Arbitration agreements & violations of rights

Business Law

Hello

I was wondering if anyone had experience with this. I worked a white collar, finance job that is all commission and where the company acquired leads which were distributed to loan officers.

I was at the company for about a year when issues came up. I was transferred to a different manager who refused to accommodate my physical disability. After a while, she questioned if it was real at all, or I was "making excuses".

I was eventually put on unpaid suspension until I could "prove it". They took all my clients without compensation and withheld any further commissions. This was during COVID and the timeframe to book 5 neurologist appointments necessary to prove it would have taken months. Eventually, they let me return without accommodations.

After being there for an additional 60 days or so, I received less than 1% of inbound clients when previously I had received about 10%. Additionally, as everything was measured and reported, i had a top-3 conversation rate, perfect reviews from clients etc. There was no empirical reason for my business to be cut off. During this time, the company also emailed my medical records by mistake to the whole company via reply all on email. A couple months later, I was fired with one other person and was told it was "downsizing"

I have been approved to sue by the EEOC after a lengthy process, but I just got a message they are trying to say it must go to arbitration.

It is true that when hired there was an arbitration clause in the employment contract. The way it is worded, however, makes me feel like it isn't applicable.

"Except as provided in subsection (b) below, the Company and I agree that any dispute, claim or controversy concerning my employment or the termination of my employment or any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be settled by arbitration"

To me, the term "controversy" does not equate to an EEOC violation and malicious damage to my career. Surely that doesn't protect the company from lawsuit from literally anything... right? I read that much more so on the run-of-the-mill dispute about compensation, hours, overtime etc. Not where they literally sent medical records to hundreds of people, lied about my performance and withheld money that I earned

Posted Aug 30, 2024, 12:06 PM UTC

11
Loading comments…