3 ms·

> It is almost always better to first talk to outside legal representation to understand the landscape. If there are actual law violations, they will help prope

> It is almost always better to first talk to outside legal representation to understand the landscape. If there are actual law violations, they will help properly document and possibly start preparing a case, and if not then you know you should prepare to leave the company. Assuming you have already agreed to legally binding arbitration as is pretty much standard in all employee contracts (although thankfully a recent law banned this practice in California for employees hired in 2019 or later), how useful is it to go to a lawyer? It just seems like the system is designed to work against you. I have never actually gone through the binding arbitration process, so my knowledge of this is very limited.

decebalus1 7y ago
All you said is correct about arbitration. However, It never hurts to get independent legal advice. You never know like if the arbitration clause won't hold or if there are other aspects you're missing. Also, last but not least AFAIK you can and should always bring your own lawyer in arbitration.
TAForObvReasons 7y ago
In many states that permit binding arbitration agreements, whistleblower protections and criminal activity reports pierce the agreement. That's why the specific nature of the transgression is important, and why actually talking to a lawyer is better.
- kevin_b_er 7y ago
  It is the reverse. The state must not "permit" so much as aggressively work around mandatory binding arbitration, as the judiciary viciously denies access to courts of law to victims of mandatory binding arbitration and invalidates state laws to protect their citizenry. The American Arbitration Act has been interpreted with maximal denial of the rule of law towards its victims.
rosser 7y ago
> how useful is it to go to a lawyer? If nothing else, an informed, independent perspective should be able to help you better understand your situation, or see/know to ask about factors which you might not.
notyourday 7y ago
> Assuming you have already agreed to legally binding arbitration as is pretty much standard in all employee contracts (although thankfully a recent law banned this practice in California for employees hired in 2019 or later), how useful is it to go to a lawyer? It just seems like the system is designed to work against you. State laws trump agreements one makes with a company.

decebalus1 7y ago

All you said is correct about arbitration. However, It never hurts to get independent legal advice. You never know like if the arbitration clause won't hold or if there are other aspects you're missing. Also, last but not least AFAIK you can and should always bring your own lawyer in arbitration.

TAForObvReasons 7y ago

In many states that permit binding arbitration agreements, whistleblower protections and criminal activity reports pierce the agreement. That's why the specific nature of the transgression is important, and why actually talking to a lawyer is better.

kevin_b_er 7y ago
It is the reverse. The state must not "permit" so much as aggressively work around mandatory binding arbitration, as the judiciary viciously denies access to courts of law to victims of mandatory binding arbitration and invalidates state laws to protect their citizenry. The American Arbitration Act has been interpreted with maximal denial of the rule of law towards its victims.

rosser 7y ago

> how useful is it to go to a lawyer? If nothing else, an informed, independent perspective should be able to help you better understand your situation, or see/know to ask about factors which you might not.

notyourday 7y ago

> Assuming you have already agreed to legally binding arbitration as is pretty much standard in all employee contracts (although thankfully a recent law banned this practice in California for employees hired in 2019 or later), how useful is it to go to a lawyer? It just seems like the system is designed to work against you. State laws trump agreements one makes with a company.