Mutual Arbitration and Class Waiver Agreement

Pfizer will split the company in 2016 GEP and GIP. They will keep VOC because of the superior growth rate, GIP will treated just like Zoetis, everyone will loose their job and will have to re-
interview for $30,000 less

 

A real shitty move. There's no upside to the employee and all the protection from true justice by Pfizer.

It is well known in the legal arena that arbitration is always favorable to the deep pockets that keep them in business. That is, the corporations who pay for the arbitration are the ones who get all the rulings to land their way.

Imagine if the arbitrator ruled in favor of the broke little guy who didn't pay the arbitrator's bill, do you think the ruling would be a devastating award for the little guy to punish the hand that feeds the arbitrator? Never!

Do you think that if they rule against Pfizer, that Pfizer will keep them as their official arbitrator? Why didn't Pfizer give us the choice to choose which arbitrator we want in lieu of suing in court? We don't even get to choose an official arbitrator company. That company is on Pfizer's payroll now. You do the math.

This stinks of a contract of adhesion. Considering the employee has no right to negotiate the arbitration contract, or leave your job, as the only other alternative, I would love to see if any court would uphold this unjust squeeze play.

Just when you think Pfizer might actually care about its employees, they pull this unbelievably disreputable and disrespectful move. You'd think the company that loves the "protected classes" wouldn't screw them over by taking away their legal rights to sue by a jury trial if Pfizer ever discriminates against them?

Where's the minority/LGBT backlash and protests????

The European leftist socialists running this company now are showing their true colors.

 

"The final phrase of FAA § 2, however, permits arbitration agreements to be declared unenforceable "upon such grounds as exist at law or in equity for the revocation of any contract." This saving clause permits agreements to arbitrate to be invalidated by "generally applicable contract defenses, such as fraud, duress, or unconscionability."
..............

"In contrast, 9 U.S.C. § 10 allows a court to vacate an arbitral award only where the award "was procured by corruption, fraud, or undue means"; "there was evident partiality or corruption in the arbitrators"; "the arbitrators were guilty of misconduct in refusing to postpone the hearing . . . or in refusing to hear evidence pertinent and material to the controversy[,] or of any other misbehavior by which the rights of any party have been prejudiced"; or if the "arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award . . . was not made." The AAA rules do authorize judicial review of certification decisions, but this review is unlikely to have much effect given these limitations; review under § 10 focuses on misconduct [*351] rather than mistake. And parties may not contractually expand the grounds or nature of judicial review."




AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 131 S. Ct. 1740, 179 L. Ed. 2d 742, 2011 ILRC 1711, 52 CR 1179, 79 U.S.L.W. 4279 (2011) [2011 BL 110648]

 

President issued the Fair Pay and Safe Workplaces Executive Order barring companies seeking federal contracts of $1 million or more from forcing their workers to arbitrate sexual discrimination, harassment, or assault claims.

Executive Order --Fair Pay and Safe Workplaces

If Pfizer has federal contracts exceeding $1 million, then this executive order restricts the forced arbitration contract of adhesion vastly. I believe they do.

So it seems to me that if one person falls for this arbitration bullshit and doesn't sue Pfizer, then Pfizer just saved themselves a crap load of money they would have spent or lost. This is just a scare/freezing tactic that would likely scare off the timid who actually have a good case against Pfizer.

I bet some snot nosed in house lawyer in Manhattan is patting himself on the back for this. Little do they know the long term effects of trashing morale, loyalty and the honesty of the employees back towards the Pfizer Masters flying around in their corporate jets and helicopters. What do they care, they are already rich and untouchable.....

 

if i do not sign, will i lose my job? if so, is this duress?

 

Anyone who gives to the Pfizer PAC under the delusion that that the money is spend on an apolitical basis is nuts, the PAC is run by DEM party bundler who has held fundraising events for both Obama and Clinton - our own Sally Sussman

 

Yes and Yes - and guess what, not a damn thing you can do about it so lube up

 

No Lube 4 U ......Read will give it to YA sideways and dry !

 

Odds are they will terminate you. They say if you don't sign it, then it still applies to you if you remain an employee. I can throw them farther than I trust them, so yes I believe they will terminate you for not signing.

As for duress, it all depends on your State's laws regarding the validity of contracts.

I'm still waiting for the usual race and lgbt hustlers to raise hell about this. It really only affects them and sometimes the females. Heterosexual white males, even the elderly white males, have no shot at suing Pfizer for an employment issue. So white males can sign this and just take it as another affront to them as the modern abused class. However, it's specifically aimed at the usual lawsuit happy suspects, blacks, gays and females. I'm sitting on the sidelines and waiting to see what happens.

 

They won't terminate anyone since if you don't sign, it goes into effect for you anyway. 50% of the corporation won't sign. They can't fire that many people. This is hands down the most demeaning thing I've been asked to do in 35 years at Pfizer. Slimy bastards!

 

SO, SO, SO SLIMY!!!

Hmmmm.......if I send Ian Read, CEO on behalf of Pfizer, to acknowledge, sign or doesn't even need to sign, a Mutual Pay Raise Agreement increasing my/our salary[ies] to $1 million per year and every year thereafter for as long as I am/we are employed, and as a valid consideration for the contract I/we remain employed and Pfizer keeps employing me/us utilizing my labor and intellectual property, then Pfizer is as bound to my/our Mutual Pay Raise Agreement as I am/we are to its Forced Binding Arbitration contract. What's fair is fair right? Just because my/our contract gets ignored or laughed at by Ian, doesn't make it less binding upon Pfizer. It applies equally just as we despise or laugh at the Forced Binding Arbitration contract and ignore it or refuse to sign it doesn't make it less binding in Pfizer's eyes.

I just love those "Mutually Binding Contracts" when neither party has to sign them but just keep their ongoing employment relationship as status quo!!!! Thank you Pfizer. You just Pfucked yourself with such idiotic legal precedent. Still patting yourselves on the back [IL]Legal Team????

So who has the balls to do this? It would actually work if they don't terminate you. Just make the date of the contract earlier than the start date of Pfizer's disgustingly bigoted Forced Binding Arbitration Contract so you can sue in a real court if Pfizer doesn't pay you the $1 million, and not by Pfizer's bought and paid for Arbitrators Pfizer unilaterally chose.

Thank God for the "Respect For People" and "No Jerks" culture here or we'd be horribly subjected to a Forced Binding Arbitration Contract! So glad I work for Pfizer and not one of those sleazy backstabbing shitty pharma companies I always hear about. Not!!!!

 

See article in NY Times Business section today. Arbitration not enforceable?

 

I met with my employment attorney today. His advice: " On the advise of counsel, do not sign the agreement. Then, hope they take retaliatory action."

This scumbag company knows no lows..... This is why I lose zero sleep when I work 2 days a week. FU pfe.

 

Thank You.

 

It is not enforceable, due to that Appeals Court's decision, in the 7th Circuit only. So in Wisconsin, Indiana and Illinois, Pfizer employees would have the forced arbitration contract thrown out as if it never existed. For the rest of us, you have to fight it in your local State's Court system to show it's a contract of adhesion and unconscionable. It's a pain in the ass and is just another hurdle to jump, strategically done to scare off potential lawsuits.

Always remember, you can always go to the appropriate governmental agencies first to see if they will sue Pfizer on your behalf and themselves'. You can always be a whistleblower and have the govt go after Pfizer or sue them yourself. Qui Tam suits are exempted from arbitration and are even stated as such in Pfizer's evil forced arbitration contract.

If you have a strong case and a very good attorney, Pfizer will get its ass handed to them anyway.

Me, I'm trying to leave this POS company, but I'm having trouble finding less POS companies out there that are hiring.

I will sign it once I see that the ELT has signed it. Kind of like how Obamacare applied to Congress/President ObaMao and then it magically didn't? I'm sure the same will happen here.

 

Well said. I WILL NOT SIGN THIS.

 

Tick tock....where the hell are the poverty pimpin race hustlers, feminazis and the pink mafia? This forced move is directly aimed at them. I'm as confused as an obama's hate church transgendered man hater.

 

Administrative Law Judge Keltner W. Locke ruled from the bench today following NLRB trial proceedings in Birmingham, Alabama (heard on November 4, 2016) that the Class Waiver provision violates the National Labor Relations Act and that the Confidentiality Provision also violates the Act. This is a consolidated action stemming from NLRB charges filed in Michigan and Alabama, however the relief is NATIONWIDE. This order will be certified shortly. The case is Pfizer, Inc., 10-CA-175850

 

If you are in California this agreement is unenforceable. Sign it or not, its the same as non-compete in that it has no legal effect.