You work for a company for 30 years, acquire a skill, and then join a new, smaller company doing the same job. You think you have reached a certain level of success. But, no, you have not. That is Teresa Jackson’s exprience. She worked for the Scooter Store in Newe Braunfels, Texas for over 31
Contracts
Most Voters Oppose Forced Arbitration Clauses
A survey of likely voters in 2010 shows that the American public is generally opposed to mandatory arbitration clauses found in employment and consumer situations. 59% oppose forced arbitration clauses found in the fine print of employment and consumer agreements. 59% of likely voters support the Arbitration Fairness Act, a proposal which would prevent these…
Former KBR Employee and Emotional Suffering
In my recent post, I talked about Jamie Leigh Jones losing her trial. Ms. Jones became a hero to many when she successfully opposed and overturned the mandatory arbitration agreement she allegedly signed with KBR. Since then, I now understand that Ms. Jones’ mother was called to testify and was cross-examined by the defense…
Former KBR Employee Loses her Case
Jamie Leigh Jones, who claimed she was raped in Iraq when she served as a private contractor lost her case. See news report. She had sued her former employer, KBR. A Houston jury rejected her claims of fraud and rape. Ms. Jones acquired some fame when she testified in Congress opposing mandatory arbitration in…
Texas Court of Appeals Overturns Arbitration Award
Arbitration is not popular with many people. Part of the problem with arbitration is a lack of accountability. There is no appeal from an award by an arbitrator. There is often a lack of information about the arbitrator. In a recent case, we see what goes on behind some arbitrations. The Fifth Court of Appeals…
Stock Options Do Support a Non-Compete Agreement, After All
The Texas Supreme Court has ruled that stock options will indeed support a non-compete agreement. See last week’s Texas Supreme Court opinion in Marsh USA Inc. v. Cook.
I previously wrote about this case here and here. The Dallas appeals court had found in 2009 that stock options would not support a covenant not…
Study Shows Arbitration Favors Employers
Alex Colvin of Cornell University has published one of the first empirical studies of arbitration in the employment context. He looked at the reports submitted by the American Arbitration Association, one of the leading providers of arbitrations, in California. The study looked at 3,945 arbitrations, of which 1,213 were decided by an arbitration award. See…
Coach Leach Appeal Denied
You cannot sue the state without permission. This law is as old as the United States. The principle provides essentially that a state must waive its sovereign immunity.
Coach Mike Leach has run into this challenge when he sued Texas Tech for violating the terms of his contract. See report. Coach Leach claims…
Arbitration Award Set Aside Due to Bias
Arbitration is becoming a way of life for consumers, employees and many others. Arbitration formerly was only used in the labor union context. Now, arbitration clauses are everywhere, even at one Whataburger front door. See my prior post.
Arbitration makes more sense for the labor union context, because arbitrators have incentive to remain…
Arbitration Clauses Here, There, Everywhere
Arbitration clauses are everywhere, from employee handbooks to automobile purchases to purchases of electronics. Now, we even find arbitration clauses posted on the front door of a Whataburger. See post. The "American Mediation Association" mentioned in the post is actually a Dallas law firm.
As Workplace Prof mentions, one day we will…