> The ruling, awarded without proper notice by an emergency arbitrator (a non-court mediator that is part of the American Arbitration Association), actually said nothing about the truth or otherwise of Sarah’s devastating claims in her book. It made no mention of defamation. Instead, it relied on a non-disparagement clause in her severance agreement with Facebook to silence her.
It's well past time to rein in arbitration.
It really should be treated like small claims court; only permissible up to a point. Once it's high-stakes enough, real courts should be in play.
So what happens if the author ignores this judgement? Surely arbitration can't send someone to prison. According to the web they still need a court to even confirm a monetary penalty.
Honestly, I would be all for outright abolishing arbitration. I have yet to see anything actually good come out of arbitration other than a ruling that protects the entity that forced arbitration in the first place.
Arbitration does help with the problem of overwhelmed and expensive courts. What is needed is fair arbitration.
The outcome should approximate the outcome of the full court proceeding.
Make the arbitration rulings appealable in court on the basis of factual errors, errors of law, corruption, and potential errors by omission (i.e. failure of discovery). And make the company responsible for the full costs of the litigation if the arbiter's judgement is overturned. And punish the arbiter, perhaps a 2 year ban on accepting any case from that industry.
I'm sure more adjustments would be needed, but it should be possible to get both the arbiters and the companies to want arbitration to be a faster, cheaper route to the same outcome as the courts, rather than a steamroller that avoids all accountability for the company.
I want the court result for free and instantaneously.
Barring that, faster and cheaper is better.
Simply limiting discovery, counterbalanced by loosened rules of evidence, followed by allowing specialist arbiters and avoiding the multi-year wait for a court proceeding seems to be faster and cheaper. There is a small error introduced by allowing discovery of 1,000 pages of emails instead of 100,000, and by allowing hearsay or affidavits, but probably most disputes would not strictly depend on deposing a dozen people and interpreting the 23rd box of company documents.
Then fix the court system? Create more courts, hire more judges/clerks... I mean, I know it isn't "as simple" as that, but that's the proper solution instead of creating a half-legal half-favoritist system where a company can force you into arbitration where, more often than not, the arbitrator is paid by the company, and therefore rules in it's favor.
Or reduce the demand on the legal system? Just adding more expense to an outright broken thing isn't an actual fix. It's a half-measure patch at best. And no, I don't mean create a workaround like arbitration.
Why do court cases take so long and suck up so many resources? Start with that. Perhaps reduce the amount of legislation/laws/etc. on the books, and write laws that limit the litigious society we find ourselves living in.
That is of course easier said than done, but we've chosen this path and can choose to unwind it if we have enough desire to.
Nobody forced her to break her contract and thus come up against that. She would have been perfectly fine on the leftovers from ~$500k/y while searching for her next job. The parent makes out like she simply had to get the extra money, lest she starve to death. Which is patently ridiculous.
I agree with you there, but I think that may be the only reason this app isn’t cast in a darker light.
I can also imagine that with SF living expenses that there are a lot of people without a big safety net
I don’t really mean for this to be related to any one person. The general population doesn’t have a choice but to sign terms and get the severance , in general, in America
It's Hacker News, not I'm Thirteen And Just Discovered Anarchism And It Sounds Cool Because Now My Parents Can't Tell Me To Brush My Teeth Before Bed News.
But your glib response above was just to quote "the law", like this was a sufficient justification. If merely quoting the law is enough, then great, we already justified perfectly the copyright and jailing weed smokers stuff. It's only now that you changed tack to make a different argument, which... I mean I might disagree with or not, but it's not what I took issue with above.
She had serious debilitating medical issues from pregnancy where she lost a ton of blood and was in a coma for several days and nearly died. Of course she's going to take her severance to help care for her family given the atrocious state of our healthcare system.
I hate seeing this down-voted. It is such an important warning to people here. Severance agreements are pretty strong. Also, be very careful of snap settlement offers.
So many of the greatest tragedies I've seen inflicted on people come from accepting an expedient way to get what is really a small amount of money quickly. So often the drive is paying the rent/mortgage or fear of losing health benefits. If you are in a bad situation and offered a settlement and you really feel like something isn't right please talk to an employment lawyer. Most US States have expedited processes for quickly resolving these cases, and the lawyer can help you a lot when you feel like your only choice is to take the severance.
It's well past time to rein in arbitration.
It really should be treated like small claims court; only permissible up to a point. Once it's high-stakes enough, real courts should be in play.