Can I Sign Alaska Banking Arbitration Agreement

Industry sign banking alaska arbitration agreement later

police departments and unlicensed appreciative of a dozen Minister and I'd like to thank you for joining me today today I'd like to talk to you on the subject of is an arbitration agreement legal in other words is it legal for a company to compel a potential employee employer applicants to sign an arbitration agreement as a condition of employment and I want to answer that question we need to look okay it's super your former employer for wrongful termination and win and this book will be available what is available on lulu.com I'm going to be adding in what I'm talking about today in the book now back in August of 2015 I had gotten hired as a customer service representative my job was to answer calls who was considered level 1 we answered incoming calls for customers and we would transfer them to the appropriate Department if we were able to handle the call ourselves which is what we did the first 30 days was in classroom training the second 30 days was what they call coaching and development which means that we were still in considered training but we were actually doing lab work so we were on the phones but there were other people aside from other departments that was assigned to help us okay now the third month and in proceeding and continuing from there on I was supposed to be actually just working on the job you know just supposed to be you know 9 you're working you know what you're doing in the end and do the job I was there for approximately a little bit two days over 30 90 days ok and after that I was terminated and I felt that I was wrongfully terminated and it just would not rest within my soul my skirt so the first thing I did was I wrote to the headquarters to see if I could get my job back and I didn't get it back okay they agreed with what had happened so after that I said now I looked on the internet and I decided that I was going to write to some other organizations which I did one of them is called the Equal Employment Opportunity Commission which is called EEOC and of the other one was the National Labor Relations Board which is an error on video now I would suggest that you write to both of them okay they may be either one of them could actually you know help sue on your behalf however EEOC can actually swim and get you big money if they win for you and NLR he will get the smaller money but nevertheless what do you say right now I'm not saying that they can't or they they will but that's you know if you go through NLRB you'll probably just get something like your vacation paid your mystification other I learned the earnings that you missed as a result to be terminated and a couple of other things and that EEOC I was really an article 4 method I've lived in Alaska and they seem to come work for what his manager had said to him out of place they got 3.5 million dollars okay start contacting them and I said let me see if they can help me it might even have a case at all so I wrote to them and shown up I have a case however EEOC they cleaned it out a few things that were actually wrong with what had happened and then it turned out that you know I have a case I have a lawsuit against me so now there I am suing I'm suing them and I sued and then not only just recently the plaintiff the defendant actually I'm the plaintiff the defendant actually answered I'm a pro se I'm handling this case myself without a lawyer okay and they the attorneys actually responded okay now to we're talking about is an arbitration agreement legal okay Kenneth employer compel an employee to sign an arbitration agreement and have it by day yes it is legal yes they can force you to sign an agreement but in some cases that arbitration agreement will be deemed by the court is unconscionable okay which means that they will not be able to uphold that arbitration agreement only providing that you signed it and agree to it okay now again I'm talking about my book sue your landlord sue your former employer I'm thinking about real estate so your former employer for wrongful termination and win and I'm going to include what I'm talking about today today's topic is actually is an arbitration agreement legal in other words isn't legal for a company to compel an employee to sign an arbitration agreement as a condition of employment and the answer is yes it is me however there are some times where the agreement will be she deemed unconscionable and what that means is that it will not hold up record that arbitration agreement even though you signed it will not be held cannot will not be at the judges discretion of course held up in court in other words it would be deemed forget it you know like you signed it but so what okay now the company the defendant I should say the defendants attorneys they responded and they answered when I I served them with the papers and I use the process server to do it okay well what happened was when I contacted the opportunity they were not able to handle the case because they didn't have grounds enough okay it wasn't solid enough for them to handle it okay so they gave me permission to sue in federal court now as I told you I have sued in absolutely landlord-tenant court I assumed in small claims court I asked in there's a Supreme Court and now I'm suing in federal court and I have we never what's the case praise God okay and I don't plan on losing this one either okay my goal my object was to work I wanted to work I mean to tell you how things and went so irate on that job I would just have gotten paid after working two you know two weeks at you pretty every two weeks and I would come home with a full paycheck really supposed to be happy ready to go out and do some things I was in tears I was bawling okay because if these were just so long and I knew they were wrong but I just wasn't sure how to handle it so you know the doctors gave me some pills and it relaxed me and now I take the pills now but it puts me to sleep but before I was able to function with the pill wide awake it didn't put me to sleep it off so I you know my blood pressure has gone down I'm much healthier now you know in terms of you know my you know how I feel and you know that I'm able to think straight as a result of not working it but I still AM pursuing the loss of the instant now what I want to do is I want to read you my answer and the reason why I want to read you my answer is to give you some ideas in terms of how and why an arbitration agreement may not be legal on the other I would say not legal but may not be held up record you know and a lot of times the employers they do that as a tactic to make us afraid and angry does they know that their employer is then the people who they have hired to supervise us do wrong you know and they figure that if they have you sign this arbitration agreement that you want sue and most people don't you know because they feel and you fear that that arbitration agreement is going to prevent you from winning the case but there are some things you know like for example some things that will be considered against the law like if if an employer rates you now visible hu you can just simply go to the doctor and have that spurn chested and they can test the perpetrators DNA and the DNA match that's open-and-shut case right there we suppose somebody to rape you let's get legal that overrides and supersedes any arbitration you believe it did you could sign with an employer okay and for example if somebody assaults you if somebody hits you that was superseded over any arbitration agreement because that would in itself is illegal on or off the job right I mean that's a legal right of every if you walk up and slap somebody you hit somebody I don't care how lightly you do it the fact that contact was made that's an illegal act because that was an unwanted act I didn't want it to happen and I thought oh gee you know I mean nobody wants to get hit come on okay so I'm gonna redo my answer and I'm gonna try to remember to be about the name of the company okay and I remember I'm the plaintiff and the company is the defendant so first what you need to do is when you know you did the instructions should be e BOC give me permission to sue in federal court they will give you a pamphlet worth of instructions plus they have lawyers that are assigned as volunteers to help us answer our questions but every time when I went there to get some answers the cop the lawyers that were there represented the burger company that I'm suing so it was a conflict of interest I could never get any assistance so I decided just to get the papers and just do it myself okay now that what the lawyers have did when they were up they threatened me he said you signed an arbitration agreement I said I said I doubt if that Bond's me for the rest of my life and so they said I well we're gonna compare on the court to dismiss your case and you know and put you to handle it with us or something like that so I said that's a must like that time scare me you know I'm not gonna stop doing what I do just because they threatened me they gonna compel the court you can't compel the court the judge makes the decision and this is what I try to tell everybody you know lawyers you can't tell the judge what you know usually the justice system is pretty fair it may not be as fair as we want it to be especially to you know to us folks but it's fair to an extent that we are allowed you know justice to a certain degree and if I had the money to hire a lawyer then I don't know if I'm hiring or not but I bet you I'd have a better case or not I believe you say that no because I can't even win and I think I know what I'm doing so the first thing I have is a notice of motion now I'm arguing against the defendants request to compel and stay in otherwise they want my case to be dismissed and I'll be forced to arbitrate with the company because they claim that I signed an arbitration agreement which I did not they sent me a copy of the paperwork devils supposed to be an arbitration agreement I want to show you what it looks like this is a screenshot of a paper that they said okay this is supposed to be an arbitration agreement now doesn't that look like they took a picture of it from the computer and my signatures nowhere on there okay now check it out please take notice that the other side will bring a motion to compel defendant to dismiss their alleged arbitration agreement and have the case when it have been a report and dismiss defendants request to compel instead I am asking the court to compel defendant to appear in court and Harvey in a manner in federal court and have the matter heard in federal court okay now my affidavit in support of motion this is we have to tell my story as to why I want to have this case heard in court this is a response to the defendants request a compelling state based on an alleged arbitration agreement i pressed of all I know nothing of an arbitration agreement or during or after my tenure with the defendant until now which was August 29 2016 when I first got a copy of that page that I showed you okay nor was the arbitration agreement discussed at orientation or at any time during my employee you know that I sign an arbitration agreement at any time you judge upon me saying I'll dismiss you know so I continue to argue and I did they had included attachments and I included attachments and what I called exhibits and what have you that I didn't include in my original complaint you know and I said I want to make this baby stick I want to use as many are as many requests any many things to argue my case to let the judge see why I should not be held liable to this arbitration agreement okay so now here it goes on to say this is the first time that I've been informed of such an arbitration agreement and the first time I received a copy of saying what they sent me looks like a screenshot of the photo rather no but I brought my complaint before the EEOC and the NLRB defendants attorneys were contacted by them defendants attorneys did not mention this arbitration agreement to them at any time until now EEOC has given me permission to file my case in federal court and keep and defendants attorneys were informed and did not object to ETL see your NLRB responses then so they should not be allowed to object now on their websites when I filled out an electric Apple electronic applications see the attachment seven there was no meant to click on to obtain a copy of the arbitration agreement please he attached arbitration agreement that was sent okay this must be the only one because I don't see why I put exhibits okay anyway I'm gonna read it to you and when I talk about a EEOC I attached the letter of the EEOC sent me and I attached a little that NMR be sent me now on that website when I filled out an electronic application there was no link oh yes and then when you see attached arbitration agreement that was sent to me by the defendants attorneys and a copy of the email dated eight twenty nine sixteen as you can see on the electronic form it says that the defendant it has in place of program that includes a arbitration as an exclusive means of resolving most employment related legal disputes in further states that I would be asked to review and agree to the arbitration agreement later in the application process and I will not be allowed to proceed further in the application process unless time until I have done so okay I was hired and I did not sign an arbitration agreement nor was an arbitration agreement reviewed and I did not agree to one and I'm not agreeing to it now so what that sentence is saying she cuz I'm a writer you know and I've always been taught to use common sense growing up and I know that lawyers only want to deal with facts so first of all just briefly going on with this computer you know completely just going over these last few things okay I did you see the defendant has in place what they call a program now I question that I would dispute that in part a tenant home I said first of all give them a program in place does that mean what a drug rehab program you know what kind of program do you have a first-time homebuyer program you know we'll have a problem when you talking about okay which includes a binding arbitration okay which reasonably Carbet raishin is binding okay arbitration means to settle our disputes amicably amongst each other without going outside you know to other sources which could be anybody [ __ ] your mama your daddy anybody yeah you remember I used to go to school and whatnot and somebody would pick on you and then your mom and your daddy would come to come knock went into our remember my mother my father didn't come either knock on their door and that woman came to the door with a frying pan she came with a cast-iron frying pans with me so that was browse enough for us and say okay we'll see you later so we knew that no arbitration was going on here okay so so what that means that saying is that the arbitration itself is binding okay and it says there that includes a binding arbitration as as an exclusive means for resolving most employment related legal disputes most what is covered on most legal utmost employment-related now what I want to read to you is not necessarily employment-related because I'm sitting at the computer typing is that employment-related okay okay let's okay I'm gonna go on brother law the force starts out by saying that the defendant has a pleasant program that includes the binding arbitration it doesn't say anything about a binding arbitration agreement or a forced arbitration agreement which employs a bound by during the employee and afterward and the reference to having a program can be inferred as a training or agenda not a binding stipulation okay defendant broke the law she committed illegal acts against me and she should be held liable for her illegal acts I was assaulted on the job by another employee I was discriminated against ridicule yelled at isolated and fired and among other things and the defendant wants to arbitrate now please defendant is no better than any other person who commits a criminal acts against another human being if the defendant handled industries when I complained about them during my appointment with them which they did not I may not have had to bring the matter to federal courts or to complain to EE C or NLRB or the Division of Human Rights and a host of other companies but defendant did nothing to resolve the disputes at all ever and now they are using this arbitration as their defense I am asking if they request me dividing compel them to compel estate I'm asking that defendant is compelled to appear in court and argue this matter and half the matter rate in federal court furthermore in auto versus Burger King where an employee alleged that she was raped by a supervisor while at work the Ohio State Court struck down a forced arbitration agreement signed by the employee the court held that the arbitration agreement was procedurally unconscionable given the disparity in bargaining power between the parties and substantively unconscionable as it sought to him through the claim of rape within its broad scope thus the combination of proceed and substantive unconscionability rendered the agreement unenforceable okay I argue dependence arbitration agreement as a whole and in parts defendant breached their contract and defended my former supervisor committed illegal acts against me what she documented in my exit interview papers and are included in my complaint of one of the documents and I included a copy of it in mind am I in this argument here I put exhibit up to that with the exhibit was okay she accused me of serious allegations which could not which could have cost me my freedom and the ability to find gainful employment elsewhere and documented these accusations in my ex identity papers in which I could not have committed because my job duties did not entail such such as being dishonest with organism regulators during investigations I never met an order and I never met a regulator I have no idea who these people off the plaza firing back statements while supplying bank records and falsifying customer backing looks I handle calls on the phone I never have touched the done document okay I never falsified any records I don't have access to do that we would pull up their accountants to discuss what the transactions they want to talk about we have no way of altering that we can't change that so she was accusing me of an evil act now which could have caught that be possibly consummated you know and then I would add a criminal record and I wouldn't be able to get a job nowhere you know not a blip not a decent job okay she would not allow me reasonable accommodations and firing me from putting a customer home I went to the restroom okay we have to put customers on hold while we handle the transactions that we don't handle like I said we have number one they don't handle everything okay sometimes a customer's long haul waiting to transfer it to another department wasn't all this 30 minutes but I was going to like three or four minutes so what I question is what's the illegal act was it the actual putting her on home or was the fact that I got up and went to the bathroom she doesn't I went to the bathroom okay so I would be arguing that in court okay I was a song in class and no one did anything about it what had happened and I was in the room with 20 all the co-workers and the trailer was president okay she falsely accused me of falsifying my timesheet which I did not shiron she they were fighting to keep me from getting out employment based on these false allegations and change and basis for termination so she could with the unemployment appeal see this and I've worked with him so I know what goes on behind closed doors okay she also falsely accuse me of dropping calls for the boy and slamming and gently misdirected calls with or without a class knowledge and glide transferring calls and she documents these dates at times in my exit interview papers she wrote all this down and signed her name to it this is over the shark-cage baby she partially accused me of insubordination to the supervisor neglecting job duties and responsibilities and refusing to perform assigned work absence from work without appropriate notice of supervisor approval violating the defendants policies for example the Code of Ethics prohibitions against illegal drug and alcohol use and falsifying reports and records wow this woman accused me of all that okay first of all I don't drink I don't smoke I don't get half okay defendant discriminated against me and documented her boys in the exit interview papers see exhibit so and so when she asked my co-workers why they did not raise their concerns earlier to her and they said that they were afraid but she did nothing when I confronted her about being assaulted she continued to know my concerns a complaint saying that since I had nothing else since I said nothing else in the matter that the defendant is assumed that the matter had been settled I just decided to keep my mouth shut because I wanted to keep the job okay employers are supposed to deal with each situation as it arises and resolve disputes in a timely manner and not let it go on for months like defendant do it turned to defend it three months to his opposition that could have been resolved in three minutes this is not a binding resolution for either of us my co-workers were us and they were afraid and that's why they didn't come to her sooner and some I was afraid also that's why I kept my mouth shut defendant is supposed to involve those who must live with the decision as perceived as being fair because they were not fair in their dealings they cater to my co-workers insides and did not address my concerns instead they fired me I was not treated with respect or fairness and to this day the defendant doesn't really know too much about my own she doesn't care the dnieper can't attack obtained attempt to obtain the facts about what happened and she brother engaged in protected protests of unlawful activity and willful violation of Age Discrimination Act of 1937 as amended entitled one of the Americans with Disabilities Act of 1990 as amended by firing me because I went to the bathroom a lot of custom that was placed on AH Wow she fired me for discussing what went on in the meeting that meant to my termination because I talked to one of my co-workers about the meeting and the only things that were discussed in the meeting was what happened to me in class okay as I said to you okay furthermore there's no legal requirement that I accept an arbitration agreement as amended resolving claims that could otherwise be presented to public court system so I choose to prosecute defendant in federal court if the defendant is allowed to continue with their arbitration I will suffer militay shion's on the relief that I could get in arbitration vs. public law that I cannot get in I cannot get an arbitration versus from the court rather well I don't believe that I'm bound by this agreement to arbitrate my claim since I didn't sign it and I wasn't and wasn't presented with and I wasn't presented with the arbitration agreement during my orientation or a degree being forced by an alleged arbitration would impose limits and methods used to get evidence which would otherwise be available in public court to me that's what they call discovery jurisdictions for one-sided results and there would be an overall unbalance and the obligations imposed lastly was certainly not least not only are there often much higher cost associated with forced arbitration and then we use the public court system but recent evidence also shows that employees who are governed by forced arbitration our claims these are this allows employers to violate employee protection laws to continue to do so without being held accountable for their actions okay and the availability of discovery will be very limited in the arbitration proceeding okay this would be a major disadvantage in arbitration for me and the prohibit prohibition of the depositions I may have to prove I have to obtain to prove my case therefore I'm asking the court that I be allowed to continue to prosecute defendant in federal court to the fullest extent of the law and that I'd be allowed to proceed with this lawsuit in federal court and not be compelled to submit to defend this arbitration which I did not sign or agree to okay okay that's it and then I include my my mother the gentleman is mine Scott so what I read where I read that to you was some of the and some of the answers are right there in my answer to you and I'm talking about sue you're a former employer for wrongful termination and win which is available on lulu.com or you can contact us is that seven one six four two eight nine eight nine two if you really want some more information on this particular problem and the reason why I read that to you because a lot of answers are in my answer that would let you know some of those answers say those are the reasons some of the reasons why an arbitration or could be not enforceable okay and don't be afraid even if you feel that you know all the evidence is stacked against you still file those papers in court take that chance because you'll never know if you're able to do that unless you try so I thank you for joining me today for real estate religion you and Ashley you join me right here on next week on time on the public access TV channel 20 Wednesday 6:30 or 7:00