3 ms·
Forced arbitration being lawful is one thing, but the employer both being able to force arbitration AND pick the arbitrator who is on their payroll should be il
by Someone1234 8y ago
Forced arbitration being lawful is one thing, but the employer both being able to force arbitration AND pick the arbitrator who is on their payroll should be illegal.
In effect you've taken a process out of an independent court and put it with a private business which is being paid by one of the parties. Seems super sketchy even to the point of criminality.
- deleted 8y ago[deleted]
- kevin_b_er 8y agoThat's the point of it. It protects the corporation from the rule of law.
- derekp7 8y agoAt the minimum, the arbitrator should be licensed and certified by the court. Further, the plaintiff should be able to sue the arbitrator if they failed to act in good faith (i.e., if the arbitrator was sleeping during the deposition, or clearly rendered a decision not supported by the evidence).
- lalaithion 8y ago>Further, the plaintiff should be able to sue the arbitrator if they failed to act in good faith They can. 9 U.S. Code § 10: (a) In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration— (1) where the award was procured by corruption, fraud, or undue means; (2) where there was evident partiality or corruption in the arbitrators, or either of them; (3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or (4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.