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?
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.
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?
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.
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!
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.
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.
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 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.
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.
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.
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
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!
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
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.)
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.
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!
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.
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.
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.
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
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.
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!
7:36 So in summary we are F... up's..! The rich is above of law and get away with all, that explains a lot, that is why in America anyplace anytime we have tragedies and the things get ugly or somebody get hurt with bullets, plain and simple, tremendous channel, tremendous educative lecture, million thanks Sir for your wise words, am suscribing right away, greetings from Chesapeake, Virginia...
If your employer does something illegal, can you just hand it off to the state employment department and let them handle it? Are they bound by any agreement that you signed? For something that is clearly defined as a crime (like wage theft, at least in my state) can you go to the police?
Great question. You can always file a claim with a Govt. Agency. The only problem is those agencies (EEOC & DFEH) have like 500 cases per person. So, they usually just issue you a right-to-sue letter and tell you to pursue the case on your own. So you end up back at square one. Plus, even if one of those agencies pick up and pursue the case, the chances you will get even a fraction of what a private lawyer like me can get is almost zero.
@@harlynn8 A right to sue letter only gives you permission to pursue the case. If you signed a valid arbitration agreement, you'll have to pursue that case via arbitration.
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.
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.
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.
I went to arbitration to get paternity leave approved. I had a feeling I would lose if it came to the hearing just because of everything you said. I got my thinking hat on and miraculously found my “smoking gun”. Submitted the document and the Insurance company immediately agreed to approve my leave and asked me to withdraw the arbitration (which I did).
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?
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?
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.
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!
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.
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?
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.
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.
A few things here. 1) People MUST sign arbitration agreements with employers because most all large and medium sized companies/employers require signature of the agreements. If people don't sign, they can't get a job. So it is sign or live on the streets. 2) NO contract should be allowed to remove basic inherent constitutional rights. Unfortunately it is allowed. 3) Most cases that go to arbitration settle well before the arbitration hearing (public court trial equivalent), without the arbitrator needing to render a judgement.
? 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 .
Aight I got a friend who works at a burger king on a us army base. He is not enlisted, active duty, or retired military of any sort and his manager is a very toxic boss who actively threatens writeups into immediate firing for miniscule things. If it goes to court, is it federal because it is on a military installment. (Mainland USA)
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?
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.
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..
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.
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 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!
My thing is when I got hired on at a really large company (still working there) when I was hired all of the employment documents were electronic signature.. I had no options to cross out any sections I didn’t want to sign… yes I could’ve asked to send hard copy’s with signatures.. but most aren’t thinking about this when you’re offered a job of a lifetime after college.. you are just not a big fish to make this argument or leverage a non arbitrary agreement.. lol. Idk this video is kinda blowing my mind and opening my eyes to a darker side of these corporate careers! I have no issues and don’t plan to leave my company and I doubt anything will ever happen.. BUT if it were to.. I’ll just accept my fate. Lmao
It's tough to modify contracts now without saying anything because many agreements are done through DocuSign. You can only sign what they want you to. No other modifications are authorized, and you can't submit the agreement unless all parts are signed.
This is why you print out the document, strike out the offending line, sign, then scan it back in. All contracts are negotiable. If they decide not to hire you then consider it a bullet dodged.
Maybe the whiteboard could be a large price of plexus that you write on , with a fixed camera angle shooting though it to give the impression of writing on glass, or writing onto…nothing
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?
I have a video suggestion, What is a former employer legally obligated to disclose when a potential employer is confirming references and work dates of that parsons resume? How can a person find out if they are following the law and not disclosing too much or incorrect information potentially making that person unemployable?
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’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
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
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.
I don't understand how arbitration can ever be forced if a law was broken. Broken laws are supposed to nullify contracts. There has to be a way to uphold the laws written by the government.
Fired from a machinist job. Very I'll trained as a button pusher on a very expensive machine. During a tool change, my help pressed the go button and the machine crashed. I was going thru my divorce at the time and needed to take time off that was approved by management. Next thing I know, I'm on the streets cause they fired me for being absent from the job too much during the months I was in court for divorce. They did not have a great leave policy and I'm possitive they fired me for the machine error, not even caused by my hands. Now I can't even get a reference from them for new jobs and they don't have records of me even working there for 2 years.
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.
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.
First, the Con Edison has failed to prove that Butler’s non-criminal consumption of a legal substance rose to the level of abuse or that Butler’s consumption of alcohol adversely affected his job performance or the public’s trust (whatever that is). Moreover, the only consequence of off-duty chemical substance abuse is that the employee will be sent for a JFE. Here, Butler was sent for a JFE on December 16, 2014 tested negative for drugs and alcohol. On December 13, 2014, Butler was purported observed by Officer Brito moving from the driver’s seat to the passenger seat a couple of hundred yards from the DWI checkpoint. Officer Brito did not testify that Butler was driving erratically or displayed other indicia of someone that was driving while impaired. The Union concedes that Officer Brito’s assumption that Butler’s actions were to avoid being identified as either a driver who had been drinking or a driver who might not have had a valid license is reasonable. It is also reasonable for Officer Brito to assume that if he could see Butler then Butler could see him. That assumption is not reasonable. Officer Brito also demonstrated his expertise and training in many facets of alcohol and drug testing but the only verified test result was the breathalyzer results. This is important because clearly Brito had an animus against Butler. Brito testified that Butler was quietly being difficult and when Brito was asked why he issued Butler a summons for refusing to test AFTER he submitted to a breathalyzer test Brito testified that Butler was walking out of the police station with a summons regardless. Butler was issued a summons that was so patently meritless that the Westchester District Attorney’s office did not even submit opposition to Butler’s motion to dismiss. (Union Exhibit “2“) The Union submits that Brito’s testimony is troubling. A police officer charged with upholding the law and who described himself as an expert in the observation of behavior under the influence of drugs and alcohol and who is also charged with knowledge of the NYS Vehicle and Traffic Law issued a summons that (based on his expertise) he had to know was invalid Brito practically admitted that since Butler gave him a hard time and wasted his time that night (because he did not engage in criminal conduct), he was going to give Butler a hard time. That hard time translated into the issuance of an invalid summons that forced Butler to retain counsel and utterly wasted the time of the Court that dismissed the summons that the Westchester County determined unworthy of opposition.
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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.
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?
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.
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.
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.
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!
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!
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.
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.
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.
The lesson about Arbitration is very informative, Educational & objective. love from Kenya 🇰🇪🇰🇪🇰🇪🇰🇪🇰🇪🇰🇪
How on Earth is this legal?
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.
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 💪.
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!
You make the most insightful, easy to understand content! Thank you !!
I appreciate that!
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.
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
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!
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
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.)
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.
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!
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.
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.
All employees across America need to know this essential information
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.
Branigan, you are killing me. I wish I would've never disclosed.
Excellent video. I learned so much from this episode.
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
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.
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!
7:36 So in summary we are F... up's..! The rich is above of law and get away with all, that explains a lot, that is why in America anyplace anytime we have tragedies and the things get ugly or somebody get hurt with bullets, plain and simple, tremendous channel, tremendous educative lecture, million thanks Sir for your wise words, am suscribing right away, greetings from Chesapeake, Virginia...
If your employer does something illegal, can you just hand it off to the state employment department and let them handle it? Are they bound by any agreement that you signed? For something that is clearly defined as a crime (like wage theft, at least in my state) can you go to the police?
Great question. You can always file a claim with a Govt. Agency. The only problem is those agencies (EEOC & DFEH) have like 500 cases per person. So, they usually just issue you a right-to-sue letter and tell you to pursue the case on your own. So you end up back at square one. Plus, even if one of those agencies pick up and pursue the case, the chances you will get even a fraction of what a private lawyer like me can get is almost zero.
@Branigan Robertson So basically, the "right to sue letter" from the EEOC does not give you the right to sue in a private sector?
@@harlynn8 A right to sue letter only gives you permission to pursue the case. If you signed a valid arbitration agreement, you'll have to pursue that case via arbitration.
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.
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.
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
I went to arbitration to get paternity leave approved. I had a feeling I would lose if it came to the hearing just because of everything you said. I got my thinking hat on and miraculously found my “smoking gun”. Submitted the document and the Insurance company immediately agreed to approve my leave and asked me to withdraw the arbitration (which I did).
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?
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?
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.
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!
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
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?
Much appreciated thanks again
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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.
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.
A few things here. 1) People MUST sign arbitration agreements with employers because most all large and medium sized companies/employers require signature of the agreements. If people don't sign, they can't get a job. So it is sign or live on the streets. 2) NO contract should be allowed to remove basic inherent constitutional rights. Unfortunately it is allowed. 3) Most cases that go to arbitration settle well before the arbitration hearing (public court trial equivalent), without the arbitrator needing to render a judgement.
How can this be legal? This is a set up for failure for the employees...
? 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 .
Aight I got a friend who works at a burger king on a us army base. He is not enlisted, active duty, or retired military of any sort and his manager is a very toxic boss who actively threatens writeups into immediate firing for miniscule things. If it goes to court, is it federal because it is on a military installment. (Mainland USA)
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?
What a gem you are Branigan.❤ Incredible information.
Amazing content brother God bless You ❤️
Keep up the good work.
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.
Could you do a video about Equal Pay/Lilly Ledbetter act?
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.
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..
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.
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.
can you use #1 and #2 for other kinds of agreements? E.g., leases, loans, etc?
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!
My thing is when I got hired on at a really large company (still working there) when I was hired all of the employment documents were electronic signature.. I had no options to cross out any sections I didn’t want to sign… yes I could’ve asked to send hard copy’s with signatures.. but most aren’t thinking about this when you’re offered a job of a lifetime after college.. you are just not a big fish to make this argument or leverage a non arbitrary agreement.. lol. Idk this video is kinda blowing my mind and opening my eyes to a darker side of these corporate careers! I have no issues and don’t plan to leave my company and I doubt anything will ever happen.. BUT if it were to.. I’ll just accept my fate. Lmao
I really like you. Your videos are comforting even though I'm not dealing with any of this lol
Thank you for the knowledge.
Very enlightening. I just don't know if this same system happens in the Philippines
Why not call it, "don't bother." This is exactly the opposite of justice.
What happens if you did sign this agreement. Does that mean "I'm screwed". Are there any options?
Been waiting on this video thank you
It's tough to modify contracts now without saying anything because many agreements are done through DocuSign. You can only sign what they want you to. No other modifications are authorized, and you can't submit the agreement unless all parts are signed.
This is why you print out the document, strike out the offending line, sign, then scan it back in. All contracts are negotiable. If they decide not to hire you then consider it a bullet dodged.
Maybe the whiteboard could be a large price of plexus that you write on , with a fixed camera angle shooting though it to give the impression of writing on glass, or writing onto…nothing
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?
Can do you a video about Right to Work laws and ways an employee can fight wrongful termination?
I have a video suggestion, What is a former employer legally obligated to disclose when a potential employer is confirming references and work dates of that parsons resume? How can a person find out if they are following the law and not disclosing too much or incorrect information potentially making that person unemployable?
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’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
What about workscomp. Is cane of arbitration. We're I give the right to suit my employer because ? Please explain. If you will Please.
Why does the 9th circuit suck so bad
Pure knowledge and education at its best
What if you have a time limit to file your claim? We have 10 days. What about mediation?
Great information, thank you for sharing..wish you success and good health always
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.
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.
"Justice" is not justice, "justice" is business.
Do you have any videos that address EEOC discrimination complaints and mediation?
The EEOC has mediation. Is this also skewed like arbitration?
Aren't contracts supposed to be subservient to the Law, not superior; if the contract is possibly protecting illicit activity, isn't it null?
I don't understand how arbitration can ever be forced if a law was broken. Broken laws are supposed to nullify contracts. There has to be a way to uphold the laws written by the government.
🌈💚💒happy Easter 2023! Much love to you! I enjoy your entertaining videos.♥️
Fired from a machinist job. Very I'll trained as a button pusher on a very expensive machine. During a tool change, my help pressed the go button and the machine crashed. I was going thru my divorce at the time and needed to take time off that was approved by management. Next thing I know, I'm on the streets cause they fired me for being absent from the job too much during the months I was in court for divorce. They did not have a great leave policy and I'm possitive they fired me for the machine error, not even caused by my hands.
Now I can't even get a reference from them for new jobs and they don't have records of me even working there for 2 years.
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.
Good job. Thanks for sharing!!!
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.
First, the Con Edison has failed to prove that Butler’s non-criminal consumption of a legal substance rose to the level of abuse or that Butler’s consumption of alcohol adversely affected his job performance or the public’s trust (whatever that is). Moreover, the only consequence of off-duty chemical substance abuse is that the employee will be sent for a JFE. Here, Butler was sent for a JFE on December 16, 2014 tested negative for drugs and alcohol.
On December 13, 2014, Butler was purported observed by Officer Brito moving from the driver’s seat to the passenger seat a couple of hundred yards from the DWI checkpoint. Officer Brito did not testify that Butler was driving erratically or displayed other indicia of someone that was driving while impaired. The Union concedes that Officer Brito’s assumption that Butler’s actions were to avoid being identified as either a driver who had been drinking or a driver who might not have had a valid license is reasonable. It is also reasonable for Officer Brito to assume that if he could see Butler then Butler could see him. That assumption is not reasonable.
Officer Brito also demonstrated his expertise and training in many facets of alcohol and drug testing but the only verified test result was the breathalyzer results. This is important because clearly Brito had an animus against Butler. Brito testified that Butler was quietly being difficult and when Brito was asked why he issued Butler a summons for refusing to test AFTER he submitted to a breathalyzer test Brito testified that Butler was walking out of the police station with a summons regardless. Butler was issued a summons that was so patently meritless that the Westchester District Attorney’s office did not even submit opposition to Butler’s motion to dismiss. (Union Exhibit “2“)
The Union submits that Brito’s testimony is troubling. A police officer charged with upholding the law and who described himself as an expert in the observation of behavior under the influence of drugs and alcohol and who is also charged with knowledge of the NYS Vehicle and Traffic Law issued a summons that (based on his expertise) he had to know was invalid Brito practically admitted that since Butler gave him a hard time and wasted his time that night (because he did not engage in criminal conduct), he was going to give Butler a hard time. That hard time translated into the issuance of an invalid summons that forced Butler to retain counsel and utterly wasted the time of the Court that dismissed the summons that the Westchester County determined unworthy of opposition.
Who is he talking to at 19:07?