Contract question - Indemnity Clause and binding arbitration

[apr27]

Negotiating a current contract and was told by my attorney that these are unfavorable for employees especially the indemnity portion, but I don't really grasp this. Why exactly is this the case?

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[drusso]

Negotiating a current contract and was told by my attorney that these are unfavorable for employees especially the indemnity portion, but I don't really grasp this. Why exactly is this the case?

You want that out or you want it to be mutual. I always counter with mutual indemnification (because fair is fair) and watch them vomit bile and have a seizure. At that point, you can say, "If you wouldn't accept this process as a way to resolve our differences, then why should I?"

Mic drop.

 

[apr27]

You want that out or you want it to be mutual. I always counter with mutual indemnification (because fair is fair) and watch them vomit bile and have a seizure. At that point, you can say, "If you wouldn't accept this process as a way to resolve our differences, then why should I?"

Mic drop.

Appreciate it.

If they don't accept, would you (or anyone that can weigh in) accept the offer? My understanding is that this is a red flag or dealbreaker.

 

[RoloTomassi]

Chances are that clause never comes into play

 

[nvrsumr]

I always ask for these to be mutual as well and they say yes. It’s their attys job to put in little clauses that are advantageous to them even if never gonna be used.

 

[apr27]

I always ask for these to be mutual as well and they say yes. It’s their attys job to put in little clauses that are advantageous to them even if never gonna be used.

I know it's "mutual," but I read that the employer still has an advantage?

 

[nvrsumr]

Not certain.

 

[RoloTomassi]

The one with deeper pockets always has the advantage

 

[Iamnew2]

Chances are that clause never comes into play

Never say never