08 Aug Discussion Forum 2 Arbitration and Class Action Su
Discussion Forum 2 Arbitration and Class Action Suits No unread replies.22 replies. Arbitration and Class Action Suits Many companies require employees to sign contracts that include mandatory arbitration provisions. These provisions provide that if the employee has a dispute with the company, their first (or only) recourse is to enter arbitration, rather than suing the company in court. Requirements for Discussion Posts Guidelines re discussion post formatting and requirements Discussion posts are a major part of your grade for this course. The following requirements apply to all discussion posts, unless I have posted something else on that particular assignment. Word Count, APA Writing Style and Citations Discussions must be between 350-500 words (total), correctly formatted in the APA Writing Style including all parenthetical citations and have a list of References containing at least three (03) authoritative resources one of which should be the textbook. You do not need a title page. I do not consider Wikipedia to be an authoritative source, although there is nothing wrong with using Wikipedia as starting reference. An in-text citation is required whenever you refer to, summarize, paraphrase, or quote from another source. For every in-text citation in your paper, there must be a corresponding entry in your reference list. Warning re plagiarized posts If I tell you that you have a citation/plagiarism issue in a post, I will give you no credit or only partial credit depending on the severity of the issue. If this issue reoccurs, I will give you a failing grade for the course. Responses to other Posts You usually do NOT have to make a response post to another student, so ensure that your original post is thorough, complete, comprehensive and contains the minimum word count and the proper number of authoritative resources. All answers should discuss United States law and courts unless you are specifically asked to address the legal system of another country. Responses are not requires, but if you have something interesting to say, I encourage you to do so, and I will count your comment. For credit, your reply must contribute to the conversation in a meaningful way. So if you like something you read, say why. If you had a similar or different experience, explain. United States or State Law Unless we are specifically discussing international law, your post should discuss relevant American law at the state or federal level. Also, please be very careful using sources from foreign countries like England and Australia to make sure the article is also applicable to the American legal system. I will not count citations to foreign websites as part of the required number of sources, unless it is absolutely clear that you cited the foreign site for applicable material. Unintentionally relying on websites from foreign countries with different legal systems results in confusing and usually inaccurate posts. Time Magazine (Links to an external site.) reports that 80% of the country’s top 100 companies use mandatory arbitration clauses. Of these 80 companies, about half of them also prohibit class action suits. Remember from reading the textbook that class actions are a way for plaintiffs with common claims to band together when it would otherwise be impracticable for the individual claimants to bring multiple lawsuits against the defendant. On May 21, 2018, the Supreme Court ruled 5-4 that this practicerequiring arbitration and prohibiting class action lawsuitswas legal. Here is an article by the Wall Street Journal (Links to an external site.) that explains the ruling. Justice Gorsuch wrote the majority opinion while Justice Ginsburg wrote the dissent. Both sides cited case precedent in their opinions.Discussion Questions Please answer the following questions:1. Why might an employer want to prohibit class action suits?2. What might an employee prefer a class action suit over arbitration?
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