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Red Flags to Watch For

Common company and arbitrator tactics that can derail your case — and how to respond to each one.

Not legal advice — educational content only. For high-stakes or complex cases, consult an attorney.

Company says "we'll handle it informally" — get every promise in writing or keep filing.
Arbitrator pushes you to settle cheap — you can say no.
Company produces a document dated before the dispute that you've never seen — demand authentication.
- Metadata — the digital "DNA" of the file showing the exact date/time it was created and last modified.
- Witness Testimony — a person must swear under oath (under penalty of perjury) that they saw the document created on that date.
- Audit Logs — if it's from a system (like Salesforce or HR software), they must show the system's internal record of when the entry was made.
- Note: By staying silent, you "waive" your right to challenge its origin later.
Company claims your recording is inadmissible — state recording laws vary; know yours.
Deadline letters from the arbitrator — never miss one.

Thinking about going to arbitration?

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If you settled an arbitration and signed an NDA, you may be able to request a partial release so you can share your experience.