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IANAL but I suspect their only avenue for recourse would be private arbitration as chosen by the employer. This is pretty standard language in modern employment
by Phlarp 9y ago
IANAL but I suspect their only avenue for recourse would be private arbitration as chosen by the employer. This is pretty standard language in modern employment contracts and from what I understand very few things are capable of invalidating it. (unpaid wages is one example I think can void such a clause)
- ThrustVectoring 9y ago"Contract of adhesion" pretty well covers it. Ask to strike the arbitration clause, bait the potential employer to say "take it or leave it", get that in writing, and you can sue to your heart's content later.
- mLuby 9y agoCan you elaborate on why contract of adhesion could defeat an arbitration clause? Getting the "take it or leave it" in writing establishes your inferior bargaining position, but don't you also have to show that arbitration clauses specifically are "unconscionable"? I certainly think they are, but I haven't heard a lot of that from courts.
- ThrustVectoring 9y agoThe UN considers access to justice a human right. Depriving people of the ability to access the legal system through your overwhelming negotiating position is a pretty easy argument that it's unconscionable. Realistically, it's enough to likely get past motions to dismiss, which means that the company will negotiate against a BATNA of a lawsuit instead of binding arbitration, which means you get much more money.