4 ms·
> There is almost certainly a binding arbitration clause. This removes the possibility of individual or class-action lawsuits. But it does not remove the abili
by dabockster 8y ago
> There is almost certainly a binding arbitration clause. This removes the possibility of individual or class-action lawsuits.
But it does not remove the ability of the court to overrule the clause itself. So someone could still sue Instacart knowing that it will be thrown out if the court decides to enforce the clause.
In my life experience, these things are almost always up in the air until a judge says otherwise.
Getting to the contractor thing, the most workers can really do is file IRS Form SS-8 and see if the IRS will release them of some of their tax obligations. Other than that, there's really not that much enforcement.
Source: I was a misclassified contractor in 2017 while working in WA state. IRS forgave some of my tax burden, but Labor/Industries and Employment Security are absolutely useless if you don't have a literal Form W2 to use.
- lenticular 8y ago>But it does not remove the ability of the court to overrule the clause itself. So someone could still sue Instacart knowing that it will be thrown out if the court decides to enforce the clause. Which they will. There's been a few recent cases that have made mandatory arbitration clauses more-or-less bulletproof.
- dbuder 8y agoUber requires you go to arbitration in the Netherlands, illegal in many countries but they just leave it in the contract.