sued for it. They also help make sure that others don't find out that they have also been wronged by the company.
The only benefit to doing arbitration is it helps them get away with shady shit. It's more expensive for you, it takes away your rights, it's biased against you, there really is NO way where it's to your benefit.Mar 145
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- Oracle BjGO24There are scenarios we can all get totally screwed over by, talented or untalented alike. What if your equity shoots up in value and they pip you because they want to claw back the RSUs? Say goodbye to a cool million, even though you are a smart fella that worked his ass off when stock was low.
- @doenfh doesn’t the same exact thing happen when the employee decides to change gigs on their own? Let’s say they gave you 1M in RSU’s the day you started on a 3-4 year vest. Typically you’re looking at getting 40% after your first year. After that you get it paid out quarterly for the next 2-3 years. IF they decided to whack you the day before your first vest, that wouldn’t fly even in arbitration as it looks really dodgy which it would be. Now that says s if you committed some real malfeasance or physically assaulted or abused someone it wouldn’t go your way. What am I missing?
- If you are in California, there is an opt out clause in your contract but you only have 30 days to opt out so most people don’t read the contract and don’t opt out so they get automatically opted into arbitration.
- Not legal advice :) The opt out is very important. However, it’s usually not a full opt out. It’s usually an opt out of certain clauses only. However, if you dispute the legality of the arbitration agreement later, whether you signed or did not sign the opt out is important to showing intent. Sign the opt out.Mar 135
- It’s written in your contract, and how to opt out is also specified. Most companies it’s sending an email to with subject line “opt out...”. It’s not grounds for dismissal, it goes to some random account. Your manager etc won’t even know. You only have a short time from joining to do it though, if you’ve been at the company for a long time it may be too late already.Mar 131
- How is it not a trust (as in Rockefeller) when most/all employers do the same thing, leaving employees with effectively no choice?
- Google davi5Yes, it's very one-sided. Simply a way for companies to cut potential legal costs by making employees sign away their right to a fair trial.
- with all the harassment lawsuits going on at Splunk, it started more lawsuits by employees suing to get out of their forced arbitration agreements in order to sue in open court.
Tomorrow in Seattle, judge Catherine Shaffer will rule if Splunk employment agreement's forced abitratration clause violates Washington state law.
Splunkers mostly seem upset at the "limited discovery" provision which impedes investigations and the evidence discovery process. From my reading, it is very one sided and only benefits the employer.
- Uber bbananAt Uber we have forced arbitration but guess what? The CLO and CSO negotiated it out of their contracts while the rest of us have no proper legal recourse, so yes, you understand .
- I would like to see regulation that says execs have to be bound by the same agreements as the common employee. Does somebody want to suggest this to their congressman?
- Careful with medical practices too - I had one slipped in with a bunch of paperwork last year and changed doctors.
- New EMVH32Any agreement is enforced as if it’s the law as long as its legal (read: doesn’t involve a crime).
- Yeah, arbitration clause are everywhere, in whatsapp, snapchat, all sorts of companies use them in their ToS, or in their employment agreement.
Read everything you click agree to or sign. I do, and I only agree to ones where I can opt out of arbitration, and I do opt out each time.
- Microsoft tech.ladkiOP, did you not read your offer letter? How come you didn't hear about it?