Why the Comcast Listens and Comcast Solutions Programs are Bad for You

When you went to work for Comcast, they forced you to give up a bunch of your legal rights.   Whether you were aware at the time or not, your offer letter or employment agreement referenced how you would be bound to use the Comcast Solutions program if you are wronged by Comcast.  You also agreed to NOT file a class action lawsuit.  You gave up your right to use the court system to get your issue heard, and now you will be need to use the Comcast Listens and Comcast Solutions programs which FORCE arbitration.

This is beneficial for Comcast and not great for you.   First, Comcast gets to keep their bad behavior private and out of the court system as the details of all the Comcast arbitration suits NEVER become public.

So does Comcast’s bad behavior create a lot of Comcast Listens and Solutions cases?   In 2014 over 3000 employees used the Comcast Listens program as reported by EthicsPoint, the company that administers the Comcast Listens program. Click for the Document proof.  That’s a LOT of bad and illegal behavior that the public never hears about.

Well can’t you just share the details with the world after you are wronged?   Well NO.  As part of the settlement, you will be gagged.  All those thousands of people who had legal claims against Comcast settled in arbitration can’t talk about it.   So does Comcast continue to do the same illegal acts even after losing in arbitration?  We can’t know for sure, but these sort of forced secret out-of-court settlements have led to protecting the offenders and encouraging continued illegal activity in many other cases (as in the recent Bill O’Reilly sexual harrassment scandal where over the years Fox News aid $13 million to women who have accused Bill O’Reilly of harassment in the workplace, or the Catholic church global crisis where there was extensive covering up of incidents of sexual misconduct in the Church) Is the same thing going on here?  You can be the judge on that question.

But can’t you get out of the arbitration provision and your case heard by the court?   Probably not.  In this court brief below, an ex-Comcast employee named Robert Smith tried to get the courts to hear his 5 count case heard by the courts.  He alleged: age discrimination under the Age Discrimination in Employment Act (Count 1), age discrimination under the Florida Civil Rights Act (Count 2), disability discrimination under the Americans with Disabilities Act (Count 3), handicap discrimination under the Florida Civil Rights Act (Count 4), and violation of the Family Medical Leave Act (Count 5).   Here’s the Article

The court ruled in favor of Comcast and forced arbitration.

The second reason why Comcast arbitration is bad for you:  The damages you get will most likely be less than what you could have received in a court or jury judgement.  Why?  This is a dirty little secret that few lawyers are willing to talk or write about publicly.  Your arbitration case will be heard by a retired judge or other professional mediation legal professional.  There are a limited number of ex-judges who hear arbitration cases and they can hear hundreds or thousands of cases over the years.  You on the other hand will probably only use an arbitration judge once.  What does that mean.   Comcast has the final say as to whether they work with an arbitration judge.  Will the judge who hears your case will be fair and impartial?  You can hope they will, but in reality you’ll never know whether you would have gotten a better result in a court trial.  There IS a likelihood that IF you prevail, the award you get won’t be as large as you’d get in court.  Why?  The judge hearing your case knows that if they award You, the plaintiff, a big judgement, they will NEVER again be selected by Comcast to hear any more Comcast arbitration cases.   Can this element be removed as a potentially influencing factor?  No.

So what can you do?  Make the best of your bad situation by subscribing to the Listens Solutions Guide email to get more valuable tips such as..

– maximizing your settlement payout
– avoiding the delays that Comcast will put you through
– how to document your claim issue prior to quitting
– tips for finding the best employment attorney
– more ways to get funding if you need it to pay for your fight

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Wishing Justice for All – Your Advocates at the Listens Solutions Guide