U.S. District Judge William Alsup plainly suspected that DoorDash wielded the arbitration agreements signed by its workers as weapons to discourage the workers from filing claims.
His suspicions were aroused when the company, facing thousands of arbitration claims, refused to pay its share of the filing fees. That prompted the arbitration agency, the American Arbitration Assn., to cancel all the arbitration cases.
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Instead, Doordash is trying to force the workers to sue it in court, a much more costly and burdensome process. “Irony upon irony,” Alsup wrote, in ordering the arbitrations to proceed. “This hypocrisy will not be blessed, at least by this order.”
Travis Lenkner, an attorney for the workers, called Alsup’s ruling “a significant ruling for individuals who are forced to sign arbitration clauses as a condition of performing work. Companies can’t prohibit class actions and require workers to engage in individual arbitration, only to refuse to arbitrate with workers who demand it.”
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According to the contract, both parties — company and worker — were barred from bringing their dispute to court or resorting to class action filings. The pact required workers to pay a filing fee of $300 to bring an arbitration case, and DoorDash to pay $1,900.
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In time, some 6,000 arbitration claims were filed against the company.