The Fight to End Forced Arbitration Nacht & Associates, P.C. Attorneys Ann Arbor Michigan

The Fight to End Forced Arbitration

Posted by: David Blanchard
July 13, 2010
Topic: Employment Law

Most Americans go to work each day without a thought about the laws that govern their workplace. They assume that the various state and federal laws will protect them, that the laws are fair, and if they are treated unfairly- bullied, harassed, discriminated against, or otherwise have basic civil rights denied-they can at least have their day in court. Our constitution guarantees a right to trial by jury, right? Not so for millions of millions of Americans who have been forced into signing arbitration clauses as a condition of employment, or even just for the right to apply for a job.

Our Michigan courts and the federal courts have increasingly allowed unreasonable and downright sneaky attempts of employers to ban lawsuits from their employees in "arbitration clauses" hidden in the fine print of employment applications or the pile of documents presented to the common worker at the time they are hired. We know that people rarely read the fine print at these times. We know that the last thing they are anticipating is the possibility that a new employer will break the law. The only thing on an employee's mind is getting the job, and where the next paycheck will come from.

At Nacht & Associates our job is to fight back against these unreasonable contracts of adhesion. Our job is to fight for your right to have civil rights claims decided by a jury, not in a secret unappealable decision by an arbitrator chosen by the company. We fight back with the constitution, laws, and all tools available to us, but the law is stacked against our workers. The real solution needs to come from out legislature.

Earlier this year, Congress made a huge step forward by passing the "Franken Amendment" to the defense appropriations bill. Now, thanks to Senator Franken, defense contractors who expect taxpayer money may not use forced arbitration to deny employees their civil rights. Unfortunately, the law is temporary and must be renewed each year, and it only applies to contractors receiving over one million dollars in federal funds. The real solution is to ban the practice of forced arbitration clauses pushed on employees before they even have a dispute. That is why I joined my colleagues last month on Capitol Hill, fighting for the rights of Michigan workers, and the simple right to go to court. Right now Congress has a permanent solution within reach - the Arbitration Fairness Act. It has bi-partisan support and the vast majority of Americans of all political stripes support this sort of fix. The question is how long before Congress will act.

If you are an employee that finds yourself illegally treated and now forced into arbitration based on the fine print of an arbitration clause, the first step is to contact a lawyer that will fight for your rights - whether in court or in front of an arbitrator. The next step is to contact your representatives in Congress and tell them to pass the Arbitration Fairness Act. Tell your story. Tell them how the civil rights laws they passed decades ago can't even be enforced in court so long as this practice is allowed to continue. Tell them your right to a jury trial is not negotiable.

The Fight to End Forced Arbitration