Re:Google says its sex misconduct policy change doesn't appl...
by elliekelly on Tuesday November 20, 2018 @11:22AM
(#18495016)
It absolutely furthers the goal of maximizing profit. Arbitration is faster, cheaper, and typically benefits the company. It benefits the company by:
- Giving opposing counsel less time to request information/dig through the requested information to find evidence against you because the timeline is expedited compared to a typical court trial.
- The company selects the arbitrator. How often does a company need to select an arbitrator? Not infrequently. How often does the employee seeking damages need to select an arbitrator? Almost never. If the arbitrator wants more future work who do you think they're more likely to side with? Do you think they're more likely to award damages against the company at the high end of the spectrum or the low end of the spectrum?
- Limited PR costs. How many "big" arbitration cases have you ever heard of in the press? Not many I would guess. How many "big" court cases have you heard of in the press? Bad PR can cost the company a lot in terms of the bottom line but also opportunity costs. It's difficult to measure but there are certainly some talented people who will think twice about joining the company after recent PR.
- Giving opposing counsel less time to request information/dig through the requested information to find evidence against you because the timeline is expedited compared to a typical court trial.
- The company selects the arbitrator. How often does a company need to select an arbitrator? Not infrequently. How often does the employee seeking damages need to select an arbitrator? Almost never. If the arbitrator wants more future work who do you think they're more likely to side with? Do you think they're more likely to award damages against the company at the high end of the spectrum or the low end of the spectrum?
- Limited PR costs. How many "big" arbitration cases have you ever heard of in the press? Not many I would guess. How many "big" court cases have you heard of in the press? Bad PR can cost the company a lot in terms of the bottom line but also opportunity costs. It's difficult to measure but there are certainly some talented people who will think twice about joining the company after recent PR.