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The DoorDash case was hilarious. Some workers tried to start a class action lawsuit, and DoorDash argued that it should be dismissed because according to their
by tzs 3y ago
The DoorDash case was hilarious.
Some workers tried to start a class action lawsuit, and DoorDash argued that it should be dismissed because according to their contract the workers had a duty to arbitrate.
Then when workers actually tried to arbitrate DoorDash tried to get that replaced with a class action.
Judge Alsup would have none of that crap:
> The employer here, DoorDash, faced with having to actually honor its side of the bargain, now blanches at the cost of the filing fees it agreed to pay in the arbitration clause. No doubt, DoorDash never expected that so many would actually seek arbitration. Instead, in irony upon irony, DoorDash now wishes to resort to a class-wide lawsuit, the very device it denied to the workers, to avoid its duty to arbitrate. This hypocrisy will not be blessed, at least by this order.
- ortusdux 3y agoIt sounds like the 2000 employees mentioned in this article should file a class action and cite Judge Alsup in the briefs.
- barrkel 3y agoI would think a class action suit would be more favorable to Twitter (and lawyers) and less favorable to the ex-employees. Every time I read about them, they seem to sum up total damages which are less than the individual damages, and members of the class get a small check at the end.
- civilitty 3y agoIANAL but that’s because most members of a class action have too weak a claim to litigate. Anyone with a strong claim and the money to fight it (or a lawyer on contingency) can opt out of the settlement and fight it on their own. It’s a lot different when it’s employment violations. The case for each employee is stronger, many more lawyers would be willing to take the case on contingency, and there’s not much room to massage the damages below what the employees are already owed
- TeMPOraL 3y agoMaybe they don't expect to get much from a win regardless, but they realize arbitration is going to be much more painful to the company, perhaps even sink it. If anyone, as a class, is in a position to retaliate legally against their ex-employer, it's the high-profile tech workers.
- rgbrenner 3y agoThey did.. Twitter got it thrown out a few months ago and forced everyone to file individual arbitration claims. That's how we got here. https://www.theverge.com/2023/1/16/23557210/twitter-workers-class-action-severance-lawsuit https://www.theverge.com/2023/1/16/23557210/twitter-workers-...
- itake 3y agoWhat happened with that? Did the arbitration go through? Do we know the % of wins for the dashers?
- lenocinor 3y agoI couldn’t find info on this specifically. But maybe you’ll find this paper that provides an overview of the phenomenon interesting: https://review.law.stanford.edu/wp-content/uploads/sites/3/2022/09/Glover-74-Stan.-L.-Rev.-1283.pdf https://review.law.stanford.edu/wp-content/uploads/sites/3/2...
- johnnyanmac 3y agoThere's nothing more graceful than seeing a legal counsel lay out an eloquent smack down against obvious lawyer trolling.