What are these silencing mechanisms?
We break down these clauses so you can keep yourself and others safe in the workplace.
Forced Arbitration & NDAs Debunked.
You may be one of 60 million people in the American workforce subject to forced arbitration.
But what is forced arbitration?
Arbitration (noun):
A forced arbitration clause forces you into a secret chamber where your complaint will be heard, instead of allowing you to file a public lawsuit.
Let’s say something bad happens to you at work and you report it. Instead of bringing the case to a jury of your peers, which is your 7th Amendment right, an ‘arbiter,’ often selected by your employer, will hear the dispute and make a final and binding decision about the outcome.
The arbiter almost always rules in favor of the company. From the beginning, the deck is stacked against you.
THERE HAS BEEN AN EXPLOSIVE GROWTH IN THE USE OF FORCED ARBITRATION CLAUSES OVER THE LAST FOUR DECADES...
In 1991, only 2% of Americans were bound by forced arbitration.
In 2020, 60 million Americans were bound by forced arbitration and the number is growing exponentially.
Today, that number is around 82 Million!
At least ⅓ of workers in America are bound by non-disclosure agreements.
Non-Disclosure Agreement (noun):
A legally-binding agreement between two or more parties that prevents information from being shared with others.
When you sign an NDA, you may think you are only agreeing to protect proprietary trade secrets, but you are often also signing away your right to say anything about workplace culture or your experiences while working there.
NDAs can be imposed at any time.
WHEN WOULD YOU BE ASKED TO SIGN AN NDA?
When you interview for a job
On your first day of work
In exchange for a raise
In exchange for severance or a letter of recommendation
Sometimes an NDA is so strict you are not even allowed to tell anyone you are bound by an NDA.
Look through your contracts before you sign anything!
Clauses can be hidden at the bottom of an organization’s website, or under headings such as “terms of agreement” or “legal terms and conditions.”
Some advice → use the “find” function on your computer (Ctrl+F) and search for words like:
ARBITRATION
DISPUTE
CONFIDENTIALITY
NON-DISPARAGEMENT
NON-DISCLOSURE
We’ve spearheaded the passage of legislation in Washington D.C. to stop the use of these silencing mechanisms and eliminate toxic workplace culture.
JOIN OUR FIGHT TO CAMPAIGN FOR YOUR RIGHTS IN THE AMERICAN WORKFORCE.