The Employer’s Arbitration Manifesto (if they just told the truth about it)


By accepting a job with this company, you have agreed to the company’s ARBITRATION AGREEMENT.  The following explains why I, the employer, can do this.

I am POWERFUL.  YOU are POWERLESS.   I therefore can CONTROL every aspect of our relationship.

You are easily replaceable.

I have no reverence for you, or your struggles, or why you need this job.

I will dictate every aspect of your job.  How much you will be paid.  Your hours.  Your benefits.  Your duties.  It is non-negotiable.

You have no guarantee to work this job tomorrow.

I can fire you for almost any reason, or no reason at all.

I will force you to give up your constitutional right to a jury trial before your peers.

If you refuse to agree to my arbitration agreement and refuse to give up your jury trial rights, I can and will fire you.

I will force you to submit your legal claims to an arbitrator who will be paid thousands of dollars by me.

I have probably paid this same arbitrator several times in the past for deciding cases against my company.

You will never know how this arbitrator has decided past cases against me, nor will you ever know how much I have paid this arbitrator in the past.   Of course, my lawyers and I will know.

Arbitrators will know that their decisions against me will determine if I accept them for future arbitrations, which could result in them losing tens of thousands of dollars in future compensation.

Your challenges against my arbitration agreement will be almost futile because I, and other like me, have POWER over many elected officials and judges who run for re-election or seek appointments.

Judges will rule that you “voluntarily contracted” with me, and “agreed” to give up your jury trial rights in exchange for working here.   We both know, however, you have no bargaining power to contract or negotiate with me.

The Seventh Amendment to the United State Constitution guarantees a right to trial by jury in civil cases.   It is clear and unambiguous.   Yet I have stolen your inherit right as an American and you can do nothing about it.

I have the POWER and I will maintain CONTROL over you, the POWERLESS worker, until (1) uncompromising and brave jurists begin to take action by recognizing the TRUTH, or (2) Americans demand change and take action against those employers that force arbitration agreements against their workers.

TRIAL BY JURY is your inherent right preserved by the framers of OUR CONSTITUTION.  It cannot be stripped away in exchange for a job.   You should not have to choose between feeding your family and exercising your legal rights.

Sine Fine.

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John Wenke is an Employment Law Attorney practicing in the area of employment discrimination, wrongful termination, retaliation, and sexual harassment. Mr. Wenke represents employees in Texas and New Mexico, including but not limited to El Paso,  Las Cruces, Alamogordo, Pecos, Marfa, Alpine, Presidio, and Del Rio.