What Happens When You Try to Sue Your Boss • Hacker News Board

Re: What Happens When You Try to Sue Your Boss

#51

Post by JumpCrisscross » Fri, Jan 25, 2019, 4:06 AM UTC

mruts wrote: post #50

Why can’t judicial systems just get more funding? Surely they aren’t that expensive? You just have to rent the space, and pay the employees (all of which probably don’t make that much money). Surely some money from the military could pay for that?

> pay the employees (all of which probably don’t make that much money).

Court are packed with lawyers. The only thing buttressing against the sky-high compensation a good lawyer can make in the private sector is the political opportunity clerking and working in a court can open up. These aren't people one goes cheap on.

Re: What Happens When You Try to Sue Your Boss

#52

Post by JumpCrisscross » Fri, Jan 25, 2019, 4:07 AM UTC

RcouF1uZ4gsC wrote: post #35

learc83 wrote: post #13

Earlier quoted context omitted.

The problem is that companies favor arbitration because arbitration tends to favor companies. If arbitration were truly neutral, and it were easy to access with low costs to the consumer, companies would stop using them. So even if companies don't pick the arbitrator, arbitrators still have an incentive to find in favor of companies. Additionally, small claims court already basically works like what you're describing…

One thing that could fix this would be making the decision for arbitration binding on companies. Basically, once a company picks arbitration, it can’t ever go back. Then make it so someone other than the company picks the arbiter. This would go a long way towards removing perverse incentives.

> One thing that could fix this would be making the decision for arbitration binding on companies

This is how arbitration works. Non-binding arbitration is called mediation, and is basically glorified group therapy.

Re: What Happens When You Try to Sue Your Boss

#53

Post by temp231239 » Fri, Jan 25, 2019, 4:09 AM UTC

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…

from what I understand, arbitration is a way to come up with a resolution if possible before taking case to court. If arbitrator decision doesn't seem just to employee then why don't they appeal for court? Who own the cost of court proceedings in such scenario, company or employee? But given the exorbitant legal fees its not is favor of employee to take this route.

Re: What Happens When You Try to Sue Your Boss

#54

Post by exabrial » Fri, Jan 25, 2019, 4:14 AM UTC

Physical access: game over

Re: What Happens When You Try to Sue Your Boss

#55

Post by jonstewart » Fri, Jan 25, 2019, 4:14 AM UTC

temp231239 wrote: post #53

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…

from what I understand, arbitration is a way to come up with a resolution if possible before taking case to court. If arbitrator decision doesn't seem just to employee then why don't they appeal for court? Who own the cost of court proceedings in such scenario, company or employee? But given the exorbitant legal fees its not is favor of employee to take this route.

Because you signed a contract to abide by the outcome of the arbitration proceedings (i.e., it's "binding"). If you appeal, the judge will toss it out and you'll have wasted your money.

Re: What Happens When You Try to Sue Your Boss

#56

Post by jjoonathan » Fri, Jan 25, 2019, 4:26 AM UTC

asdfasgasdgasdg wrote: post #48

jjoonathan wrote: post #40

Earlier quoted context omitted.

Yes, I'm sure, because I read your link, which says that you can't appeal the facts of the case or the merits of the decision, you can only appeal the process, which, in its own words, provides "a high standard of deference to the arbitrator."

You're generally not going to be able to appeal either of those things in court, either, is my point.

It may be your point, but it isn't the point under debate. We are talking about whether or not the courts provide a check/balance for the decisions of the arbitration system.

They do not.

Re: What Happens When You Try to Sue Your Boss

#57

Post by devereaux » Fri, Jan 25, 2019, 4:27 AM UTC

narrator wrote: post #37

Just to put a word in for the other side. A friend of mine had some startup that had a huge contract for its product. One of the employees got let go and filed an employment suit. The lawyer he got was somewhat unethical and basically buried the company in legal fees. They went out of business before they could fulfill the big contract and tried to settle many times with the employee, but the lawyer kept egging him o…

How can the lawyer of one party cause legal fees to the other party?

I genuinely do not understand, as each party is responsible for its own costs

Re: What Happens When You Try to Sue Your Boss

#58

Post by steven2012 » Fri, Jan 25, 2019, 4:36 AM UTC

devereaux wrote: post #57

narrator wrote: post #37

Just to put a word in for the other side. A friend of mine had some startup that had a huge contract for its product. One of the employees got let go and filed an employment suit. The lawyer he got was somewhat unethical and basically buried the company in legal fees. They went out of business before they could fulfill the big contract and tried to settle many times with the employee, but the lawyer kept egging him o…

How can the lawyer of one party cause legal fees to the other party? I genuinely do not understand, as each party is responsible for its own costs

It sounds like the OP got a second-hand storytelling of what happened, and the original storyteller didn't know the exact details or made things up. It doesn't make sense for the lawyer to not to suggest settling especially if the company is going to go under.

Re: What Happens When You Try to Sue Your Boss

#59

Post by vkou » Fri, Jan 25, 2019, 4:41 AM UTC

Apocryphon wrote: post #36

sjg007 wrote: post #18

Earlier quoted context omitted.

This is why you unionize.

Seriously. I wonder what alternative solution that union skeptics have to offer for this problem.

They'll tell you that nobody's forcing you to work for a company that requires you to undergo forced arbitration.

I tell them that nobody's forcing them to work for a union shop.

Re: What Happens When You Try to Sue Your Boss

#60

Post by behringer » Fri, Jan 25, 2019, 4:49 AM UTC

JumpCrisscross wrote: post #51

mruts wrote: post #50

Why can’t judicial systems just get more funding? Surely they aren’t that expensive? You just have to rent the space, and pay the employees (all of which probably don’t make that much money). Surely some money from the military could pay for that?

> pay the employees (all of which probably don’t make that much money). Court are packed with lawyers. The only thing buttressing against the sky-high compensation a good lawyer can make in the private sector is the political opportunity clerking and working in a court can open up. These aren't people one goes cheap on.

You collect more fees with the more hearings you host. It would be trivial to increase the size of the justice system. However, the system as it stands now is ideal for huge trillion dollar companies.