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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
