Little Rock, AR asked in Arbitration / Mediation Law, Civil Litigation and Employment Law for Arkansas

Q: I worked for a national company that lies to everyone. I have an arbitration clause in my contract. Can I do anything?

They repeat lies and omit facts that could easily cost the customer tens of thousands of dollars- I’m sure they have done so many times. Most of their clientele is lower to middle income which is concerning. I think I can pretty easily prove that they conditioned us to repeat these lies. (BTW, they don't tell us that were lying.)They also mislead employees about earning potential. Most people quit before making ANY money. They work us like w-2 employees, when we are supposed to be contractors. I told my manager that I needed to focus on doing a gig app for 2 weeks, as I haven’t been fully paid what I’m owed, but I would still do my assigned work. He then complained about my lack of attendance at a couple of “mandatory meetings” (These meetings are pure motivational trash; there are three per week.) He then basically said that I couldn’t be on his team if I would rather work the app than do free work for the company. Now I won’t be paid my full commission.

1 Lawyer Answer
Samuel B. Edwards
PREMIUM
Samuel B. Edwards
Answered
  • Arbitration & Mediation Lawyer
  • San Francisco, CA

A: Where the arbitration agreement in your employment contract is an impediment depends on what you want to do. To the extent you want to sue the company for back wages or any other employment issue, the arbitration agreement would likely require that the claims be asserted in arbitration, rather than in court. However, that would depend on the actual language in the arbitration agreement and what it covers. To the extent you wanted to help customers/former customers bring claims, the arbitration agreement likely would not have any impact on those cases as most arbitration agreements only bind you to bring claims that you assert on your behalf in arbitration, rather than court. They do not impact the claims of others who did not sign the arbitration agreement. There could be other limiting agreements that you have, such as some sort of a non-disclosure agreement, that could impact your ability to help others bring claims. But, those agreements are not typically enforceable if fraud is involved.

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