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Unfortunately, California just changed this, and such a clause was enforced against Damore. I think it's a terrible trend and basically takes worker rights out behind the shed and shoots it in the head.
The only reason they wouldn't do this is if either a) Chevalier didn't have such a clause or b) they're going easy on a troon.
California is the most ass-backwards body of government I've ever seen. I agree with you on arbitration, and I think the reason why they're going easy on this troon is because they were partly responsible for the moral outrage that got Damore fired to begin with, if I had to guess.
Because I didn't write a good enough quality post, which is understandable. Feel free to write your own draft with documentation and the like if you'd prefer. I for one think I need to lurk more.
Question for you: at what point can a lawyer request an ex tunc effect to be applied to a lawsuit in the US? This grandfathering of the obligatory clauses seems like it's going to result in a loss of judicial insurance to every worker involved in an existing suit.
Question for you: at what point can a lawyer request an ex tunc effect to be applied to a lawsuit in the US? This grandfathering of the obligatory clauses seems like it's going to result in a loss of judicial insurance to every worker involved in an existing suit.
Without a change to the laws about arbitration that either limit mandatory arbitration clauses to certain causes of action or exclude certain causes of action from being arbitrable, there's nothing to be done. These clauses are enforced without regard for the public policy outcomes. If you sign them, you're fucked, and you can't get most common services and (in California) even employment without agreeing to this bullshit.