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Comment by windexh8er | Hacker News Reader

My rule of thumb is if I can't opt out of arbitration then I can't work for you. Most established orgs give you a grace period after start date to request opt-out to legal and I've run into no flack for doing just that. However I've learned from experience that it is critical to not be bound by it - especially if your pay is tied to a metric or a quota and/or a portion of your package is options/RSUs.

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so... serious question, and I'm asking you, 'cause it sounds like you are implying that you've sued your employer. is suing your employer a seriously career-impairing move? I mean, I think most court proceedings are public records, and it seems like if the fact that you sued your last employer for something came up in your background check, I personally assume that'd be as bad or worse than an old felony conviction, from the employer's perspective.

Are people who sued their employer a protected class in the USA, or is there some other reason why this isn't a career-ending event?

it probably won't impact you.

well, yes. For a lot of reasons, I'm not likely to sue my employer.

But, that doesn't mean I'm not curious.

I didn't imply I sued them. Keep in mind that suing someone has the implication of going public. You don't need to sue someone to be bound by arbitration. Generally legal conversations can and will happen prior to the event of suing your employer. This is something most people would gloss over or not consider. If you sign arbitration you have no wiggle room - because it is all up to the company, and they likely view arbitration as in their best interest. But if you have opted out you can go get your own attorney and present your claim without getting into a public legal battle. If you hold the cards it is in their best interest to negotiate, settle and not get sued (as that becomes public and is bad for both sides). Generally when making legal agreements the "career ending events" are protected as part of the settlement. It would be amiss to forget to CYA in your negotiation. This may include language that explicitly states anyone from that company talking about your externally. Obviously they're incented to keep that bargain or you can then go down the path of defamation and further liabilities.

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