You are agreeing. As an adult, the choice to agree or not agree to conditions of a private transaction seem to be a fundamental liberty. If people didn’t agree and it affected recruitment, then companies would respond accordingly. Also, without arbitration, conceivably that could result in a lower offered salary to offset the risk of litigation. Given that the vast majority of employees never care about suing, the higher salary is a better outcome most of the time. Banning forced arbitration is necessarily going to increase employee costs to a company, which means less money to pay people much in the same way higher health costs affect salaries as well. I don’t agree with forced arbitration, but making it illegal disrupts the freedom of employees and employers to engage in agreements how they see fit. Without arbitration, you get a lower salary, all else being equal, which is essentially a form of insurance against the possibility that you might sue. Some people might be ok with that, but that choice should be between the employee and the employer; it isn’t government’s place to get involved.
> You are agreeing. As an adult, the choice to agree or not agree to conditions of a private transaction seem to be a fundamental liberty.
1. There's already plenty of stuff you're not allowed to sign away, no matter how much more "free" being able to do so might make you. I certainly bristle daily at how un-free I am not being able to sign myself into slavery.
2. OK fine. So we ban corporations from entering into forced arbitration contracts with individuals. You still can. With your neighbor or whoever. You can try with a corporation, but will find that they aren't permitted to. Since we collectively via the power of government conjure corporations from the aether, eff 'em.
> the choice to agree or not agree to conditions of a private transaction seem to be a fundamental liberty.
A fundamental liberty that eventually leads to all corporations offering you the same choice. Accept it, or go bankrupt and homeless. Or were you able to negotiate terms with you bank, ISP, smartphone vendor, or Microsoft if you're on windows?
Laws restricting which contracts are legal, are just a form of collective bargaining of the voters. Or if you prefer, laws specifying which contracts will be enforced by the State. You're free to try and enforce the rest on your own, like a true libertarian.
You are agreeing. As an adult, the choice to agree or not agree to conditions of a private transaction seem to be a fundamental liberty. If people didn’t agree and it affected recruitment, then companies would respond accordingly. Also, without arbitration, conceivably that could result in a lower offered salary to offset the risk of litigation. Given that the vast majority of employees never care about suing, the higher salary is a better outcome most of the time. Banning forced arbitration is necessarily going to increase employee costs to a company, which means less money to pay people much in the same way higher health costs affect salaries as well. I don’t agree with forced arbitration, but making it illegal disrupts the freedom of employees and employers to engage in agreements how they see fit. Without arbitration, you get a lower salary, all else being equal, which is essentially a form of insurance against the possibility that you might sue. Some people might be ok with that, but that choice should be between the employee and the employer; it isn’t government’s place to get involved.