Consequences of forced arbitration?
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?
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.
How do you initiate opt out?
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.
It does favor companies but there’s an argument to be made that it’s also less costly, faster, simpler for all. But generally I do not sign unless I have to. I prefer not to have my access to a courtroom taken away from me.
Do you think I can opt out for Facebook?
Careful with medical practices too - I had one slipped in with a bunch of paperwork last year and changed doctors.
Yep we're going through the same. Shady af.
Funny 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. https://www.google.co.uk/amp/s/www.recode.net/platform/amp/2018/11/9/18081520/facebook-forced-arbitration-change-sexual-harassment-uber-google
Any agreement is enforced as if it’s the law as long as its legal (read: doesn’t involve a crime).
This is not entirely true.
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.
@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.
This is such an ignorant statement. It's like the "why do you need privacy if you have nothing to hide" argument.
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.
Yes, 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.
And they make you pay for the arbitration in most cases. So, let's assume that you are destined to lose, in arbitration, you will end up paying more than in an open trial.
Don’t worry, you definitely understand it clearly.
So what you’re saying is that it’s as one-sided as it appears? That actually IS what I was worried about.
Don't worry, you're worried about the right things.