Category Archives: Lawsuits & Lawyers

California’s Lawsuit Environment and the OC Register

I love reading my local news. The Orange County Register does a good job covering local business affairs. Jan Norman, covering small business, is a fantastic reporter. She is objective and fair. But I have a little beef with her recent article, “Business survey ranks Calif. 47th in lawsuit climate.”

The article is about a survey conducted by the U.S. Chamber Institute of Legal Reform (ILR), a national lobby group for big business. According to ILR’s website:

The (ILR) is a national campaign, representing the nation’s business community, with the critical mission of making America’s legal system simpler, fairer and faster for everyone.

Further down the page it states:

ILR aims to neutralize plaintiff trial lawyers’ excessive influence over the legal and political systems.

This is a ridiculous position. Plaintiff lawyers are consistently the underdogs representing the little guys. In general, they don’t have millions of dollars to throw at cases like the lawyers who were surveyed by ILR. Moreover, plaintiff lawyers don’t have the lobbying power that Corporate America has in Federal and State legislatures.

Read more after the jump….

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Filed under Class Actions, Lawsuits & Lawyers, Wages and Hours

Arbitration Clauses in Employee Handbooks Are Hard to Enforce

Arbitration agreements in employee handbooks enforceable?Many employees never even bother to read the employee handbook. That’s understandable. They are long, boring, and mostly full of lawyery language that makes the average joe want to shoot himself. I get it.

Well, many California employers have employee handbooks (as they should), and many of them include within the handbook an arbitration clause. What is arbitration and why should the employee care? According to the American Arbitration Association:

Arbitration is the submission of a dispute to one or more impartial persons for a final and binding decision, known as an “award.” Awards are made in writing and are generally final and binding on the parties in the case.

Arbitration basically is an alternative to filing a lawsuit in court. There are many advantages and disadvantages to arbitration. But I’m not writing here to talk about that. What I’m interested in, is whether or not they are enforceable. Meaning, if you sue your boss for sexual harassment, discrimination, or some other employment claim, can you employer force you into arbitration to take your claim out of the court system?

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Filed under Alternative Dispute Resolution, Lawsuits & Lawyers