Former Red Lobster employees John Patterson and Jerry Robinson filed a complaint with the EEOC and a lawsuit in federal court alleging that their employer discriminated against them because of their race. In response, the restaurant preferred to dismiss the case and force arbitration. (Patterson v. Red Lobster aka GMRI, Inc., 81 F. Supp. 2d 681 (S.D. Miss, October 6, 1999)). In September 2016, Déjà Vu Consulting convinced a Florida federal judge to impose individual arbitration on the possible class action lawsuit of a former exotic dancer, who claims that the company wrongly classifies them and their colleagues as independent contractors and owes them unpaid wages. (Garcia v. Deja Vu Consulting, et al., case no. 8:16-cv-01193 (M.D. Fla., September 2, 2016)). HP maintains a workforce reduction plan (WRP) that requires each employee to sign an release to obtain a redundancy package.
The publication contains a forced arbitration clause that expressly prevents employees from settling any form of dispute in court. Forsyth v. HP, Inc. Rozik Parrish applied in 2001 as an area manager at Valero. To be considered for the position, Ms. Parrish had to sign an arbitration agreement that was part of Valero`s candidacy. She was hired and worked for Valero until she was fired in 2008. Ms. Parrish then attempted to file a complaint because the discrimination motivated her dismissal, but the company invoked her arbitration clause and forced her to sue her rights only in binding private arbitration.
Parrish v. Valero Retail Holdings According to court documents, Morgan Stanley expanded its dispute resolution policy in 2015 to require all employees to settle all claims arising from their employment with the company. At the time of introduction, all staff members who did not wish to be bound by the Arbitration Directive had only 30 days to unsubscribe. It is not certain that the opt-out remains within the framework of the company`s policy. Grant v. Morgan Stanley Smith Barney LLC Mr. Watkins was a salesman who supplied PepsiCo products. One night, Mr. Watkins` manager asked him to sign inaccurate delivery notes. Mr.
Watkins allegedly refused and subsequently filed a complaint against his manager for a possible theft. A few days later, Mr. Watkins was disciplined, allegedly for unrelated reasons. According to the company manual, this can only be challenged because of senior management or “independent arbitration”. Mr Watkins was suspended and dismissed less than two months after his report. Mr. Watkins complained unsuccessfully. Watkins v.
Rolling Frito-Lay Sales, LP, Frito Lay Inc. and PepsiCo, Inc. Yvonne Cardwell worked at Whataburger and sued the company after suffering an injury on the job. Whataber`s request to force the woman. Cardwell was admitted to arbitration by a Texas court of appeals. (The remains of Whataburg. LLC v. Cardwell, Case No. 08-13-00280-CV (Tex. App., February 26, 2016). According to the August 18, 2016 Reuters News article “Goldman Is Trying to Force Ex-Employees in fed Leak Case into Arbitration,” Goldman Sachs Group forced a former chief executive to arbitrate due to a dispute over the company`s obligation to pay attorneys` fees incurred by the former employee following a Federal Reserve investigation.