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re: Anyone notice the subtle attack on NDAs and arbitration?
Posted on 3/20/18 at 5:41 pm to SlowFlowPro
Posted on 3/20/18 at 5:41 pm to SlowFlowPro
quote:
when the USSC reaffirms our contractual rights to arbitration, people are going to flip out
Arbitration clauses are almost always seriously biased against the employee.
And the confidentiality clauses in arbitration contracts inhibit other employees' success in their cases.
0
Posted on 3/20/18 at 5:58 pm to NC_Tigah
quote:
As long as the "voluntary agreements" premise is valid, so is the "crazy people" part.
The agreements are not truly voluntary if all employers require employees to sign them.
Posted on 3/20/18 at 6:09 pm to texridder
quote:
The agreements are not truly voluntary if all employers require employees to sign them.
Yes they are truly voluntary in the truest meaning of truthfulness.
Posted on 3/20/18 at 6:11 pm to texridder
quote:
The agreements are not truly voluntary if all employers require employees to sign them.
If an employer requires a non-compete agreement, should it not be enforced as well?
Posted on 3/20/18 at 6:13 pm to BBONDS25
Non-competes can be difficult to enforce.
Posted on 3/20/18 at 7:51 pm to texridder
quote:
The agreements are not truly voluntary if all employers require employees to sign them.
has slavery become legal again?
Posted on 3/20/18 at 9:13 pm to texridder
quote:
The agreements are not truly voluntary if all employers require employees to sign them
I mean it is your ultimate choice to stay employed at a company, so in that sense it kind of is.
Posted on 3/20/18 at 9:19 pm to Mo Jeaux
quote:
on-competes can be difficult to enforce.
True. TBhey have to be narrowly tailored. But they aren't hard to enforce because of any adhesion claim.
Posted on 3/20/18 at 9:23 pm to SlowFlowPro
I’m no legal scholar but I got screwed in a situation in which I had signed an arbitration agreement so now I don’t typically enter into business relationships where one is required. It’s basically a nonstarter when any significant liability exists.
Posted on 3/20/18 at 9:58 pm to SlowFlowPro
[link=(California last year passed a law prohibiting confidentiality clauses in civil settlements designed to cover acts that could be considered felony sexual offenses, which is a higher threshold than many cases of harassment.)]LINK[/link]
I fail to see what is so awful about this?
I fail to see what is so awful about this?
Posted on 3/20/18 at 10:02 pm to SlowFlowPro
quote:
i said all legal and juridical persons constitute "our"
Virtually no one uses that term, I've been in law school 2 years, have lawyers on both sides of my family and have friends that are lawyers/law students/law school grads and I've never read that label before until you typed it, first couple of times you posted that phrase thought you were misspelling something or a typo but apparently I learned a new word today
Posted on 3/20/18 at 10:03 pm to SlowFlowPro
quote:
SlowFlowPro
That all being said, you are one erudite and sharp person much respect
Posted on 3/20/18 at 11:18 pm to SlowFlowPro
quote:
The agreements are not truly voluntary if all employers require employees to sign them.
has slavery become legal again?
Sit down for 30 minutes and try to think up a more stupid post than that one. I'll bet you cant do it.
This post was edited on 3/20/18 at 11:59 pm
Posted on 3/20/18 at 11:22 pm to Toddy
quote:
I fail to see what is so awful about this?
There are probably women who would prefer private financial restitution rather than a public civil or criminal trial.
You took that avenue to restitution away from those women. People aren't going to offer susbstantial private settlements if they can't legally keep it private.
Posted on 3/20/18 at 11:24 pm to Ross
quote:
I mean it is your ultimate choice to stay employed at a company, so in that sense it kind of is.
Employment agreements (which contain the arbitration clauses) all typically signed when you first go to work for a company.
Virtually all employers except small companies have employment agreements with arbitration agreements.
If you change companies, you can expect your new employer to have an arbitration agreement.
Posted on 3/20/18 at 11:32 pm to BBONDS25
quote:
If an employer requires a non-compete agreement, should it not be enforced as well?
Almost every state has limitations on what can be included in non-complete agreement, because it is a public policy question.
Posted on 3/20/18 at 11:39 pm to SlowFlowPro
quote:
i said all legal and juridical persons constitute "our"
Why don't you explain to ThePTExperience1969 the difference between a legal and a juridical person, since he seems so enamored with your use of the word juridical.
HINT: There is no difference.
This post was edited on 3/21/18 at 2:34 pm
Posted on 3/20/18 at 11:48 pm to SlowFlowPro
quote:
Anyone notice the subtle attack on NDAs and arbitration?
Anyone trying to attack NDAs and arbitration are stupid as hell and need to get the hell out of America. Corporations, people, clients, etc have rights to contract and to privacy hence NDAs, no non-lawyers in their right mind actually wants to go to court or have anything to do with court because of how time-consuming, draining, and costly it is and I've read arbitration clauses for many things and contracts I'm a party to, they empower both parties to bargain for the arbitrator to adjudicate their claims and it's a more private proceeding than court I mean cmon, unless the contract was breached/violated in the arbitration proceeding or what have you, time and the market wait for no one, judges have more important things to do than give handouts to malcontents
Posted on 3/20/18 at 11:49 pm to BBONDS25
quote:
TBhey have to be narrowly tailored. But they aren't hard to enforce because of any adhesion claim.
The reason there aren't adhesion claims against non-compete agreements is that state legislatures have stepped in and outlawed the most egregiously over-broad standard clauses that used to be contained in these agreements.
But because arbitration agreements help alleviate the over-crowed judicial process, there is a strong bias to enforce the arbitrability of disputes, regardless of the one-sided nature of the agreement.
Posted on 3/20/18 at 11:54 pm to ThePTExperience1969
quote:
no non-lawyers in their right mind actually wants to go to court or have anything to do with court because of how time-consuming, draining, and costly it is and I've read arbitration clauses for many things and contracts I'm a party to, they empower both parties to bargain for the arbitrator to adjudicate their claims
Are you the same ThePTExperience1969 who posted how he had been in law school for two years.
I'll consider your great legal experience when I consider the weight I'll give to your opinion.
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