Legal news and tips for employees, by Law Office of Eugene Lee

Category Archives: Arbitration

arbitration

One response to “Support the Arbitration Fairness Act of 2009 Now!”

  1. John Hall says:

    Did this law pass?

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9 responses to “Arbitration Works Better than Lawsuits . . . But for Whom?”

  1. Zakaria says:

    Thank you for the post. A credit card company was trying to make me accept that either party can force arbitration into any dispute between us. I think I know what to answer them now.

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  4. Marc says:

    Its definitely not an easy sell for either side.

    But saving court time, court fees and tax payer money is major factor in my book.

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  6. Lance says:

    Fair enough. I thought the disclosure on her part was enough as it is better than none at all (as is the case many times). As soon as I saw she worked for a law firm, I guessed she had a vested interest in ensuring the law failed but maybe I am always a skeptic of op-eds from non-journalists.

    I am glad you are a reader of my blog. I am always sorry I do not get to regularly comment on all of the blogs I read. I always enjoy talking about these sorts of issues which is why you are usually in my reader.

  7. Eugene Lee says:

    Lance,

    Thanks for stopping by and leaving your thoughtful comment. I’ve been a long-time admirer of your blog, http://www.YourHRGuy.com and I’ll be sure to comment more in the future.

    Now on to your point. I won’t dispute that I act out of self-interest in opposing mandatory arbitration. Not. at. all. I’m a capitalist and believer in Adam Smith’s invisible hand.

    But there is one very important distinction between me and Ms. Varney (author of the WSJ editorial). You won’t ever see me arguing how my position is the Right Thing To Do for Employers and Fortune 500 Companies, with nary a mention of how it happens to benefit me and my clients. I will always freely disclose how my position happens to also benefit me.

    Ms. Varney portrays herself as a champion of consumers and employees, and even suggests that her advocacy may be to the detriment of Big Business (who happen to be her clients, though she never discloses this).

    That’s just not right. That’s manipulative.

    Public discourse in this country has fallen down quite a ways since the days of Lincoln and Douglas. Ms. Varney’s dishonest arguments are just the latest example of this. If I ever do anything like that, call me out on it and I won’t hesitate to get my comeuppance.

  8. Lance says:

    Great article post about the pros and cons of arbitration. One thing I’d like to point out from your comments:

    “It would be interesting to know how many consumers/employees the author represents in her daily practice at Hogan & Hartson. I’m willing to bet – Zero. She sure does seem to be very concerned about their welfare though.”

    How can you use that logic when you are being critical on the same basis? Everyone speaks out of self-interest and I am guessing you wouldn’t be posting something like this if you worked in a different area of law. It would seem that by what you practice, you have an overwhelming concern to bring attention to this legislation and to encourage its passage for your own welfare.

    Not saying that you also don’t think it is the right thing to do in general but it is funny how often the “right thing” and “the thing that makes me money” so often aligns. That goes for you, Ms. Varney and myself.

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Proof That Arbitration Is Bad for Employees

A little while back, I had posted about arbitration and whether or not it is good or bad for employees to resolve their claims against their employers or co-workers. Arbitration is the resolution of legal disputes normally handled through lawsuits by instead hiring a private judge to rule on the dispute. My view has always… Continue Reading

One response to “Proof That Arbitration Is Bad for Employees”

  1. One thing that you need to consider is the fact that in many of the cases employees go to arbitration they are forced into it as a result of a contract that they signed.  Sometimes the company even gets to choose the arbitration services.  That clearly is not fair to the employee.

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4 responses to “Is Arbitration Good or Bad for Employees?”

  1. Mark R says:

    I am gaining employment in California with a company that is based outside of California. Their arbitration agreement states that arbitration must happen in their state and governed by the laws of their state. The arbitration cost is a 50/50 split. If I sign the agreement, is it valid in California? Based on what I am reading this is not legal because it has to be governed by the laws of California. Can somebody provide information on this and possible California laws pertaining to it so I can ask for it to be modified?

  2. Amy says:

    I thought under California law that employees are not required to pay an arbitrator’s fee under a valid arbitration agreement. But you do have to split the fee if you want a court reporter there, and that’s an incredible $1,000 per day (total).

  3. porkandbeaner says:

    An arbitrator completely ignored the dishonesty and criminal misconduct of police officers who testified against a railroaded officer.  They fired the cop for a simple verbal remark!  Then during civil litigation, they found out the cop was telling the truth.

  4. sme says:

    Arbitration may also be used to manipulate the statute of limitations.
    At the University of San Francisco (a Jesuit institution not controlled by Jesuits which has been sued numerous times for labor violations), two Latino professors were made to wait 3 years by the Faculty Union before facing arbitrators and agreed to wait that long because their cases against the university were so strong. Then, after the statute of limitations to sue in a law court had expired, two separate arbitrators made their entry and quickly ruled against the two professors in two separate arbitrations issuing simply abominable decisions.
    Lesson: Stay away from so-called “neutral” arbitrators. As reported by the Washington organization Public Citizen, arbitrators usually rule in favor of the stronger and wealthier party, not the party who is right. Be very careful about Unions that “promise” to support you, too.

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