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What Happens When You Try to Sue Your Boss

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Re: What Happens When You Try to Sue Your Boss

#21

Post by vageli »

cryptonector wrote: post #11
Aqua wrote: post #8

It's absurd that you can actually waive any of your legal rights... Seriously, this is bonkers. After the #MeToo movement revealed that forced arbitration has been used to keep sexual harassment complaints quiet, a handful of companies, including Google and Facebook Inc., agreed to get rid of it for harassment claims Wow, how noble of them. How about getting rid of all of that BS?

Waiving your right to first go to court seems reasonable enough provided you cannot waive the right to appeal arbitration in court.

How can you appeal the arbitration in court? Pretty sure you agree (when signing away your rights) that you will hold the arbitration result to be binding and you give up any potential court remedy. IANAL though.

Re: What Happens When You Try to Sue Your Boss

#22

Post by siruncledrew »

jedberg wrote: post #10

Ok, so the reason we have arbitration at all is to save the courts time. This makes sense. This seems like such an easy problem to solve too. Just don't let the company or the worker pick the arbitrator. Require by law that the arbitrator be picked by a judge, or be randomly assigned by the court system, who has presumably vetted the arbitrator. The main problem with these things is that the arbitrator is picked by t…

IANAL, but why not just have a special labor court with more judges to be the nonbiased arbitrators? Or use retired judges to be like “independent contractor” arbitrators as a special division of the courts?

(I’m also not sure what the requirements to be an arbitrator are so please correct me).

Re: What Happens When You Try to Sue Your Boss

#23

Post by koolba »

siruncledrew wrote: post #22
jedberg wrote: post #10

Ok, so the reason we have arbitration at all is to save the courts time. This makes sense. This seems like such an easy problem to solve too. Just don't let the company or the worker pick the arbitrator. Require by law that the arbitrator be picked by a judge, or be randomly assigned by the court system, who has presumably vetted the arbitrator. The main problem with these things is that the arbitrator is picked by t…

IANAL, but why not just have a special labor court with more judges to be the nonbiased arbitrators? Or use retired judges to be like “independent contractor” arbitrators as a special division of the courts? (I’m also not sure what the requirements to be an arbitrator are so please correct me).

> (I’m also not sure what the requirements to be an arbitrator are so please correct me).

It most cases the only requirement is a pulse.

There’s usually no mandatory legal or industry training.

Re: What Happens When You Try to Sue Your Boss

#25

Post by gpm »

vageli wrote: post #21
cryptonector wrote: post #11

Earlier quoted context omitted.

Waiving your right to first go to court seems reasonable enough provided you cannot waive the right to appeal arbitration in court.

How can you appeal the arbitration in court? Pretty sure you agree (when signing away your rights) that you will hold the arbitration result to be binding and you give up any potential court remedy. IANAL though.

I believe they were talking about an alternate world where arbitration decisions would be appealable, not the world we live in.

Re: What Happens When You Try to Sue Your Boss

#26

Post by InfamousRece »

tjpnz wrote: post #20

What would happen if you hired a lawyer and sued anyway? People agree to things all the time that wouldn't hold up in court.

The other party would then file Motion to Compel Arbitration. This will usually result in the dismissal of the lawsuit.

Re: What Happens When You Try to Sue Your Boss

#27

Post by Spooky23 »

jedberg wrote: post #10

Ok, so the reason we have arbitration at all is to save the courts time. This makes sense. This seems like such an easy problem to solve too. Just don't let the company or the worker pick the arbitrator. Require by law that the arbitrator be picked by a judge, or be randomly assigned by the court system, who has presumably vetted the arbitrator. The main problem with these things is that the arbitrator is picked by t…

Exactly. Funny when unions go to arbritration, it’s always a big todo.p and terrible thing.

Re: What Happens When You Try to Sue Your Boss

#28

Post by philwelch »

Aqua wrote: post #8

It's absurd that you can actually waive any of your legal rights... Seriously, this is bonkers. After the #MeToo movement revealed that forced arbitration has been used to keep sexual harassment complaints quiet, a handful of companies, including Google and Facebook Inc., agreed to get rid of it for harassment claims Wow, how noble of them. How about getting rid of all of that BS?

> It's absurd that you can actually waive any of your legal rights..

"You have the right to remain silent. So, we're just gonna go home now. Bye."

A right that you cannot waive is more of an obligation, even if it's an obligation that in theory is to your own benefit.

Re: What Happens When You Try to Sue Your Boss

#30

Post by asdfasgasdgasdg »

jedberg wrote: post #10

Ok, so the reason we have arbitration at all is to save the courts time. This makes sense. This seems like such an easy problem to solve too. Just don't let the company or the worker pick the arbitrator. Require by law that the arbitrator be picked by a judge, or be randomly assigned by the court system, who has presumably vetted the arbitrator. The main problem with these things is that the arbitrator is picked by t…

> Just don't let the company or the worker pick the arbitrator.

That's already the case. If the company and the worker can't agree on an arbitrator, they each pick one, and then the two get together and agree on a third arbitrator to use. Or a judge will pick one. The employee is not required to accept whatever arbitrator a company picks.

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