On July 31, President Obama announced an executive order mandating that companies doing business with the Federal Government can no longer force their employees to “agree” to mandatory pre dispute arbitrations. Workers now are able to exercise their 7th Amendment rights in seeking the Courts to resolve sexual harassment and civil rights disputes. This order has been applauded by the major nursing home advocate, the National Consumer Voice for Quality Long-Term Care. The group was quoted in saying that the order is a “call to action” in order to outlaw the inclusion of arbitration in nursing home admission agreements.
Although not specifically included in the Executive Order, Nursing Home advocates all over the Country have taken notice. The basis for our Federal Governments refusal to do business with those who do not stand for the Constitution is simple fairness. If it is unfair for contractors to limit their employee’s rights, why is it fair for the Nursing Home Corporations to do so to their vulnerable residents.
Most mandatory arbitration clauses are buried in 20 page admission agreements signed by loved ones of the elderly who are distraught and given a short period of time to find a place for them to live. It is time that our government stands with the elderly and infirmed and protect their rights. Perhaps the fact that most of the elderly are not voters affects the desire of Congress to help.
If you or your loved one are looking for a long-term care facility, there are many things to read over. Not only should you visit the home on a few occasions and talk to both workers and current residents, but you should also read over all signed documents. Arbitration agreements are typically found in the fine print of documents.
Stand up for your loved ones and force the Nursing Homes to remove the mandatory arbitration clause from the admission agreement. If you don’t who will? If you have any questions about possible arbitration agreements in your loved ones contract, please call The Javerbaum Wurgaft Nursing Home Group today.