"facing fines of $50,000 for every statement that could be seen to be “negative or otherwise detrimental” to Meta"
> According to the web they still need a court to even confirm a monetary penalty.
No, not necessarily with arbitration. The judgement itself may need to be confirmed in some states; it likely already has.
The outcome should approximate the outcome of the full court proceeding.
Make the arbitration rulings appealable in court on the basis of factual errors, errors of law, corruption, and potential errors by omission (i.e. failure of discovery). And make the company responsible for the full costs of the litigation if the arbiter's judgement is overturned. And punish the arbiter, perhaps a 2 year ban on accepting any case from that industry.
I'm sure more adjustments would be needed, but it should be possible to get both the arbiters and the companies to want arbitration to be a faster, cheaper route to the same outcome as the courts, rather than a steamroller that avoids all accountability for the company.
That sounds like you want all the benefits of an actual court without all the costs of an actual court?
Barring that, faster and cheaper is better.
Simply limiting discovery, counterbalanced by loosened rules of evidence, followed by allowing specialist arbiters and avoiding the multi-year wait for a court proceeding seems to be faster and cheaper. There is a small error introduced by allowing discovery of 1,000 pages of emails instead of 100,000, and by allowing hearsay or affidavits, but probably most disputes would not strictly depend on deposing a dozen people and interpreting the 23rd box of company documents.
(Which isn’t to say I think the system as it is is good, just that there is a good)
Why do court cases take so long and suck up so many resources? Start with that. Perhaps reduce the amount of legislation/laws/etc. on the books, and write laws that limit the litigious society we find ourselves living in.
That is of course easier said than done, but we've chosen this path and can choose to unwind it if we have enough desire to.
> Some of the content moderators were earning $28,800 a year, the technology news site The Verge found last year.
In this particular case, the legal costs are probably pretty ruinous.
— the law (https://www.law.cornell.edu/wex/unconscionability)
As we should and do oppose unconscionable punishments like jail for marijuana or the current copyright setup. Because they're wrong.
I'm entirely aware that these sorts of contracts are legal in US law. They should not be.
And this is not true for your (false!) cite of "Hacker News"?
At least my quote from the law was accurate.
So many of the greatest tragedies I've seen inflicted on people come from accepting an expedient way to get what is really a small amount of money quickly. So often the drive is paying the rent/mortgage or fear of losing health benefits. If you are in a bad situation and offered a settlement and you really feel like something isn't right please talk to an employment lawyer. Most US States have expedited processes for quickly resolving these cases, and the lawyer can help you a lot when you feel like your only choice is to take the severance.