Binding arbitration clauses with job application: Is this the norm?

In theory, you're correct, and the arbitrator is an unbiased person. There can be numerous conflicts of interest and other unfair actions in the process however. First of all, the arbitrator is effectively employed by the employer; they are the ones who specified the original arbitration process in the contract, and what arbitration firm(s) would be acceptable. Secondly, the employer probably has a business relationship with the arbitration firm; they've done business with each other in the past. The arbitration firm has an interest in maintaining that business relationship.

Some of these binding arbitration clauses have been voided by the courts, usually on a basis of them being unconscionable; they were found to be so one-sided in favor of the employer, and the potential employee had no opportunity but to accept it as-is to obtain employment; there was no option to negotiate. I'm sure there were more legal points to it and such, but that's the quick summary of what I read on some of them a while back that have been struck down by courts. Also, these rulings vary from state to state.

 

Please do name them! I do understand the paranoia, but without actual case findings this is just that... paranoia.

Name some. Stating this as fact does not make it so. Also a few findings do not make it universal. But I truely would like to read the judge's opion in these case(s) you mention. please link them.

 

On a project at the moment. Let me get back to you in a day or so.

 

I have only seen this us xpress application none others.

 

and people are worried about the goverment taking your rights away lol

 

Okay, sorry for the delay!
Prior to my last comments, I had googled the following terms: binding arbitration employment. You can also google binding arbitration employment unconscionable. There is an abundance of reading that comes up with these terms, from varied perspectives (such as worker's rights vs. employers trying to protect themselves.)

Here are a few of the hits I read about:
http://www.huffingtonpost.com/brad-reid/unconscionable-employment_b_4234686.html

http://www.kringandchung.com/pre-employment-arbitration-agreement-held-unconscionable/

On the following employer-oriented website, they have many excellent topics, including a multi-part series that explains various strengths and weaknesses in creating employment binding arbitration clauses that are enforceable:
http://theemplawyerologist.com/2012...itration-clauses-clearing-the-hurdles-part-i/

 

Good reads, I especially enjoyed the ownerous fee $14,000!