That, he thought, "was what Hooters was for. A growing number of critics of Hooters, a chain of bar-restaurants, would say he was right on the money.
In Hooters of America, Inc. As a preemptive measure, Hooters asked the court to compel Phillips to submit her claim to arbitration under an arbitration agreement she had signed during her employment at the restaurant. Further, she argued that the court should not enforce the agreement because it unfairly "stacked the deck" in favor of Hooters.
First, the court noted that the arbitration agreement referred to and incorporated by reference a complex set of rules. The accompanying rules were never discussed when the agreement was presented to Phillips and other Hooters employees or otherwise made available to them.
According to the court, Phillips could not waive her right to sue in court and submit to arbitration if she did not know what she was waiving when she signed the agreement. After Phillips, employers interested in developing mandatory arbitration policies should make sure that their policies incorporate basic standards of fairness.
At a minimum, the procedures should ensure that: The arbitration will be conducted by an independent and impartial arbitrator chosen by agreement of both the employer and the employee; The arbitrator has the authority to award any remedy that would have been available to the employee if he or she had brought a lawsuit in court under the applicable law; Both the employee and employer have the same access to documents and witnesses and the employees are allowed to engage in equal pre-arbitration discovery rights; and Employees have the right to be represented by counsel at their own expense.
In Conclusion We also recommend that employers obtain signed, stand-alone agreements, rather than unilaterally-imposing mandatory arbitration in a policy or employee handbook. The ultimate outcomes obviously are less certain if employers adopt these safeguards; however, the benefits of arbitration -- such as avoiding jury trials and expensive discovery, and obtaining prompt results -- are not sacrificed.After centuries of indifference to or even tacit (and sometimes open) sanctioning of sexual harassment, abuse or assault, we are suddenly in the midst of a cock conflagration.
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|How Donald Trump Rules America's Garden of Dicks and Sparked the #MeToo Movement||Their first Hooters restaurant was built on the site of a former rundown nightclub that had been purchased at a low price. So many businesses had folded in that particular location that the Hooters founders built a small "graveyard" at the front door for each that had come and gone before them.|
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