Re: Binding arb clause in new contract--unfair?!

[Keith Arnett <keith_arnett -at- RESTON -dot- OMD -dot- STERLING -dot- COM>]

Randy <ghost -at- NETAXIS -dot- COM> at INTERNET wrote:

> B) My real objection is that the new contract has what I consider to be
> an extremely severe binding arb clause; it asks me to waive *all*
> rights to go to *any* court, whether state or federal, for *any*
> reasons, including violations of any local, state, or federal laws. The
> mediator would be J.A.M.S./Enddispute of New York, NY.

     I'm no lawyer, but I don't believe that it is possible (or legal) for
     you to totally waive your constitutional rights via a business
     contract.  If you consult a lawyer of your own, I think you will find
     that this clause would be non-binding.

     You might even be able to get free advice by contacting your state's
     attorney general's office, or a lawyer for your state's labor
     department.

     I'd consider this a big red flag, and proceed with caution before I
     entered into any long term relationship with this organization.

     Good luck,

     Keith Arnett
     Technical Writer
     Sterling Software, Inc./Operations Management Division
     Reston VA USA