After the elections of November 2016, a lot of people felt some deep angst. For many, it was outright depression. After reality sank in, there were lots of Facebook posts that carried a similar theme: “We’re mad as hell, and we aren’t going to take this! We’ll fight for our rights! We’ll volunteer! We’ll work in the shelters! We’ll donate money!”A couple of months have gone by, and I hope the energy level hasn’t dissipated. Indeed, there are plans to march in Washington in protest of the incoming administration.I’d like to remind everyone, though, of something Tip O’Neil said: “All politics is local.” There’s a lot of truth to that. We can – and should – call and write our Senators and Congressmen and women, but let’s not forget that there’s another legislative body much closer to home that has the potential to impact our lives more directly. Right down the road in Jefferson City, a two and a half hour drive from my home (I know, because I made that drive at 5:15 this morning, in the fog), sits a State Senate and Congress poised to gut the rights of Missouri workers.They’ve been trying it for years. They’ve passed bills that took away rights given to Missouri workers in the Missouri Human Rights Act, and tried to limit protections for people who blow the whistle on bad actors. Until now, we had a governor who prevented those bills from going into effect. But as of 2017, the “last hope” of a veto is gone, and if we are not careful and watchful, the folks in Jeff City are going to sell our rights down the river to Big Corporations.There’s a lot we can do. I’m starting a journey I hadn’t imagined a year ago -- you’re reading my first ever Blog, the first of what I fear will be a series of updates on what is happening in our State Capital. What can you do? Volunteer, donate money, work in the shelters, sure. Those are all great and worthwhile activities. So is calling and writing the folks in DC. But I’m going to challenge you to look down the road to Jeff City on a regular basis. The folks there are accessible and need to hear from you.What started this? Today, I testified before the Senate Government Reform Committee, in opposition to SB45. Here’s a link. In a nutshell, this bill makes it easier for employers to enforce arbitration agreements between them and their employees.What’s “arbitration”? Arbitration is a substitute – and a weak one – for what you might normally think of as your day in court. Right now, if you are sexually harassed, passed over for a promotion by a less qualified, younger person, or treated differently in any way because of your age, race, gender, national origin, religion, or disability, in Missouri, you are protected by the Missouri Human Rights Act. Under the MHRA, you can file a charge of discrimination, and ultimately file a lawsuit, in court, based on that charge. But some employers are requiring employees to sign “Arbitration Agreements” that take away your right to a court case. Instead, you have to “arbitrate” the case in front of an arbitrator – usually, a lawyer or retired judge.
But here’s the thing. That arbitrator is paid by your employer. And while this is probably going to be the only time you ever use an arbitrator; your employer is going to use them over and over again. So, who do you think the arbitrator is going to lean towards? You? Or the company that is paying him in your case, and may use him again . . . and again . . . and again?Now, arbitrators are good people, don’t get me wrong. They do their best to remain impartial; they’re sworn to, and they take that oath seriously. But how comfortable would you be in a courtroom, knowing the judge was on the other side’s payroll?And that’s not the only problem with arbitration. You can get online right now and look up how many times Company ABC has been sued. Most jurisdictions have “electronic filing” systems that allow anyone to access court records. But not so with arbitrations. The filings are secret. And so are the proceedings. There is no public trial before a jury. Your “trial” is in a conference room in a law office, no reporters, no gallery watching. And if you win? That’s not public, either.SB45 also allows the employer to carve out claims they may have against you. For example, if the company wants to enforce a non-compete agreement, they can sue you – IN COURT – if that isn’t in the arbitration agreement. Nice, huh? They can go to court if they want, but not you. Fair?And here’s the kicker. SB45 says that you as an employee are stuck whether you agree or not. You don’t even have to acknowledge you were given notice of it. You are bound by the arbitration agreement if you are “notified in writing” and show up for work the next day. What does that mean? Well, how many of you have read every page of the employee handbook, or gone online on the company web site?And even if you did receive notice, and knew about it, it’s not like you can negotiate with the company anyway.If you live in Missouri, call your Representatives and tell them to vote against SB45. It’s going to be a long year, and I’ll keep you posted on the next bill that comes along – because I’m afraid there will be lots of them.
