Re: Binding arb clause in new contract--unfair?!

Subject: Re: Binding arb clause in new contract--unfair?!
From: Keith Arnett <keith_arnett -at- RESTON -dot- OMD -dot- STERLING -dot- COM>
Date: Tue, 24 Mar 1998 10:25:45 -0500

Randy <ghost -at- NETAXIS -dot- COM> at INTERNET wrote:

> B) My real objection is that the new contract has what I consider to be
> an extremely severe binding arb clause; it asks me to waive *all*
> rights to go to *any* court, whether state or federal, for *any*
> reasons, including violations of any local, state, or federal laws. The
> mediator would be J.A.M.S./Enddispute of New York, NY.

I'm no lawyer, but I don't believe that it is possible (or legal) for
you to totally waive your constitutional rights via a business
contract. If you consult a lawyer of your own, I think you will find
that this clause would be non-binding.

You might even be able to get free advice by contacting your state's
attorney general's office, or a lawyer for your state's labor
department.

I'd consider this a big red flag, and proceed with caution before I
entered into any long term relationship with this organization.

Good luck,

Keith Arnett
Technical Writer
Sterling Software, Inc./Operations Management Division
Reston VA USA




Previous by Author: Re: Writing Samples
Next by Author: SUMMARY: FM to BookManager
Previous by Thread: Re: Binding arb clause in new contract--unfair?!
Next by Thread: Re: Binding arb clause in new contract--unfair?!


What this post helpful? Share it with friends and colleagues:

Sponsored Ads


Sponsored Ads