To be fair, arbitration protects companies that are often recipients of frivolous lawsuits and spend hundreds of thousands if not millions fighting court cases. Because of that they enact an arbitration clause because they are done. Not saying there are companies that abuse it, but companies have a right to protect themselves and their assets also. While the attorney presenting the video about arbitration is right and it does get used against employees wrongly, he is also a lawyer and companies that employ an such contracts and clauses limit his payout all together sssooo it's a really a two sided coin
@@ForestGigaChad34 this is the best example of how the USA is a company, not a country. Nowhere else in the world you see a place where the favor goes to the company and never to the citizen.
@@jozonas Do the employees and does a company not have a right to some forms of legal protection against those who would seek damages for less than honorable rational? btw France and Germany either have forced arbitration laws or allow it up to company and individuals.
@@ForestGigaChad34 you’re just proving my point. Favor the companies over individuals. Your argument is so weak, because one has to pretend organizations are the weak side of the equation and therefore, need the legal support of enforcing arbitration on people who need to pay rent, and sometimes eat. Good try.
This is great. I electronically signed my signature as “I have not read nor agree to these terms” after my employer told me I HAVE TO SIGN their mandatory employee manual which contained their arbitration clause. Nobody noticed.
It's been a year since a started my new job. My manager who was recently rehired a month before me was handing me paperwork to fill out. (This manager was a big to do. She was experienced and they paid a lot to get her back in the company.) She hands me over paperwork. I read it over and start asking questions. First was a paper acknowledging I got the handbook. Which I did not. So before signing it I asked if I could have the book. She looked confused, like I was asking a dumb question. Saying it was something I can email if I needed. I replied explaining that you just handed me a paper to sign to acknowledge I got it. Did she not read it over? She was just rehired herself. Than came to the arbitration agreement. I read over twice to make sure I understood it. It said I do not have to sign it and in a later passage said signing it was not contingent on me being hired or will I be retaliated against for not doing so. So I tell her that I choose not to sign in a respectful way. Another confused look. She tells me it for my best interest, trying to talk down to me basically. I respectfully listen and she tells me that I won't receive the job if I do not. I just bring up the section where it says it not required for me to sign to be hired. She is confused than texts HR and gets a response and it is confirmed I was correct. Since than that manager seems to always have it out for me. I got 3 write ups in a span of 6 months when I've never received any at of my passed jobs. She was suppose to be a very seasoned and informed manager but lack basic knowledge of labor laws. Just a little corporate piggy. She eneded up quitting and I've haven't had any issues since.
Most managers end up quitting or switching positions… happened to me twice in a span of a year. I knew something was brewing. I could smell their bs from a mile away. I’m glad this channel proves my intuition.
Who do you think came up with this arbitration loophole that circumvents labor laws? Some lawyer, of course! Robertson pooh-poohs HR because "if they don't want to be fired, then it's in their best interest to keep their company from getting sued". So ask yourself: what group creates and then benefits from the creation of these legal loopholes which then need to be fought over in court?
Not a California resident, I’m a Kansas resident actually… so although not everything in your videos apply to me, I still find them interesting and brain stimulating. Thanks for everything you do!
I am going through every bit of this right now I've reached out to an attorney for a free consultation in Kansas City Mo. I've only been on this job 2 months and it very quickly gone from good to anxiety, lack of sleep interfering with my ability to continue to learn my job and work effectively. I am the minority. However, after following the attorneys instructions and watching your videos you have validated me and that has empowered me taking me out of the feeiing like I'm crazy. I am able to stand up for myself now in a way I didn't know how to in the past. I just want to be able to learn my job so it well and be able to live and provide for myself. Once I started standing up for myself they have backed off, today is the first day I had peace and could do my job. Like when I first started. Thank you for exposing this, what a beautiful service.
I have another question. A woman I worked with and was close to that was HR at an Engineering firm had given her Employer notice. She and I chatted a lot, had lunch together and such. It was at one of our lunches that she let me know she was leaving. So, as her time passed she told me something very disturbing. She said, if you ever have a major issue with the Company (the Engineering Firm) don’t go to HR. She said just resign and move on. Do not complain to HR about any grievances and either just ignore what was happening or resign. I of course wanted to know more and so we talked more. She reminded me of the Arbitration that I HAD to agree to in order to get the job was #1, BUT she also said every employee that tried to sue the Company never came out ahead, BUT their file HAD HEAVY DOCUMENTATION ABOUT the case with the Employee looking to be a Major Problem AND was flagged as un-hirable and a great financial risk. She said they do that because all Companies’s require potential employees to sign a release for background checks thus making their file available to future employers to see. She said it was a company wide process at every site by every HR Department. She said it makes for getting a job nearly impossible once all was said and done. She told me this in her last few days of which she also let me know she was leaving because the NEW Site Director the Company hired (her boss at that branch) was harassing her. She did not file a complaint against him, she did not have another job to go to, but she wanted to ensure her file was going to stay problem free. Is this common AND is it Legal on a Companies part to do something like this?
Brilliant analysis. I wish you could have made and published this video back in 2019. I have been scammed exactly the way you described. I was given a subcontract with an included clause, “if the dispute cannot be resolved then an approved arbitrator will be appointed”. After joining, I realised its not a genuine sub-contract and I was being ripped off my hours, overtime, extra time and weekend penalty rates. They had hired me for a fixed price task and enslaved me to work against my free will. When I stood up they refused to pay me my pending invoices (A$85,000/-) and also sued me in private arbitration hearing of A$700,000/-. They were controlling the arbitrator by controlling her fee (modern bribe in my view) and abused me during the hearing and wanted me to leave Australia. This kind of strategy by bad employers is being used to hide their modern slavery meant for wages and entitlements theft. My experience says that the arbitration clause which I had signed without proper legal knowledge was naturally to the advantage of the employer to hide sham contracting for wage & entitlement theft.
In my experience, the three contract elements like "Legally binding but technically confidential commercial arbitrator appointment mechanism for threatening to impose financial liability", "Offering the worker a formal instrument of agreement with No Explicitly written Contract Termination Mechanism", and "Withholding Invoice Payment with some excuses like asking for evidence of work progress or stating work assessment is in progress or asking to prove the value of delivered work or releasing a little bit of payment" are typical indicators of situations wherever vulnerable workers are being preyed under modern enslaving work contracts including legitimizing forced labor and exploitative practices under civil law.
Years ago I was asked to do so for an employer and I put a pen line through that line , also signing with the addendum : All Rights Reserved - U.C.C. 1:308 to help cover my bases
I'm retired now but I needed you a few years ago. Your videos are so educational that I have to watch them. I'm telling you are giving the best possible advice and preparation I have ever seen and it's FREE! I will pass this info on to the younger generation out there working 💪.
I'm no scholar nor an attorney, but it seems to me that arbitration should be outlawed based on the enormous leverage it gives to whatever company that has it as a contractual agreement for employment. Just a thought from a normal working class citizen.
Great information...... I used to live in Texas; however, California is light years ahead in representing and protecting employees' rights. That is why companies like Spectrum have their inbound sales departments in States like Texas so they can do all their shady stuff.
If you fired after filling with EEOC in 10 days. The question is how to maximize the award: 1- take the EEOC path which could talk a year 2- hire an attorney and keep the case with EEOC 3- withdraw the EEOC case and take the employer to court. Which one is proper 1 or 2 or 3.
What does Human Resources do with a he said she said accusation? A friend was accused of something no one in the workplace believes and now is under review by HR and I'm just wondering
I don't have any issues at work but its nice to get some education on employment practices. Thank you for your efforts on bringing these issues to light.
Oh my, I am so glad I decided to watch this video. I have never agreed to arbitration, and I have never had a dispute that went to arbitration. Thank you for sharing this information.
Thank you. I appreciate you and whomever has helped you be motivated to give this soothing information to people before they get into crappier situations.
Listening to this, it explains A LOT of what I've witnessed amongst cases, it makes my stomach turn just recalling it all. Though the judges had the title "judge", they conducted themselves as arbitrators. Perjury was conducted yet judge ruled in favour of the respondent. Another Judge had links to the company therefore had conflict of interest but did not recuse herself from the case. ANOTHER judge was treating the harassed claimant (whose EX-EMPLOYER were sabotaging his new job!) so lowly it was heartbreaking to watch but we feared calling out this judge for fear of not just making trouble for ourselves but making things worse and harder for that poor claimant, which it was clear of having seen for a couple of hours that things were not good for him. It was disgusting!
Arbitration is the reason I was never payed out $21000 in backwages owed to me by a previous employer. Never let a business owner make an excuse for why they can't pay you.
i have never known what arbitration was until i found your videos. You are an excellent educator and i have learned so much. knowledge is power and i feel so good, well informed and on my way to knowing what i should have from the beginning. Trust in a workplace is not in my vocabulary anymore. Thank youp Branigan for making these detailed clear videos. i have subscribed and will watch every video you make !
22:13 wait but what if they just provide an employee handbook electronically for you to read and thus they don’t keep a copy of it in your HR file and only the signature page?
With maybe a few exceptions: In the last 5+ years, every debit card, lease, job form that I have come across, included a mandatory arbitration agreement. As well as every cell phone, and certain apps. Most recently, for a S10 phone, is set up to rely on having a Samsung Account. The arbitration agreement is there and none too consumer friendly. (I refuse to open an account.) There have been one or two arbitration clauses that presented themselves as fair and reasonable, possibly beneficial. But those are few and far between. Indiana state legislation has ignored any purposed bills offering ANY protections for employees since 2010. (Credit background checks, arbitration, overtime, etc.)
What if an arbitration agreement was signed with your union? Are there still these same disadvantages? What if your union is not transparent about what goes on in arbitration
I'm pretty sure that the company that's hiring me doesn't have an arbitration clause in their hiring paperwork, but I'm still quite glad to have watched the video so that I'm better informed about it. Thanks!
Forced arbitration should be banned completely whether it's an employee or consumer arbitration, since it always favors the companies or businesses. In today's society, there should be a law or bill to protects the consumers if they don't want to sign or agree to the MANDATORY Arbitration that the businesses FORCE the customers to sign before providing the services or products. Arbitration Agreement should be an option to the customers instead of a forced agreement. If the customers choose to opt out and not agree to the arbitration agreement, the businesses CAN NOT refuse providing the services or products to the customers. Customers believe that Arbitration is an UNFAIR practice to resolve a dispute and should be banned, since arbitration is always in favor to the businesses and not the customers. Arbitration could lead the businesses to cheat and do more harms to the customers and can get away with it. If arbitration has to be in the contract, make it as an option for the customers to opt out and not a requirement for providing services/products. Business dispute should be resolved under the court of laws and not based on the biased subjective opinions from the arbitration. Thanks.
Hi Branigan, You mentioned if an arbitrator rules in favor of the employee, the lawyer will likely reach out to their lawyer buddies to not hire that arbitrator. Is it highly likely that HR will reach out to their network of "buddies" such as within an HR solutions company that works with several hundred to thousands of HR personnel to destroy an employees opportunity or plot a ruse to hinder your chances and winning a case? I.E. they reach out to other company CEO's whom they work for and have them hire you before being terminated at another company to hinder your chances at being unlawfully terminated? If it is done by lawyers isn't it more likely to be done by human resources personnel?
Suppose you’re pursuing a class action and all of the class members have an arbitration agreement. The company is now claiming that their own arbitration agreement is unenforceable and that arbitration is not the appropriate forum to adjudicate the claims. Any idea why they would want to back out?
It's possible that this is one of those rare situations that the company would rather deal with a class action in order to fully settle a widespread claim. It's possible that the individual claims are big enough that the attorney for the workers is willing to arbitrate hundreds of claims. If that is the case, fighting hundreds of arbitrations would be more expensive than settling one big class action. That is one possible explanation. But that applies to a rare kind of circumstances.
The arbitrator conflict of interest sounds a like testing labs as described in a ted talk about car seats. The guy had trouble finding a lab who would agree to do a slow motion test comparing booster seats to seat belts side by side because the car seat companies are their primary clients.
I am always late to work, turning in my reports late and everyone is telling me i smell of BO. I think I might get fired, can I make a false claim (that I am being harassed, discriminated or something) to save my job? If I make a complaint, my boss cant fire me because it would be retaliation right? Or can they still fire me and file criminal charges against me with the District Attorney?
The downside of your videos is that every word you say is relevant and interesting, which makes it impossible to want to skip some parts. One has to either watch the whole video of over 30 minutes or leave for another time.
Can you get an arbitration agreement nullified if you weren't the actual victim of sexual harassment but part of your complaint is that you were retaliated against because you submitted a complaint form for sexual harassment?
I’ve been hired by a new company and hidden in the esign documents, was an arbitration agreement. I caught it, and didn’t sign it. 😁 I’m taking option 1, and going to wait and see if they notice.
I am glad you brought up that they spend millions to put a arbitration plan to protect themselves. It goes to show how these company think and how the American system is. If you do the right thing from the beginning your legal issues will be limited. You mentioned something about arbitration limiting rights. You can't limit a right. That is constitutionally ILLEGAL. It is called a right for a reason. This proves again that it is not right from wrong. It is who have the most money and resources. Again, these judges and politicans know nothing about economics and this is why this country will forever be a financial roller coaster for the hardworking. If your protect the the big guys, then how will money circulate when the small guys are the spenders and keep the big guys in business. I do think people who look for trouble to sue companies are sum bags, but don't let problems fester in your company, then demonize the person who is innocent. Again! In your previous video I mentioned psychology. Numbers and basic psychological principles never lie. Let's use psychology again. The justice system loves to positively reinforce negitive behavior and this builds confidence to keep doing wrong until the entity gets out hand vs taking away arbitration privilages and when they F up, they are forced to do the right thing. As a company, why the hell would I want to spend tons of money to offset liability when I know that there is still a possibility of me paying regardless of the sum? I would rather stay on top of liability and spend less money. I keep telling people that the leaders in this country logic and reasoning ability is so flawed that they screw over themselves sometimes.
At my current workplace you don't sign an arbitration agreement. It's in effect by default and you have 30 days to sign a document to opt out. If during that 30 days you're led to believe that opting out will put a target on your back, you later have cause to take them to court, and they file a breech of contract counter suit would it be possible to get it thrown out by claiming coercion?
Hello, I negotiate Union contracts. Do you think it would be beneficial to remove language that when a grievance can not be settled the Union and the Company may seek arbitration?
On a side but related note. Don’t ever work for Landry’s. They make you sign an arbitration agreement. I used to work for RFC at Disney Springs and management did a lot of messed up and often illegal things to their employees that corporate would consistently cover up while hiding behind their arbitration. The executive chef sexually harassed and assaulted (grabbed) multiple women employees and he was never fired, they would just transfer the victim. I was physically assaulted by the same chef because I said a curse word in casual conversation with a coworker while in the loud kitchen. Management avoided me when I asked to talk, so I called corporate HR, who after their investigation they called me a liar and then lectured a grown man, that had served in the military, on inappropriate language. The guy who has had no previous issues is a liar, and the guy with multiple reports on him is telling the truth? They didn’t even believe that.
? Question ? I Work for a retail store in California who follows New Jersey laws. How? Do I still look into my rights in California or do I look into New Jersey? I don't get it .
Why can't we as a nation come together and refuse to sign any arbitration? I'm sure employers still need employees and will have to come up with a better arrangement.
Just found your channel and it can be very useful for 300 million people. Can you do a case study video? Like maybe Uber and any class action lawsuits they went through and the ins and outs and what they have done lately to change their position? As in do most companies do this and how can employees protect their LIVELIHOOD! It’s horrible working for some companies that don’t care about you and can do what they will to you.
If an arbitration case determines there is grounds for a class action lawsuit, and that class action proceeds with the involvement of the arbitrator, do the same arbitration rules apply, or has it become a different scenario? Check out Robinson v. Am. Family Care, Inc. in Alabama
How do people usually fare with the unconscionability claim? I feel like most employers I’ve worked for have an arbitration clause or something similar in the middle of their employee handbook and you can either sign the acknowledgment page or hit the road. I’ve never had much luck with bargaining power in that regard. Plus it seems like most signing is now digital, no option to cross out specific parts.
Off topic question: I am training for dialysis. There are several very complex tasks with many steps that I need to memorize but I have limited opportunities on the clock to practice any particular task. I want to go to the hospital on my days off and drill these tasks independently in a focused & low stress environment but my boss won't let me claiming they would need to pay me for "training." 1. Is this true if I am there without being told to and do not ask anyone work related questions? 2. I have been training for a long time and was told I either get signed off or fired in 2 weeks. 3. Throughout my training I have repeatedly asked for specific learning opportunities and never been accommodated. Each day I follow a peer RN preceptor who is responsible for my training. *******OK. this turned in to a journal entry/complaint documentation. The quick law question is above, but I'll post the rest so I can save it later. a. From the start I repeatedly asked to perform tasks (e.g. start blood access on pt) and my preceptor said they didn't think I was ready. Each time I would ask "I think I am. By what metrics do you think I will be ready? This seems like a distinct task that you can only assess me on by watching me try." This was mostly with 1 guy. (BTW, I've been doing IVs for 10 years and accessing a dialysis fistula is 10 times easier.) IDK if nationality is a factor, but my peers are 100% Filipino immigrants and the office culture is very much "you're a trainee. Do what you're told and listen respectfully." I became less and less aggressive with insisting to demonstrate skills. After 4 weeks my boss (who does not work on campus) called me and said not to go to work. Several days later he said my training wasn't fast enough and he was cutting my shifts from 12 to 8 hr. He said "By now you should be taking the reins of the day's workflow and show you can do a run independently." Didn't matter when I told him I wasn't allowed to by my peers. i. A dialysis run takes ~6 hours. Half of that consists of doing repetitive assessments every 15 minutes. The other half provides one opportunity to practice some of the skills I need to check off arbitrarily based on the patient's needs. Most people start in outpatient clinics where you treat dozens of patients at once, but they are hard up for nurses and decided to hire and train me in the acute hospital setting. From the start my peers recommended management send me to a clinic for a few days to drill skills, but for no explanation, this couldn't happen.. Having my hours cut to 8 made no sense. The proportion of work time where I was meeting my learning goals was reduced. At the same time, I started getting anxious; I had flipped from thinking I was doing well following instructions to counting the days I had left. Despite this, even though I'm an autonomous professional 4 year BSN with 10 years experience, I was allowed no input in my learning plan. I was not even assigned a preceptor who could plan my teaching. b. After this I had many different preceptors who did not know where I was in my skill level and gave conflicting instructions on how to do the job. Excluding one older nurse they all prioritized going home ASAP over teaching me, and seemed to think that learning how stressful nursing is was the most important thing for me to learn. c. Teaching is part of a nurse's scope of practice. Anyone in the profession should understand that stress impairs learning. They are also expected to know that individualized teaching styles (e.g. verbal, written, kinesthetic) are required to promote learning. We literally check several boxes each time we treat a patient about this very practice. Yet I was repeatedly denied any consideration; I was told to waste my limited training time recording 15 minute vital signs when I requested to focus on other learning needs after a dialysis run was running smoothly. When I very specifically complained to my boss he had no arguments against my rationale for redirecting my time, yet he concluded "Go back to work and do what your [20-something, power-tripping & inpatient] preceptor tells you to." d. Setting goals and planning how to get there is an even more core aspect of nursing, yet despite this my preceptors acted like my goal was not learning and getting my skills checklist complete, but administering dialysis to today's patient. Their plan on how to get there was randomly deciding to let me do some things by the seat of their pants. A preceptor, after surprising me with a task he refused to let me do earlier, literally told me to stop verbally reciting a procedure to him: "you should know this by now, go do it,". He also had his own methods for tasks and on 2 occasions, just to make a point, he dramatically removed sterile gauze I had placed per P&P because "that's a waste of time, you're in the real world now! you need to work fast!" Another time he said 'I noticed you do this procedure like the most experienced person here.' So I replied "yes. it's for pain management" and went on to explain. His response was to get butt hurt and say "oh! Well I guess you don't need me to teach you anything! I'll just shut up!" WTF? I thought we were having a conversation between peers, but apparently I had interrupted after a rhetorical question leading in to a lecture from his podium. e. From this point I was erratically denied opportunities to practice skills, or spontaneously asked while in front of patients to perform tasks immediately with no time to prepare. I am continuously frazzled & even when I know what I am doing, there is the constant anxiety that today's preceptor does things different and thinks I'm incompetent. QED, I want to go to the hospital and drill procedures on my own time before they fire me in 2 weeks. But after setting a final deadline and refusing to even acknowledge the above issues, my boss won't let me because I'd need to be on the clock. It doesn't even make sense. Even if the other nurses don't like me, the boss is absent & gives no F's about the work place meliu. They've spent $10's of thousands training me and I'm so close... I'm just crap for memorization and stressed AF due to management's admittedly problematic training. I happen to have ADHD which is why my rote memorization is near non-existant. I have not made any claims under the ADA but as I am being (and expected to be) trained by nurses so I expected a basic understanding of teaching by my peers and honestly thought I was answering my post employment paper work honestly what I said I did not need and special accommodation.
If I have a he said she said sexual harassment case (no proof and no witnesses) can I still take my other charges such as Retaliation and Non-Accommodation against my employer to a jury and avoid arbitration -- California courts.
Use state law for arbitration to drop hints to the company about federal complaints that are right around the corner. The large company doesn’t want their fraud to go public. No one does. Violating certain. Federal laws can get them barred from seeking contracts. If you’re working for a state that receives federal funding, things can get tricky, confusing, scary.
I have a question regarding settlement negotiations. I just beat my former employer's motion for summary judgement and we're now entering settlement negotiations. A year ago they had requested a settlement demand letter, which I suspect is because they wanted to get a feel for how much we think our case is worth. We responded with an amount close to one million and now a year later, they've sent their first counter offer and it's 1.3% of what our initial offer was. I advised my lawyers to reject that offer but my former employer stated with their counter offer that they likely won't communicate another offer after the one they just gave us. Do you think they're bluffing? I doubt they'd want to take the one claim that survived summary judgment all the way to trial cause it doesn't seem like they'd win imo.
I don't know. I would rely on your attorney for guidance here. As much as I would like to offer my opinion on things like this, I can only do so for CA people who call my office. As you might expect, I have to be very careful about giving actual legal advice on a social media platform. There are all sorts of privilege issues and confidentiality issues.
Saying "this is my final offer" is a typical negotiating tactic. If what he's offering is way less than what you can win in court and you're likely to win then that's what court is for. If they really want to play hardball it sounds like it won't work too well for them.
They are scammers and when you’re employed part time already & the company wants to hire you full time. So if this happens to you make sure you read the documents before you sign. Don’t let the HR rep read it over for you because she will read it so you barely understand.
I wish I had a ministerial associate like Mr Robertson for church evangelism. He speaks intelligently and has a great way of making this deep topic interesting!
I read in the RN world, an RN was able to convince a group of RNs to challenge a hospital's practices & I think they won. 2nd case, a group of RNs banded together to influence a court ruling to prevent a precedent. Both cases were for different reasons, but yes, a ruling can be influenced en masse.
Hi Branigan, Im in California and wanted to ask if a case does go to arbitration for retaliation claim and you win does arbitrator award plaintiff lawyer fees? Also punitive damages? Thanks
Hello! Thanks for all of this excellent content! Would you consider doing a video on the role of unions and employment law? Specifically, I’m curious to what extent we should know if we have a good union representative, or a union representative that is selling us out to HR. Thanks!
I have strong pending religious discrimination case with EEOC but I really not sure if I did sign arbitration agreement or not when I started my job. How can I know if the company has arbitration agreement? The company has union but I’m not part of the union contract..
The fact that if you have a harassment case feels like it’s pointless to fight against the company that you work for if you signed a document that you must go through arbitration smh.
I can understand why it might feel that way. But, as I discussed in the video, if you have a good case, you should absolutely pursue it even if you're stuck in arbitration. I give a bunch of reasons for this. Giving up just lets them get away with it.
If one lives and work remotely from New York but employed by a California based company. Which law will apply when it comes to labor laws and arbitration? Thx
There isn't a way to cross out arbitration clauses in HR paperwork and in the employee handbook with disclaimer notations because many companies have gone to the electronic signature process. There are even electronic acknowledgment requirements at the online job application stage.
A number of years back a friend went through Arbitration to get wages and reimbursements their employer refused to pay. The amount owed was substantial but the Arbitrator awarded $4,900. However, the Employer never paid the owed amount. At that point the Employee was of course no longer an Employee. They tried to pursue the case to get their money finding out that they now were having to go through Small Claims Court due to how small the amount was. In Small Claims Court they won BUT when they went to their car in the parking lot the defending employer drove up next to them and said, “Good lock collecting. You’ve been TRUMP’ed”, and drove away laughing. Due to the amount of time and money my friend spent on trying to get what was legally theirs and that happening they gave up and moved on. Is this common?
Great video I still think arbitration should be illegal lol, it would also be interesting to know tips about contractor type contracts as we usually just sign them and don’t really understand the fine print, specially foreigners.
If arbitration were fully abolished, it would overwhelm the court system. You think the process is slow now, watch how bogged down it would get. We need to fix/regulate arbitration so that it is equitable and preserve the limited efficiency in our courts. An appeal process allowing some form of judicial review would be nice.
@@joshuakesner4625 not a good enough excuse though. Like there's a reason why unions exist, and just like signing a waver which does not excuse negligence, arbitration means nothing if you fucked a lot of people.
Unfavorable and unfair contracts can be rescinded. If I were ever to find something that was unfair to me in any contract, I would rescind it and take it to whatever level necessary to resolve it. In my world one has to show in one hand to receive in the other. I take adverse action quite seriously.
Just a question, if I have a wrongful termination case, does it hurt your chances by waiting months after you’re officially terminated to bring a case? I’ve heard that it has to be done right away but one of my key witnesses was being held wrongfully on probation by the company and I don’t expect anyone to risk losing their job even tho they are in the right. Am I screwed for waiting? Or is this even relevant for halfway decent lawyers? I understand you’re busy and would like an opportunity to just share my story just to see if you think the case is winnable. I will keep it as short and concise as possible if you have a few minutes of your day that you can just give your honest opinion if you would think the case would be worth taking if I happened to live in your state. Thanks.
What’s “restrictive clause” or May be I am not saying the term correctly! I have been asked in several interviews similar questions! Thank you in advance
How fast would I get fired if I just popped "Hey peeps, we should unionize." into the main teams chat? What excuse would they use? On paper I'm a model employee that's been there over a year so they'd have to make something up afaik.
If the company changes a significant term in their employee handbook describing how they tally issues or write ups, could it change the conscionable-'ness of "the deal" up for arbitration. -especially if they refuse to give you an updated employee handbook ("oh we're out right now" every time you ask for one) or reasonably disclose the changes? ...Thank you for these videos!!! Wish I had this a long time ago!
Hello:) what if I have it on email from a hiring manager.. explicitly stating that they cannot accept people from my country... Do I have a strong case ?? I got a video of it and they have no arbitration on their offer letter...
That sounds like good evidence. If you were denied a job or fired, you should call a lawyer in your state for a consultation to get it properly investigated.
@@braniganrobertsonlaw Mr. Robertson I need to talk to you, I am not from the US, but I don't want to be a pest ... I need solid advise but that's not possible in my country. So as one human to another, may I call the number you listed at a convenient time of yours.
What if I sign the arbitration agreement, but not in my name. Let's say my name is Tom Jonas, but I sign the name, Tom Jones? I once met an actress who signed a contract as Daffy Duck. They wouldn't let her take home a copy of the contract until she signed it. So she signed a different name, took it home, had it reviewed by a lawyer, discovered it was invalid, and because she signed a different name, it was rendered unenforceable.
We don’t have peers in America; just one class of citizenship. “Jury of one’s peers” is from Magna Carta, and was to protect the nobility from the crown. We don’t have nobility in America and a lawyer should consider dropping this misnomer.
I was tricked into signing a lease but didn’t know about the 14 days to vacate. I can’t find a new place to live in 14 days what do I do? I was laid off with no reason?
What if I bring a disappearing ink pen and sign for arbitration?
Genius! Lol. I don't think that will fly in court but you're the first person to make that suggestion!
@@braniganrobertsonlaw A lawyer here in India told me that the companies will have enough money to send that to forensic and the case would be closed.
@@braniganrobertsonlawlol
Ever with 'disappearing ink' you still leave an inprint on the paper. It's laughably easy to prove you signed it.
@@braniganrobertsonlaw seems like a 1 party signature which means contract is void.
Why are companies allowed to make employees sign arbitration agreements? It seems like this should be illegal for companies to do.
To be fair, arbitration protects companies that are often recipients of frivolous lawsuits and spend hundreds of thousands if not millions fighting court cases. Because of that they enact an arbitration clause because they are done. Not saying there are companies that abuse it, but companies have a right to protect themselves and their assets also. While the attorney presenting the video about arbitration is right and it does get used against employees wrongly, he is also a lawyer and companies that employ an such contracts and clauses limit his payout all together sssooo it's a really a two sided coin
@@ForestGigaChad34 this is the best example of how the USA is a company, not a country. Nowhere else in the world you see a place where the favor goes to the company and never to the citizen.
@@jozonas Do the employees and does a company not have a right to some forms of legal protection against those who would seek damages for less than honorable rational? btw France and Germany either have forced arbitration laws or allow it up to company and individuals.
@@ForestGigaChad34 you’re just proving my point. Favor the companies over individuals. Your argument is so weak, because one has to pretend organizations are the weak side of the equation and therefore, need the legal support of enforcing arbitration on people who need to pay rent, and sometimes eat. Good try.
@@ForestGigaChad34 and more, how is restricting a person to seek justice a protection for the employee? More on
This is great. I electronically signed my signature as “I have not read nor agree to these terms” after my employer told me I HAVE TO SIGN their mandatory employee manual which contained their arbitration clause. Nobody noticed.
lol.
It's been a year since a started my new job. My manager who was recently rehired a month before me was handing me paperwork to fill out. (This manager was a big to do. She was experienced and they paid a lot to get her back in the company.)
She hands me over paperwork. I read it over and start asking questions. First was a paper acknowledging I got the handbook. Which I did not. So before signing it I asked if I could have the book. She looked confused, like I was asking a dumb question. Saying it was something I can email if I needed. I replied explaining that you just handed me a paper to sign to acknowledge I got it. Did she not read it over? She was just rehired herself.
Than came to the arbitration agreement. I read over twice to make sure I understood it. It said I do not have to sign it and in a later passage said signing it was not contingent on me being hired or will I be retaliated against for not doing so.
So I tell her that I choose not to sign in a respectful way. Another confused look. She tells me it for my best interest, trying to talk down to me basically. I respectfully listen and she tells me that I won't receive the job if I do not.
I just bring up the section where it says it not required for me to sign to be hired. She is confused than texts HR and gets a response and it is confirmed I was correct.
Since than that manager seems to always have it out for me. I got 3 write ups in a span of 6 months when I've never received any at of my passed jobs. She was suppose to be a very seasoned and informed manager but lack basic knowledge of labor laws. Just a little corporate piggy. She eneded up quitting and I've haven't had any issues since.
Most managers end up quitting or switching positions… happened to me twice in a span of a year. I knew something was brewing. I could smell their bs from a mile away. I’m glad this channel proves my intuition.
Could be she was just playing dumb cuz if you were to ever file a suit it'll be harder to prove intent from the start.
She was definitely seasoned…. with salt
You blew her little tiny mind and she just couldn't recover from it. Good for you👏👏
Lucky you didn’t get fired. If this happen to me who is an immigrant, I would be fired immediately
Incredible work. I've seen many corners of the internet and I swear this is about as concrete as online educational content gets.
We must protect this guy at all costs. Amazing content, keep up the great work!!
Who do you think came up with this arbitration loophole that circumvents labor laws? Some lawyer, of course! Robertson pooh-poohs HR because "if they don't want to be fired, then it's in their best interest to keep their company from getting sued". So ask yourself: what group creates and then benefits from the creation of these legal loopholes which then need to be fought over in court?
Protect? LOL
@@aluisiousExactly...I see that alot...who is "we" and "protect" how?
Not a California resident, I’m a Kansas resident actually… so although not everything in your videos apply to me, I still find them interesting and brain stimulating. Thanks for everything you do!
I am going through every bit of this right now I've reached out to an attorney for a free consultation in Kansas City Mo. I've only been on this job 2 months and it very quickly gone from good to anxiety, lack of sleep interfering with my ability to continue to learn my job and work effectively. I am the minority. However, after following the attorneys instructions and watching your videos you have validated me and that has empowered me taking me out of the feeiing like I'm crazy. I am able to stand up for myself now in a way I didn't know how to in the past. I just want to be able to learn my job so it well and be able to live and provide for myself. Once I started standing up for myself they have backed off, today is the first day I had peace and could do my job. Like when I first started. Thank you for exposing this, what a beautiful service.
I have another question.
A woman I worked with and was close to that was HR at an Engineering firm had given her Employer notice. She and I chatted a lot, had lunch together and such. It was at one of our lunches that she let me know she was leaving. So, as her time passed she told me something very disturbing. She said, if you ever have a major issue with the Company (the Engineering Firm) don’t go to HR. She said just resign and move on. Do not complain to HR about any grievances and either just ignore what was happening or resign. I of course wanted to know more and so we talked more. She reminded me of the Arbitration that I HAD to agree to in order to get the job was #1, BUT she also said every employee that tried to sue the Company never came out ahead, BUT their file HAD HEAVY DOCUMENTATION ABOUT the case with the Employee looking to be a Major Problem AND was flagged as un-hirable and a great financial risk. She said they do that because all Companies’s require potential employees to sign a release for background checks thus making their file available to future employers to see. She said it was a company wide process at every site by every HR Department. She said it makes for getting a job nearly impossible once all was said and done.
She told me this in her last few days of which she also let me know she was leaving because the NEW Site Director the Company hired (her boss at that branch) was harassing her. She did not file a complaint against him, she did not have another job to go to, but she wanted to ensure her file was going to stay problem free.
Is this common AND is it Legal on a Companies part to do something like this?
Absolutely. If they can get away with it, they will.
We are all bought and sold. The less you say the better.
i think he says in his videos he cannot answer such questions because of certain details, like what state you are in, etc
Brilliant analysis. I wish you could have made and published this video back in 2019. I have been scammed exactly the way you described. I was given a subcontract with an included clause, “if the dispute cannot be resolved then an approved arbitrator will be appointed”. After joining, I realised its not a genuine sub-contract and I was being ripped off my hours, overtime, extra time and weekend penalty rates. They had hired me for a fixed price task and enslaved me to work against my free will. When I stood up they refused to pay me my pending invoices (A$85,000/-) and also sued me in private arbitration hearing of A$700,000/-. They were controlling the arbitrator by controlling her fee (modern bribe in my view) and abused me during the hearing and wanted me to leave Australia. This kind of strategy by bad employers is being used to hide their modern slavery meant for wages and entitlements theft. My experience says that the arbitration clause which I had signed without proper legal knowledge was naturally to the advantage of the employer to hide sham contracting for wage & entitlement theft.
In my experience, the three contract elements like "Legally binding but technically confidential commercial arbitrator appointment mechanism for threatening to impose financial liability", "Offering the worker a formal instrument of agreement with No Explicitly written Contract Termination Mechanism", and "Withholding Invoice Payment with some excuses like asking for evidence of work progress or stating work assessment is in progress or asking to prove the value of delivered work or releasing a little bit of payment" are typical indicators of situations wherever vulnerable workers are being preyed under modern enslaving work contracts including legitimizing forced labor and exploitative practices under civil law.
Did your employer ask you to sign an arbitration agreement?
Years ago I was asked to do so for an employer and I put a pen line through that line , also signing with the addendum : All Rights Reserved - U.C.C. 1:308 to help cover my bases
Usually aren't they in the union agreement but they hide it and never tell you till you read your union book?
Sort of. As a public employee, we have a labor review board.
Of course. It's either that or have no job
I’m an employee of 3 years and just now they are having us sign them or…. If we don’t…. They are assuming we agree.
I'm retired now but I needed you a few years ago. Your videos are so educational that I have to watch them. I'm telling you are giving the best possible advice and preparation I have ever seen and it's FREE! I will pass this info on to the younger generation out there working 💪.
It's Monday, and we have a brand new video of Mr. Robertson dropping crucial knowledge. Hats off to you sir, your videos are fantastic!
I'm no scholar nor an attorney, but it seems to me that arbitration should be outlawed based on the enormous leverage it gives to whatever company that has it as a contractual agreement for employment. Just a thought from a normal working class citizen.
I agree!
The lesson about Arbitration is very informative, Educational & objective. love from Kenya 🇰🇪🇰🇪🇰🇪🇰🇪🇰🇪🇰🇪
Great information...... I used to live in Texas; however, California is light years ahead in representing and protecting employees' rights. That is why companies like Spectrum have their inbound sales departments in States like Texas so they can do all their shady stuff.
If you fired after filling with EEOC in 10 days. The question is how to maximize the award: 1- take the EEOC path which could talk a year 2- hire an attorney and keep the case with EEOC 3- withdraw the EEOC case and take the employer to court. Which one is proper 1 or 2 or 3.
always go to court, EEOC minimizes damages and settles benefiting the company
What does Human Resources do with a he said she said accusation? A friend was accused of something no one in the workplace believes and now is under review by HR and I'm just wondering
I don't have any issues at work but its nice to get some education on employment practices. Thank you for your efforts on bringing these issues to light.
Oh my, I am so glad I decided to watch this video. I have never agreed to arbitration, and I have never had a dispute that went to arbitration. Thank you for sharing this information.
Thank you. I appreciate you and whomever has helped you be motivated to give this soothing information to people before they get into crappier situations.
Listening to this, it explains A LOT of what I've witnessed amongst cases, it makes my stomach turn just recalling it all. Though the judges had the title "judge", they conducted themselves as arbitrators. Perjury was conducted yet judge ruled in favour of the respondent. Another Judge had links to the company therefore had conflict of interest but did not recuse herself from the case. ANOTHER judge was treating the harassed claimant (whose EX-EMPLOYER were sabotaging his new job!) so lowly it was heartbreaking to watch but we feared calling out this judge for fear of not just making trouble for ourselves but making things worse and harder for that poor claimant, which it was clear of having seen for a couple of hours that things were not good for him. It was disgusting!
All employees across America need to know this essential information
Arbitration is the reason I was never payed out $21000 in backwages owed to me by a previous employer. Never let a business owner make an excuse for why they can't pay you.
You make the most insightful, easy to understand content! Thank you !!
I appreciate that!
i have never known what arbitration was until i found your videos. You are an excellent educator and i have learned so much. knowledge is power and i feel so good, well informed and on my way to knowing what i should have from the beginning. Trust in a workplace is not in my vocabulary anymore. Thank youp Branigan for making these detailed clear videos. i have subscribed and will watch every video you make !
22:13 wait but what if they just provide an employee handbook electronically for you to read and thus they don’t keep a copy of it in your HR file and only the signature page?
With maybe a few exceptions: In the last 5+ years, every debit card, lease, job form that I have come across, included a mandatory arbitration agreement. As well as every cell phone, and certain apps. Most recently, for a S10 phone, is set up to rely on having a Samsung Account. The arbitration agreement is there and none too consumer friendly. (I refuse to open an account.)
There have been one or two arbitration clauses that presented themselves as fair and reasonable, possibly beneficial. But those are few and far between.
Indiana state legislation has ignored any purposed bills offering ANY protections for employees since 2010. (Credit background checks, arbitration, overtime, etc.)
What if an arbitration agreement was signed with your union? Are there still these same disadvantages? What if your union is not transparent about what goes on in arbitration
I'm pretty sure that the company that's hiring me doesn't have an arbitration clause in their hiring paperwork, but I'm still quite glad to have watched the video so that I'm better informed about it. Thanks!
How on Earth is this legal?
Forced arbitration should be banned completely whether it's an employee or consumer arbitration, since it always favors the companies or businesses. In today's society, there should be a law or bill to protects the consumers if they don't want to sign or agree to the MANDATORY Arbitration that the businesses FORCE the customers to sign before providing the services or products. Arbitration Agreement should be an option to the customers instead of a forced agreement. If the customers choose to opt out and not agree to the arbitration agreement, the businesses CAN NOT refuse providing the services or products to the customers. Customers believe that Arbitration is an UNFAIR practice to resolve a dispute and should be banned, since arbitration is always in favor to the businesses and not the customers. Arbitration could lead the businesses to cheat and do more harms to the customers and can get away with it. If arbitration has to be in the contract, make it as an option for the customers to opt out and not a requirement for providing services/products. Business dispute should be resolved under the court of laws and not based on the biased subjective opinions from the arbitration. Thanks.
Wish i had seen this 7 months ago. Everything you said is right on the money.
Who is he talking to at 19:07?
Hi Branigan, You mentioned if an arbitrator rules in favor of the employee, the lawyer will likely reach out to their lawyer buddies to not hire that arbitrator. Is it highly likely that HR will reach out to their network of "buddies" such as within an HR solutions company that works with several hundred to thousands of HR personnel to destroy an employees opportunity or plot a ruse to hinder your chances and winning a case? I.E. they reach out to other company CEO's whom they work for and have them hire you before being terminated at another company to hinder your chances at being unlawfully terminated? If it is done by lawyers isn't it more likely to be done by human resources personnel?
Suppose you’re pursuing a class action and all of the class members have an arbitration agreement. The company is now claiming that their own arbitration agreement is unenforceable and that arbitration is not the appropriate forum to adjudicate the claims. Any idea why they would want to back out?
It's possible that this is one of those rare situations that the company would rather deal with a class action in order to fully settle a widespread claim. It's possible that the individual claims are big enough that the attorney for the workers is willing to arbitrate hundreds of claims. If that is the case, fighting hundreds of arbitrations would be more expensive than settling one big class action. That is one possible explanation. But that applies to a rare kind of circumstances.
Once again, thank you Branigan for your insight on this matter. It helps to know.
The arbitrator conflict of interest sounds a like testing labs as described in a ted talk about car seats. The guy had trouble finding a lab who would agree to do a slow motion test comparing booster seats to seat belts side by side because the car seat companies are their primary clients.
I am always late to work, turning in my reports late and everyone is telling me i smell of BO. I think I might get fired, can I make a false claim (that I am being harassed, discriminated or something) to save my job? If I make a complaint, my boss cant fire me because it would be retaliation right? Or can they still fire me and file criminal charges against me with the District Attorney?
Branigan, you are killing me. I wish I would've never disclosed.
The downside of your videos is that every word you say is relevant and interesting, which makes it impossible to want to skip some parts. One has to either watch the whole video of over 30 minutes or leave for another time.
2x speed for the win here, very useful for the information side of youtube
Can you get an arbitration agreement nullified if you weren't the actual victim of sexual harassment but part of your complaint is that you were retaliated against because you submitted a complaint form for sexual harassment?
I think the federal courts should outlaw Arbitration PERIOD. And your right I turned down many things and REFUSE Arbitration terms.
The fact that arbitration is even allowed in our legal system is frightening.
I’ve been hired by a new company and hidden in the esign documents, was an arbitration agreement. I caught it, and didn’t sign it. 😁 I’m taking option 1, and going to wait and see if they notice.
I am glad you brought up that they spend millions to put a arbitration plan to protect themselves. It goes to show how these company think and how the American system is. If you do the right thing from the beginning your legal issues will be limited. You mentioned something about arbitration limiting rights. You can't limit a right. That is constitutionally ILLEGAL. It is called a right for a reason. This proves again that it is not right from wrong. It is who have the most money and resources. Again, these judges and politicans know nothing about economics and this is why this country will forever be a financial roller coaster for the hardworking. If your protect the the big guys, then how will money circulate when the small guys are the spenders and keep the big guys in business. I do think people who look for trouble to sue companies are sum bags, but don't let problems fester in your company, then demonize the person who is innocent. Again! In your previous video I mentioned psychology. Numbers and basic psychological principles never lie. Let's use psychology again. The justice system loves to positively reinforce negitive behavior and this builds confidence to keep doing wrong until the entity gets out hand vs taking away arbitration privilages and when they F up, they are forced to do the right thing. As a company, why the hell would I want to spend tons of money to offset liability when I know that there is still a possibility of me paying regardless of the sum? I would rather stay on top of liability and spend less money. I keep telling people that the leaders in this country logic and reasoning ability is so flawed that they screw over themselves sometimes.
At my current workplace you don't sign an arbitration agreement. It's in effect by default and you have 30 days to sign a document to opt out.
If during that 30 days you're led to believe that opting out will put a target on your back, you later have cause to take them to court, and they file a breech of contract counter suit would it be possible to get it thrown out by claiming coercion?
Hello, I negotiate Union contracts. Do you think it would be beneficial to remove language that when a grievance can not be settled the Union and the Company may seek arbitration?
Question: if companu found at fault.. dont they also have to cover your lawyers fee ?
On a side but related note. Don’t ever work for Landry’s. They make you sign an arbitration agreement. I used to work for RFC at Disney Springs and management did a lot of messed up and often illegal things to their employees that corporate would consistently cover up while hiding behind their arbitration. The executive chef sexually harassed and assaulted (grabbed) multiple women employees and he was never fired, they would just transfer the victim. I was physically assaulted by the same chef because I said a curse word in casual conversation with a coworker while in the loud kitchen. Management avoided me when I asked to talk, so I called corporate HR, who after their investigation they called me a liar and then lectured a grown man, that had served in the military, on inappropriate language. The guy who has had no previous issues is a liar, and the guy with multiple reports on him is telling the truth? They didn’t even believe that.
? Question ? I Work for a retail store in California who follows New Jersey laws. How? Do I still look into my rights in California or do I look into New Jersey? I don't get it .
Why can't we as a nation come together and refuse to sign any arbitration? I'm sure employers still need employees and will have to come up with a better arrangement.
Excellent video. I learned so much from this episode.
Just found your channel and it can be very useful for 300 million people.
Can you do a case study video? Like maybe Uber and any class action lawsuits they went through and the ins and outs and what they have done lately to change their position? As in do most companies do this and how can employees protect their LIVELIHOOD! It’s horrible working for some companies that don’t care about you and can do what they will to you.
If an arbitration case determines there is grounds for a class action lawsuit, and that class action proceeds with the involvement of the arbitrator, do the same arbitration rules apply, or has it become a different scenario?
Check out Robinson v. Am. Family Care, Inc. in Alabama
can you use #1 and #2 for other kinds of agreements? E.g., leases, loans, etc?
How do people usually fare with the unconscionability claim?
I feel like most employers I’ve worked for have an arbitration clause or something similar in the middle of their employee handbook and you can either sign the acknowledgment page or hit the road. I’ve never had much luck with bargaining power in that regard.
Plus it seems like most signing is now digital, no option to cross out specific parts.
Been waiting on this video thank you
Is mediation the same as arbitration? If u sign an agreement the how can u avoid
Off topic question: I am training for dialysis. There are several very complex tasks with many steps that I need to memorize but I have limited opportunities on the clock to practice any particular task. I want to go to the hospital on my days off and drill these tasks independently in a focused & low stress environment but my boss won't let me claiming they would need to pay me for "training."
1. Is this true if I am there without being told to and do not ask anyone work related questions?
2. I have been training for a long time and was told I either get signed off or fired in 2 weeks.
3. Throughout my training I have repeatedly asked for specific learning opportunities and never been accommodated. Each day I follow a peer RN preceptor who is responsible for my training.
*******OK. this turned in to a journal entry/complaint documentation. The quick law question is above, but I'll post the rest so I can save it later.
a. From the start I repeatedly asked to perform tasks (e.g. start blood access on pt) and my preceptor said they didn't think I was ready. Each time I would ask "I think I am. By what metrics do you think I will be ready? This seems like a distinct task that you can only assess me on by watching me try." This was mostly with 1 guy. (BTW, I've been doing IVs for 10 years and accessing a dialysis fistula is 10 times easier.) IDK if nationality is a factor, but my peers are 100% Filipino immigrants and the office culture is very much "you're a trainee. Do what you're told and listen respectfully." I became less and less aggressive with insisting to demonstrate skills. After 4 weeks my boss (who does not work on campus) called me and said not to go to work. Several days later he said my training wasn't fast enough and he was cutting my shifts from 12 to 8 hr. He said "By now you should be taking the reins of the day's workflow and show you can do a run independently." Didn't matter when I told him I wasn't allowed to by my peers.
i. A dialysis run takes ~6 hours. Half of that consists of doing repetitive assessments every 15 minutes. The other half provides one opportunity to practice some of the skills I need to check off arbitrarily based on the patient's needs. Most people start in outpatient clinics where you treat dozens of patients at once, but they are hard up for nurses and decided to hire and train me in the acute hospital setting. From the start my peers recommended management send me to a clinic for a few days to drill skills, but for no explanation, this couldn't happen.. Having my hours cut to 8 made no sense. The proportion of work time where I was meeting my learning goals was reduced. At the same time, I started getting anxious; I had flipped from thinking I was doing well following instructions to counting the days I had left. Despite this, even though I'm an autonomous professional 4 year BSN with 10 years experience, I was allowed no input in my learning plan. I was not even assigned a preceptor who could plan my teaching.
b. After this I had many different preceptors who did not know where I was in my skill level and gave conflicting instructions on how to do the job. Excluding one older nurse they all prioritized going home ASAP over teaching me, and seemed to think that learning how stressful nursing is was the most important thing for me to learn.
c. Teaching is part of a nurse's scope of practice. Anyone in the profession should understand that stress impairs learning. They are also expected to know that individualized teaching styles (e.g. verbal, written, kinesthetic) are required to promote learning. We literally check several boxes each time we treat a patient about this very practice. Yet I was repeatedly denied any consideration; I was told to waste my limited training time recording 15 minute vital signs when I requested to focus on other learning needs after a dialysis run was running smoothly. When I very specifically complained to my boss he had no arguments against my rationale for redirecting my time, yet he concluded "Go back to work and do what your [20-something, power-tripping & inpatient] preceptor tells you to."
d. Setting goals and planning how to get there is an even more core aspect of nursing, yet despite this my preceptors acted like my goal was not learning and getting my skills checklist complete, but administering dialysis to today's patient. Their plan on how to get there was randomly deciding to let me do some things by the seat of their pants. A preceptor, after surprising me with a task he refused to let me do earlier, literally told me to stop verbally reciting a procedure to him: "you should know this by now, go do it,". He also had his own methods for tasks and on 2 occasions, just to make a point, he dramatically removed sterile gauze I had placed per P&P because "that's a waste of time, you're in the real world now! you need to work fast!" Another time he said 'I noticed you do this procedure like the most experienced person here.' So I replied "yes. it's for pain management" and went on to explain. His response was to get butt hurt and say "oh! Well I guess you don't need me to teach you anything! I'll just shut up!" WTF? I thought we were having a conversation between peers, but apparently I had interrupted after a rhetorical question leading in to a lecture from his podium.
e. From this point I was erratically denied opportunities to practice skills, or spontaneously asked while in front of patients to perform tasks immediately with no time to prepare. I am continuously frazzled & even when I know what I am doing, there is the constant anxiety that today's preceptor does things different and thinks I'm incompetent.
QED, I want to go to the hospital and drill procedures on my own time before they fire me in 2 weeks. But after setting a final deadline and refusing to even acknowledge the above issues, my boss won't let me because I'd need to be on the clock.
It doesn't even make sense. Even if the other nurses don't like me, the boss is absent & gives no F's about the work place meliu. They've spent $10's of thousands training me and I'm so close... I'm just crap for memorization and stressed AF due to management's admittedly problematic training. I happen to have ADHD which is why my rote memorization is near non-existant. I have not made any claims under the ADA but as I am being (and expected to be) trained by nurses so I expected a basic understanding of teaching by my peers and honestly thought I was answering my post employment paper work honestly what I said I did not need and special accommodation.
Much appreciated thanks again
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If I have a he said she said sexual harassment case (no proof and no witnesses) can I still take my other charges such as Retaliation and Non-Accommodation against my employer to a jury and avoid arbitration -- California courts.
What about workscomp. Is cane of arbitration. We're I give the right to suit my employer because ? Please explain. If you will Please.
What a gem you are Branigan.❤ Incredible information.
What happens if you did sign this agreement. Does that mean "I'm screwed". Are there any options?
Use state law for arbitration to drop hints to the company about federal complaints that are right around the corner. The large company doesn’t want their fraud to go public. No one does. Violating certain. Federal laws can get them barred from seeking contracts. If you’re working for a state that receives federal funding, things can get tricky, confusing, scary.
I have a question regarding settlement negotiations. I just beat my former employer's motion for summary judgement and we're now entering settlement negotiations. A year ago they had requested a settlement demand letter, which I suspect is because they wanted to get a feel for how much we think our case is worth. We responded with an amount close to one million and now a year later, they've sent their first counter offer and it's 1.3% of what our initial offer was. I advised my lawyers to reject that offer but my former employer stated with their counter offer that they likely won't communicate another offer after the one they just gave us. Do you think they're bluffing? I doubt they'd want to take the one claim that survived summary judgment all the way to trial cause it doesn't seem like they'd win imo.
I don't know. I would rely on your attorney for guidance here. As much as I would like to offer my opinion on things like this, I can only do so for CA people who call my office. As you might expect, I have to be very careful about giving actual legal advice on a social media platform. There are all sorts of privilege issues and confidentiality issues.
Saying "this is my final offer" is a typical negotiating tactic. If what he's offering is way less than what you can win in court and you're likely to win then that's what court is for. If they really want to play hardball it sounds like it won't work too well for them.
They are scammers and when you’re employed part time already & the company wants to hire you full time. So if this happens to you make sure you read the documents before you sign. Don’t let the HR rep read it over for you because she will read it so you barely understand.
I wish I had a ministerial associate like Mr Robertson for church evangelism. He speaks intelligently and has a great way of making this deep topic interesting!
I read in the RN world, an RN was able to convince a group of RNs to challenge a hospital's practices & I think they won. 2nd case, a group of RNs banded together to influence a court ruling to prevent a precedent. Both cases were for different reasons, but yes, a ruling can be influenced en masse.
Hi Branigan, Im in California and wanted to ask if a case does go to arbitration for retaliation claim and you win does arbitrator award plaintiff lawyer fees? Also punitive damages? Thanks
Yes, the arbitrator can award attorneys fees and punitive damages if permitted by law.
I really like you. Your videos are comforting even though I'm not dealing with any of this lol
Hello! Thanks for all of this excellent content! Would you consider doing a video on the role of unions and employment law? Specifically, I’m curious to what extent we should know if we have a good union representative, or a union representative that is selling us out to HR. Thanks!
I have strong pending religious discrimination case with EEOC but I really not sure if I did sign arbitration agreement or not when I started my job. How can I know if the company has arbitration agreement? The company has union but I’m not part of the union contract..
The fact that if you have a harassment case feels like it’s pointless to fight against the company that you work for if you signed a document that you must go through arbitration smh.
I can understand why it might feel that way. But, as I discussed in the video, if you have a good case, you should absolutely pursue it even if you're stuck in arbitration. I give a bunch of reasons for this. Giving up just lets them get away with it.
What if it arbitration through a collective agreement. Is that arbitration different ?
If one lives and work remotely from New York but employed by a California based company. Which law will apply when it comes to labor laws and arbitration? Thx
There isn't a way to cross out arbitration clauses in HR paperwork and in the employee handbook with disclaimer notations because many companies have gone to the electronic signature process. There are even electronic acknowledgment requirements at the online job application stage.
A number of years back a friend went through Arbitration to get wages and reimbursements their employer refused to pay. The amount owed was substantial but the Arbitrator awarded $4,900. However, the Employer never paid the owed amount. At that point the Employee was of course no longer an Employee. They tried to pursue the case to get their money finding out that they now were having to go through Small Claims Court due to how small the amount was. In Small Claims Court they won BUT when they went to their car in the parking lot the defending employer drove up next to them and said, “Good lock collecting. You’ve been TRUMP’ed”, and drove away laughing. Due to the amount of time and money my friend spent on trying to get what was legally theirs and that happening they gave up and moved on. Is this common?
Amazing content brother God bless You ❤️
Keep up the good work.
Great video I still think arbitration should be illegal lol, it would also be interesting to know tips about contractor type contracts as we usually just sign them and don’t really understand the fine print, specially foreigners.
If arbitration were fully abolished, it would overwhelm the court system. You think the process is slow now, watch how bogged down it would get. We need to fix/regulate arbitration so that it is equitable and preserve the limited efficiency in our courts. An appeal process allowing some form of judicial review would be nice.
@@joshuakesner4625 not a good enough excuse though.
Like there's a reason why unions exist, and just like signing a waver which does not excuse negligence, arbitration means nothing if you fucked a lot of people.
@@joshuakesner4625 nah bro this ain't it chief
Unfavorable and unfair contracts can be rescinded. If I were ever to find something that was unfair to me in any contract, I would rescind it and take it to whatever level necessary to resolve it. In my world one has to show in one hand to receive in the other. I take adverse action quite seriously.
What if you have a time limit to file your claim? We have 10 days. What about mediation?
Can i reopen
Arbitration because of injury occured at work and i just find out
Is salary adjustments illegal? Like your salary is adjusted to lower value than the previous year.
Just a question, if I have a wrongful termination case, does it hurt your chances by waiting months after you’re officially terminated to bring a case? I’ve heard that it has to be done right away but one of my key witnesses was being held wrongfully on probation by the company and I don’t expect anyone to risk losing their job even tho they are in the right. Am I screwed for waiting? Or is this even relevant for halfway decent lawyers? I understand you’re busy and would like an opportunity to just share my story just to see if you think the case is winnable. I will keep it as short and concise as possible if you have a few minutes of your day that you can just give your honest opinion if you would think the case would be worth taking if I happened to live in your state. Thanks.
Thank you! I will be doing exactly what you say.what about that question about if I have been a party in a lawsuit. I’m inclined to lie and say nope.
The EEOC has mediation. Is this also skewed like arbitration?
What about DocuSign type of documents? Can’t cross those out?
What’s “restrictive clause” or May be I am not saying the term correctly! I have been asked in several interviews similar questions! Thank you in advance
How fast would I get fired if I just popped "Hey peeps, we should unionize." into the main teams chat?
What excuse would they use? On paper I'm a model employee that's been there over a year so they'd have to make something up afaik.
If the company changes a significant term in their employee handbook describing how they tally issues or write ups, could it change the conscionable-'ness of "the deal" up for arbitration. -especially if they refuse to give you an updated employee handbook ("oh we're out right now" every time you ask for one) or reasonably disclose the changes? ...Thank you for these videos!!! Wish I had this a long time ago!
Hello:) what if I have it on email from a hiring manager.. explicitly stating that they cannot accept people from my country... Do I have a strong case ?? I got a video of it and they have no arbitration on their offer letter...
That sounds like good evidence. If you were denied a job or fired, you should call a lawyer in your state for a consultation to get it properly investigated.
@@braniganrobertsonlaw Mr. Robertson I need to talk to you, I am not from the US, but I don't want to be a pest ... I need solid advise but that's not possible in my country. So as one human to another, may I call the number you listed at a convenient time of yours.
Thank you for the knowledge.
Do you have any videos that address EEOC discrimination complaints and mediation?
🌈💚💒happy Easter 2023! Much love to you! I enjoy your entertaining videos.♥️
Is it legal for Walmart to have costumers agree to arbitration to shop online?
What if I sign the arbitration agreement, but not in my name. Let's say my name is Tom Jonas, but I sign the name, Tom Jones? I once met an actress who signed a contract as Daffy Duck. They wouldn't let her take home a copy of the contract until she signed it. So she signed a different name, took it home, had it reviewed by a lawyer, discovered it was invalid, and because she signed a different name, it was rendered unenforceable.
We don’t have peers in America; just one class of citizenship. “Jury of one’s peers” is from Magna Carta, and was to protect the nobility from the crown. We don’t have nobility in America and a lawyer should consider dropping this misnomer.
I was tricked into signing a lease but didn’t know about the 14 days to vacate. I can’t find a new place to live in 14 days what do I do? I was laid off with no reason?
I feel it was retaliation but would like to speak to someone about it.