4 ms·

It's not "forced arbitration", it's "contractual arbitration" which means both sides agree to it. Employment contracts are freely negotiable, including a contra

It's not "forced arbitration", it's "contractual arbitration" which means both sides agree to it. Employment contracts are freely negotiable, including a contractual arbitration clause.

solatic 7y ago
Companies larger than a certain size should be required to use a standard template for employment contracts. It is acceptable and normal to negotiate over compensation, including salary, bonus rates/amounts, vacation days, etc., subject to legal minimums. It should not be acceptable to negotiate over terms like contractual arbitration, non-competition/non-solicitation, etc. - there should be a regulatory standard for every employment contract.
briffle 7y ago
That may be true for the executive team, and a 'rockstar' developer or two, But I'm finding it hard to believe that a QA person, or mid-level project manager, or the receptionist has any ability to negotiate their employment contract. Especially when rent is due at the end of the month, and little Bobby needs new shoes. I think its similar to the arguments saying forced arbitration is fine for cell phone contracts, because you can choose to not do business with that company, when EVERY cell phone provider now has them...
aquova 7y ago
I find that argument to be fairly naive. In theory there are lots of things that can be negotiated but are rarely done so, especially in an industry with a high abundance of eager workers. Having a small clause in their contract that voids their ability to take legal action against the company is something that I find to be worth protesting against.
- joshuaheard 7y ago
  It's what the law presumes. There is such a thing as an "adhesion" contract, where a power disparity can lead to the voiding of contractual clauses, for instance, the super fine print in a cell phone contract. But, I don't think an employment contract would fall into that category.
andylei 7y ago
and this walkout is an example of that free negotiation
sovnade 7y ago
"It says right here in the contract that I can sexually harass you and suffer essentially no consequences. You signed it."
- AnaniasAnanas 7y ago
  Well, shouldn't have signed it.
  - make3 7y ago
    a walkout is a legit negotiation strategy
    - AnaniasAnanas 7y ago
      I don't disagree.
- lixtra 7y ago
  Such a clause would be nil in most jurisdictions. EDIT: to be more specific: if you get raped at work, the criminal part against the rapist goes to court as usual. The case against the company because of establishing a rape culture and you seeking compensation goes to arbitration.
  - dd36 7y ago
    So it would be nil only if criminal charges could be brought.
- bdowling 7y ago
  That contract would probably be unenforceable due to being against public policy.
  - fnrslvr 7y ago
    Are you familiar with the story? The COO of Riot has been accused of ball-tapping and humping employees. I don't know about you, but if someone "ball-tapped" me in a workplace, I'd be reporting the incident to HR as sexual harassment.

It's not "forced arbitration", it's "contractual arbitration" which means both sides agree to it. Employment contracts are freely negotiable, including a contractual arbitration clause.

solatic 7y ago

Companies larger than a certain size should be required to use a standard template for employment contracts. It is acceptable and normal to negotiate over compensation, including salary, bonus rates/amounts, vacation days, etc., subject to legal minimums. It should not be acceptable to negotiate over terms like contractual arbitration, non-competition/non-solicitation, etc. - there should be a regulatory standard for every employment contract.

briffle 7y ago

That may be true for the executive team, and a 'rockstar' developer or two, But I'm finding it hard to believe that a QA person, or mid-level project manager, or the receptionist has any ability to negotiate their employment contract. Especially when rent is due at the end of the month, and little Bobby needs new shoes. I think its similar to the arguments saying forced arbitration is fine for cell phone contracts, because you can choose to not do business with that company, when EVERY cell phone provider now has them...

aquova 7y ago

I find that argument to be fairly naive. In theory there are lots of things that can be negotiated but are rarely done so, especially in an industry with a high abundance of eager workers. Having a small clause in their contract that voids their ability to take legal action against the company is something that I find to be worth protesting against.

joshuaheard 7y ago
It's what the law presumes. There is such a thing as an "adhesion" contract, where a power disparity can lead to the voiding of contractual clauses, for instance, the super fine print in a cell phone contract. But, I don't think an employment contract would fall into that category.

andylei 7y ago

and this walkout is an example of that free negotiation

sovnade 7y ago

"It says right here in the contract that I can sexually harass you and suffer essentially no consequences. You signed it."

AnaniasAnanas 7y ago
Well, shouldn't have signed it.
- make3 7y ago
  a walkout is a legit negotiation strategy
  - AnaniasAnanas 7y ago
    I don't disagree.
lixtra 7y ago
Such a clause would be nil in most jurisdictions. EDIT: to be more specific: if you get raped at work, the criminal part against the rapist goes to court as usual. The case against the company because of establishing a rape culture and you seeking compensation goes to arbitration.
- dd36 7y ago
  So it would be nil only if criminal charges could be brought.
bdowling 7y ago
That contract would probably be unenforceable due to being against public policy.
- fnrslvr 7y ago
  Are you familiar with the story? The COO of Riot has been accused of ball-tapping and humping employees. I don't know about you, but if someone "ball-tapped" me in a workplace, I'd be reporting the incident to HR as sexual harassment.