Newly graduated nurses gesture while having their picture taken by a friend before the oath taking ceremony of the professional nurses inside a mall in Manila September 20, 2010.
“Mr. Vidal believed it was impossible for him to provide adequate care to patients but was also terrified to resign,” his lawyers wrote. “He knew that his contract with Advanced Care Staffing purported to allow the company to pursue legal action against him, with potentially ruinous financial consequences, if he decided to terminate his employment.”
In February, Congress passed a law preventing companies from forcing sexual harassment and assault claims into arbitration. In June, the Consumer Financial Protection Bureau announced an inquiry into employer-driven debt set-ups, which its director said may “have the potential to trap employees in place.”
Employees are less likely to get a fair hearing in arbitration, Seligman said, in part because employers like the staffing agencies are repeat clients. Vidal claims in his suit that the American Arbitration Association, which has been administering his case, chose an arbitrator without his input after he’d requested more time to respond, and refused his request to reveal how many other Advanced Care Staffing disputes are currently before it.
Source: Law Daily Report (lawdailyreport.net)
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