4 ms·
It doesn't look like the "candidate/employee" signed anything. And if they did, the contract isn't enforceable without consideration. "We are considering you
by danielweber 12y ago
It doesn't look like the "candidate/employee" signed anything. And if they did, the contract isn't enforceable without consideration. "We are considering you for the job" is not consideration.
- jordanb 12y agoThe way companies do forced arbitration now is by providing the employee with an opt out form that they have to fill out and mail to the legal department within 30 days. Sharp-eyed employees will notice this in their new hire documentation but most will not. The company can then claim that they did not make forced arbitration a condition of employment and did give the employee an opportunity to opt out, which they declined to take. Courts have upheld this as legal: http://www.dglaw.com/images_user/newsalerts/Litigation_Employees_Who_Dont_Opt_Out.pdf http://www.dglaw.com/images_user/newsalerts/Litigation_Emplo...
- danielweber 12y agoThey never hired her. There was no on-going agreement or failure to opt-out. Again, contracts still need consideration. Employment is consideration. They never employed her.
- rdl 12y agoI don't get why the fuck they didn't just pay her a day rate for work, since she was essentially working.
- BWStearns 12y ago(IANAL) The 12 hours of free-work might constitute consideration, but I don't see why you would even take a contracts angle on this particular interaction when you just have generic labor law.