It seems the only group of employees or candidates for employment who favor class action suits over arbitration are ‘marginally productive’ employees, to be polite.
Looking at the evolution of liability for auto accidents into no-Fault Auto laws and employer liability into workers compensations laws, it would make sense to look at a similar adjustment of employee actions against employers. The article mentions the cost of pursuit of smaller, individual cases against employers versus the efficiency of a class action lawsuit that attorneys would be more willing to pursue. A legal environment relying on arbitration for smaller, simpler case, and permitting class action lawsuits in well-defined circumstances, seems to be the logical evolution of the employee-employer relationship. It remains to be seen of the SCOTUS, at 8 members now, will make a ruling that blocks such a solution going forward, or opts to remain neutral.
People that sign arbitration clauses most often are unaware of the ridiculous expenses involved, the unfair climate of “not a fair trial” and usually no chance for appeal. Unconstitutional seems to me.
It seems the only group of employees or candidates for employment who favor class action suits over arbitration are ‘marginally productive’ employees, to be polite.
Looking at the evolution of liability for auto accidents into no-Fault Auto laws and employer liability into workers compensations laws, it would make sense to look at a similar adjustment of employee actions against employers. The article mentions the cost of pursuit of smaller, individual cases against employers versus the efficiency of a class action lawsuit that attorneys would be more willing to pursue. A legal environment relying on arbitration for smaller, simpler case, and permitting class action lawsuits in well-defined circumstances, seems to be the logical evolution of the employee-employer relationship. It remains to be seen of the SCOTUS, at 8 members now, will make a ruling that blocks such a solution going forward, or opts to remain neutral.
typo; the last sentence should have ‘if’ in place of ‘of’. mea culpa. I have fat digits on my big paws.
People that sign arbitration clauses most often are unaware of the ridiculous expenses involved, the unfair climate of “not a fair trial” and usually no chance for appeal. Unconstitutional seems to me.