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it should be noted no contract can bar seeking legal remedy… It’s like trying to bring an NDA to force when someone goes to the cops.
I just learned this the hard way. I just got laid off and rejected the severance check because in order to get it, we had to sign a thing that said we waived our right to ever sue them for anything
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So fucking shady.
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The latter would be an arbitration agreement, and unfortunately I think they’re enforceable. They make you sign an contract waiving your rights and agreeing to arbitration.
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They’re considered generally enforceable.
https://corpgov.law.harvard.edu/2018/06/08/the-enforceability-of-employment-arbitration-agreements/
On May 21, 2018, the United States Supreme Court, in a long-awaited decision, held that employment arbitration agreements with class action waivers requiring individual arbitration are enforceable under the Federal Arbitration Act (the “FAA”), notwithstanding Section 7 of the National Labor Relations Act (the “NLRA”), which protects employees’ rights to engage in concerted activities.
But they might not be. Sure, if I had some case related to this I would get legal advice.
Arbitration agreements are supposed to ensure that disputes are resolved outside of court, and that’s why it’s an irony of almost cosmic proportions that “the enforceability of arbitration agreements is likely ‘the single most litigated contractual issue’ today
https://www.natlawreview.com/article/ties-bind-you-arbitration-agreement-enforceable-and-binding
But are they enforceable?
The answer, fortunately, is yes, but it is important to keep in mind the most basic characteristic of arbitration agreements - they are contracts. Both Federal and State laws foster a strong policy favoring arbitration, but each provides that the enforceability of agreements requiring arbitration for work-related disputes will be determined by applicable state law regarding contract principles.
The majority of published case law suggests that arbitration agreements are most commonly challenged on the basis that they lack mutuality of contract, lack adequate consideration for the contract, or are unconscionable. These tripping blocks can be avoided by drafting a carefully-worded arbitration agreement and providing employees ample notice and opportunity to review the agreement.The latter is why 23andMe is giving people the chance to review the new TOS first. It also is probably different for a TOS vs an employment contract.
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Except that’s not true. Somehow, 23andme missed the almost certainly anomalous activity on thier network that lead to the extraction of 6.9 million users’ data. Missing the activity associated with the massive data dump, designing thier system to allow for that? 100% thier fault.
One should not be able to use a set of hacked accounts to dump that much data. That’s a design flaw.
As someone in that data breach (not from reused passwords) and of Jewish descent (the seeming target of the hack), I’m going to say it is not blown out of proportion. They previously had no limits on failed login attempts which is pathetic from a security standpoint. They still don’t require 2FA. They say they courage it but it’s not like they bug you about it.
So they failed at multiple points prior to the hack and still fail after. They do have a limit on failed logins now so they have done part off the base level of security.
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