Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
Avalanche
Feb 2, 2007
This might not be the appropriate thread for this, but what is the general opinion about the paralegal side of things? Is it just as hosed as slitting your wrists for the bloodgod? Or is there actually some semblance of opportunity and hope with that choice compared to becoming a full blown lawyer masochist?

There is a local community college near me promoting a two year paralegal program, and it is kind of temping; all things considered, I am a burned out college grad with a BA in linguistics. But, I have heard some hosed up poo poo from buddies who are paralegals. Long hours, bullshit unpaid internships, lawyers who hire paralegals when they have a big amount of cases and then fire them when stuff slows down, good luck finding a job, etc.

Is this a good option to get into law if you're the kind of person that doesn't want to pay back $100k worth in loans after graduating into a jobless economy? Or is the entire paralegal profession just a massive joke that gets tons of people to pay mad amounts of cash for worthless community college classes?

Adbot
ADBOT LOVES YOU

Avalanche
Feb 2, 2007
This should probably be its own thread, but I'd like to hear from you guys first:

So, I am looking for a decent excuse to move the gently caress out of my father's house after not finding a solid full-time job. I got my bachelors in linguistics from ucla 8 months ago. I found this paralegal program offered by ucla extension, and am thinking about signing up for it in 2011 - if and only if the economy is still hosed. UCLA Paralegal Program

I already know most of everyone in this thread loathes paralegals, and the "profession" in general if you can even call it one. But, what about this paticular program? It requires a bachelors, has an admission test, is 32 units long, and lasts about 5 months. The program also offers a lifetime job placement service. The program does not seem nearly as shady as some of the other poo poo ive seen from some CC's offering "Paralegal" degrees after 3 years (wtf?). I've heard nothing but good things from friends who have taken UCLA extension classes. It "seems" like a good option. Paralegals in CA must be ABA approved, so there is no way around working in a law office as a paralegal without a cert, unless grandfathered in.

I'd like to go to law school, but that would be a horrible decision if I loving hate law. I want to know more about law in general. In the future, I will have to deal with estate/tax poo poo along with any other stuff that comes up. I would love to know how to proceed in those kinds of situations, and have some idea of what is going on when hiring/working/dealing with an attorney. This program seems to be a great opportunity to see if I would enjoy be able to get through law school, and would want to make a career out of it. And, I would get to learn a bunch of stuff about a system I have no knowledge about.

Right now, it's either this, shooting brown people in Afghanistan, or spending the rest of my life making coffee at $9/h. Or, maybe ill grow some balls and decide to go into massive debt for grad school in a field I don't care much about anymore.

Would taking this program be a horrible decision?

Avalanche
Feb 2, 2007
Hey lawgoons, labor law question here:

I recently took a job with CVS and part of their onboarding process requires submitting an Arbitration Agreement that seems to give up my rights to sue them if they do anything shady. Can someone please tell me what the gently caress this is? I have NEVER had to sign an arbitration agreement any time in my life for any kind of job.

So let's say I get laid off and file an unemployment claim. Does this mean that if it is challenged by CVS, I will have to go to an arbitrator selected by them instead of a state court?

quote:

CVS HEALTH ARBITRATION AGREEMENT
1. Mutual Agreement to Arbitrate Claims. The employee named below will be referred to here as “Employee,” “You” or
“Your”. CVS Pharmacy, Inc., including its affiliates, successors, subsidiaries and/or parent companies will be referred to here
as “CVS” or "Company". Under this Agreement, You and CVS agree that any dispute between You and CVS that is covered
by this Agreement (“Covered Claims”) will be decided by a single arbitrator through final and binding arbitration only and will
not be decided by a court or jury or any other forum, except as otherwise provided in this Agreement.

2. Claims Covered by this Agreement. Except as otherwise stated in this Agreement, Covered Claims are any and all
claims, disputes or controversies that CVS may have, now or in the future, against You or that You may have, now or in the
future, against CVS or one of its employees or agents, arising out of or related to Your employment with CVS or the
termination of Your employment. Covered Claims include but are not limited to disputes regarding wages and other forms of
compensation, hours of work, meal and rest break periods, seating, expense reimbursement, leaves of absence, harassment,
discrimination, retaliation and termination arising under the Civil Rights Act of 1964, Americans With Disabilities Act, Age
Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income
Security Act (“ERISA”), Genetic Information Non-Discrimination Act, and other federal, state and local statutes, regulations and
other legal authorities relating to employment. Covered Claims also include disputes arising out of or relating to the validity,
enforceability or breach of this Agreement, except as provided in paragraph 6, below, regarding the Class Action Waiver.

3. Claims Not Covered by this Agreement. This Agreement does not apply to claims raised in litigation pending as of the
date You first received the Agreement or claims by You for workers compensation, state disability insurance or unemployment
insurance benefits or claims for benefits under an employee benefit plan. This Agreement does not prevent or excuse You
(either individually or together with others) or CVS from using the Company's existing internal procedures for resolution of
complaints, and this Agreement is not intended to be a substitute for the use of such procedures. This Agreement does not
prohibit You or CVS from filing: a motion in court to compel arbitration; a motion in court for temporary or preliminary injunctive
relief in connection with an arbitrable controversy; or an administrative charge or complaint with any federal, state or local
office or agency, including but not limited to the U.S. Department of Labor, Equal Employment Opportunity Commission or
National Labor Relations Board. Also excluded from this Agreement are disputes that may not be subject to a pre-dispute
arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act or any other binding
federal law or legal authority.

4. Arbitration Proceedings.
a. Initiation of a Claim. All claims in arbitration are subject to the same statutes of limitation that would apply in court. To
initiate a claim, You or CVS must make a written demand for arbitration and deliver it (i) by hand or first class mail to the
other party and (ii) by hand or first class mail or electronically to the American Arbitration Association (“AAA”) within the
applicable statute of limitations period. Otherwise, the claim will be waived as provided for by applicable law. An
Employee may seek assistance from the AAA regarding the initiation of a claim by calling 877-495-4185 or sending an
email to casefiling@adr.org.

b. The Written Demand. The written demand for arbitration must: identify the parties; state the legal and factual basis of
the claim(s); and state the specific remedy or damages sought. Any written demand for arbitration made to CVS must be
directed to the CVS Legal Department (ATTN: VP, Employment Law), One CVS Drive, Woonsocket, RI 02895. Any
written demand for arbitration to the Employee will be sent to the last home address on file with the Company. The
arbitrator will resolve all disputes regarding the timeliness of the demand for arbitration.

c. Rules and Procedures. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be
conducted in accordance with the Employment Arbitration Rules and Mediation Procedures of the AAA (“AAA Rules”)
then in effect. The AAA Rules can be found at the AAA website (https://www.adr.org), by calling the AAA at 800-778-7879, or by
requesting a copy from the CVS Human Resources Department. Pursuant to the AAA Rules, the parties will select the
arbitrator by mutual agreement and will have the opportunity to conduct discovery, bring dispositive motions, be
represented by attorney(s) (or not, as they prefer) and present witnesses and evidence at a hearing. Unless You and
CVS agree otherwise, the location of the arbitration hearing will be no more than 45 miles from the place where You are
or were last employed by CVS. The Federal Rules of Evidence will apply. The arbitrator will follow the substantive law
applicable to the case and may award only those remedies that would have been available had the matter been heard in
court. Judgment may be entered on the arbitrator’s decision and enforced in any court having jurisdiction.
d. Costs and Fees. CVS will pay all costs and expenses charged by the AAA or the arbitrator, including but not limited to
the arbitrator’s fees, except that, for claims You initiate, You will be responsible to pay the claim initiation fee charged
under the AAA Rules; however, if Your claim initiation fee exceeds what a court in the jurisdiction would have charged
You for filing a lawsuit based on Your claims, then You will be responsible only for the amount that the court would have
charged, and CVS will pay the remaining amount to the AAA. Each party will pay its own litigation costs and attorneys’
fees, if any. However, if any party prevails on a claim which affords the prevailing party attorneys’ fees and litigation
costs, the arbitrator is authorized to award attorneys’ fees and/or litigation costs under the same standards a court would
apply under applicable law.

5. Pre-Hearing Mediation. Prior to the arbitration hearing of any Covered Claim, You and CVS may engage in non-binding
mediation under the employment mediation procedures of the AAA. If You and CVS agree to participate in mediation, CVS will
pay all fees and costs charged by the AAA or the mediator.

6. Waiver of Class, Collective and Representative Actions (“Class Action Waiver”). You and CVS agree to bring any
Covered Claims in arbitration on an individual basis only; You and CVS waive any right or authority for any Covered Claims to
be brought, heard or arbitrated as a class, collective, representative or private attorney general action. The Class Action
Waiver does not apply to any claim you bring as a private attorney general solely on your own behalf and not on behalf of or
regarding others. Notwithstanding any other provision of this Agreement or the AAA Rules, disputes regarding the validity,
enforceability or breach of the Class Action Waiver will be resolved only by a civil court of competent jurisdiction and not by an
arbitrator. If, despite this Class Action Waiver, You file or participate in a class, collective or representative action in any
forum, You will not be retaliated against, disciplined or threatened with discipline. However, CVS will seek enforcement of this
Agreement and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class, collective or
representative actions or claims.

7. Your Right to Opt Out of Arbitration. Arbitration is not a mandatory condition of Your employment at CVS. If You
wish, You can opt out of this Agreement for a limited time and, by doing so, not be bound by its terms. To opt out, You must
mail a written, signed and dated letter stating clearly that You wish to opt out of this Agreement to CVS Health, P.O. Box 969,
Woonsocket, RI 02895. In order to be effective, Your opt out notice must be postmarked no later than 30 days after the date
you agree to the Agreement below.

8. Other Provisions.

a. Adequate Consideration. Both parties agree that the promises made in this Agreement by You and by CVS to arbitrate
disputes, rather than litigate them before courts or other bodies, provide good and sufficient consideration for each other.

b. Entire Agreement. This Agreement is the full and complete agreement between You and CVS relating to the formal
resolution of Covered Claims. Neither party is relying on any representations, oral or written, about the effect,
enforceability or meaning of this Agreement, except as specifically set forth in this Agreement.

c. Severability. If any portion of this Agreement is adjudged to be unenforceable, the remainder of this Agreement will
remain valid and enforceable. In any case in which (a) a dispute is filed as a class, collective, representative or private
attorney general action and (b) a civil court of competent jurisdiction finds part of the Class Action Waiver unenforceable,
the action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action
Waiver that is enforceable will be enforced in arbitration. If the Class Action Waiver is adjudged completely
unenforceable, You and CVS agree that this Agreement is otherwise silent as to any party's ability to bring a class,
collective or representative action in arbitration.

d. Governing Law. This Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and evidences a
transaction involving commerce.

e. Effective Date and Term. This Agreement takes effect immediately upon agreement by You and, unless you opt out as
specified above, survives the termination of employment with CVS.

f. Non-Retaliation. It is against CVS policy for any Employee to be subject to retaliation if he or she exercises his or her
right to assert claims under this Agreement, to opt out of this Agreement or to challenge this Agreement. If You believe
that You have been retaliated against, You should immediately report it to the CVS Human Resources Department or
Ethics Line. This Agreement does not in any way alter the at-will employment status between You and CVS.

9. Statement of Assent and Understanding. By signing below, You acknowledge that You have carefully read this
Agreement, that you understand and agree to its terms, that You have had the chance to ask questions about the
Agreement, and that you have had or will have the chance to consult with your own legal counsel before the end of
the opt out period described above. You enter into the Agreement voluntarily and not in reliance on any promises or
representations made by CVS other than those in the Agreement itself. You understand that by agreeing to this
Agreement and not opting out, You and CVS are giving up the right to go to court to resolve Covered Claims and
giving up the right to bring or participate in a class, collective or representative action brought on behalf of or
regarding others on Covered Claims.

AGREED: CVS Pharmacy, Inc.

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply