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Google Ends Forced Arbitration for Employees

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11–20 of 293 posts

Re: Google Ends Forced Arbitration for Employees

#11
post #3

Someone please explain to me the benefits of having forced arbitration at all; what's the benefit of having disputes (including sexual harassment disputes) resolved behind closed doors without any possibility of appeal?

Keeps the company's public image clean.

Re: Google Ends Forced Arbitration for Employees

#12
post #9
post #2

Sounds like a stunning victory for (unorganized) labor—almost too good to believe! Does anyone with more details know if there are caveats or exemptions (other than the mentioned contractors)?

I don't know the details, but I do believe that high-skilled labor like Google employees likely have more bargaining power than your local pizza delivery driver. It wouldn't surprise me if we see these kinds of victories in other tech companies.

If I were other companies, I'd be scrambling to prevent this from happening with my employees. Can't assume it'll spread without organized effort (hint, the U word).

Re: Google Ends Forced Arbitration for Employees

#13
post #3

Someone please explain to me the benefits of having forced arbitration at all; what's the benefit of having disputes (including sexual harassment disputes) resolved behind closed doors without any possibility of appeal?

Forced arbitration overwhelmingly favors the employer.

Re: Google Ends Forced Arbitration for Employees

#14
post #3

Someone please explain to me the benefits of having forced arbitration at all; what's the benefit of having disputes (including sexual harassment disputes) resolved behind closed doors without any possibility of appeal?

From the article: "Forced arbitration ensures workplace disputes are settled behind closed doors and without any right to an appeal. These types of agreements effectively prevent employees from suing companies."

When employment contracts including a binding arbitration clause, the employee is agreeing to resolve conflicts privately with the company rather than through public means, such as a lawsuit. This reduces the public profile and resolution of such an action.

Re: Google Ends Forced Arbitration for Employees

#15
post #6
post #3

Someone please explain to me the benefits of having forced arbitration at all; what's the benefit of having disputes (including sexual harassment disputes) resolved behind closed doors without any possibility of appeal?

I believe arbitration is still optional. If you're an employee, there's no benefit whatsoever to forced arbitration.

Optional as long as you're ok not having a job. I have yet to sign a contract with any SV company that doesn't include forced arbitration.

Re: Google Ends Forced Arbitration for Employees

#17
post #8
post #3

Someone please explain to me the benefits of having forced arbitration at all; what's the benefit of having disputes (including sexual harassment disputes) resolved behind closed doors without any possibility of appeal?

Much cheaper, faster, and more private for all parties, plus I believe it prevents class action lawsuits. And don't forget the possibility that the arbitrators (who are paid by the company) favor their benefactor… For example, you mention sexual harassment; the victim (and certainly the accused) might not want all those details in the public record.

The thing is, if the employer and the employee both wanted arbitration, neither would need to be forced into it - something along the lines of "arbitration is always available as an option with consent of all parties" written into the contract would be perfectly fine.

Re: Google Ends Forced Arbitration for Employees

#18
post #8
post #3

Someone please explain to me the benefits of having forced arbitration at all; what's the benefit of having disputes (including sexual harassment disputes) resolved behind closed doors without any possibility of appeal?

Much cheaper, faster, and more private for all parties, plus I believe it prevents class action lawsuits. And don't forget the possibility that the arbitrators (who are paid by the company) favor their benefactor… For example, you mention sexual harassment; the victim (and certainly the accused) might not want all those details in the public record.

If it is such a huge benefit to everyone then both parties will simply always agree to it in the pre-lawsuit negotiation phase, and you don't need a preexisting agreement to mandate it.

Corporations often insist on adding it to their employment contracts and employees almost never insist it be added to an employment contract that was missing it, so you can guess who it benefits.

Re: Google Ends Forced Arbitration for Employees

#19
Why isn't forced arbitration illegal?

You're effectively agreeing to renounce to your rights to sue a company. Seems odd that US laws allows that.

Or, is the clause only that arbitration has to be attempted but not binding to the fact that an agreement may be reached?

This case would seem far less evil.

Re: Google Ends Forced Arbitration for Employees

#20
post #3

Someone please explain to me the benefits of having forced arbitration at all; what's the benefit of having disputes (including sexual harassment disputes) resolved behind closed doors without any possibility of appeal?

Imagine we have a civil dispute; you get your lawyer, I get my lawyer, we go to a judge, and the judge makes a decision. Forced arbitration is if instead when we had a civil dispute, we just went to my lawyer, and my lawyer made the decision.
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