Does the worker have any legal recourse? Should we consult an attorney and how much that costs?
I'd hate to do this and waste money - What does this board think?
17 replies (most recent on top)
That whole Arbitration agreement is just a very small piece of the puzzle. Just wait until your actual severance paperwork arrives. There's going to be a million releases that you're going to have to sign that you will agree in no uncertain terms that you will not litigate the matter at alllll. That will later become Exhibit A.
I was told by someone that works in home office legal that the arbitration contract signed has a lot of legal holes and vulnerabilities and that a good or clever lawyer can exploit those. Specifically around the way they released it. One could argue it was signed under duress due to the fact they basically told us to sign this or you’re fired.
Waste of the money you will need to support yourself after being laid off
I’m starting to think layoffs make sense if people like OP work for us.
I agree that arbitration agreement sort of prevents a lawsuit and is it worth the effort? I am one of the luckier ones that got to keep their job I guess.
Get a union people. If nothing else it would show the world how depraved this company is. No morals. No decency. Adjusters had no choice but to unionize since management treated them like dirt for decades. You have nothing to loose. Your jobs are being outsourced to India and bots anyway. Somebody call an organizer now. How much more can people take ?
If you could get past that little arbitration agreement what would you prove? We know those laid off were from all levels, all ages, all races, both men and women.
Take this energy and use it to find a new job. It will be healthier for you to do that.
They are laying you off and giving you money - what are you trying to file a lawsuit for? your job back? LOL. I'm not staying no where I'm not wanted! I am working my job at the same performance until my last day. Finally get the holidays off! Thank you Allstate.
Again, as someone else mentioned... Remember that "unimportant little document" that everyone had to sign at the end of last year, and if you didn't sign and turn it in then THE COMPANY was accepting your non-response as an oversight???
Well, that Arbitration agreement nixes ANY hope for recourse.
You should know that they would have at least covered their Corporate behinds before sacking 10,000 people.
Read over all your employment paperwork very carefully. The majority of companies today have arbitration clauses, some of which are buried in the fine print. Good luck finding an attorney to represent you in arbitration without spending an arm and a leg.
Even if you could force them to let you keep your job, would you really want that???
I was considered safe, and I’m applying for jobs everyday. I would have rather been let go with a severance. At least then you have time to find something better.
Class Action? Allstate has the money to delay and outspend any small legal actions. With an arbitration you may be able to force company to disclose your Talent Assessment results. If you had two years of Meets performance appraisals =35%, tenure = 5% and the results of the assessment can be proven to be unfairly calculated you "might" stand a chance,..
Not likely to do much because of you are still employed today you signed an arbitration agreement last year. These types of issues are ruled on by an arbitrator outside of court.
You are at “at will” employee, they can fire you any time for any reason. Unless you have proof you were singled out and discrimination against in a real way (race, gender, s-xual orientation) there is nothing any atty can do.
Tbh, you'd likely waste time and money trying to pursue legal action.
I don't think it'd be worth it.
google.com/search?q="legal+options"+site:thelayoff.com
Not sure if it makes sense, and yes it can be expensive. Maybe some lawyer can take you on a contingency?