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A Time to Change: Unconscionable Contracts and Workers’ Rights to Use Social Media As Concerted Activity

Image representing Change.org as depicted in C...

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Since I believe in open and honest communication and people are curious as to what transpired between Change.org and me, here is a fleshed-out version. It is not meant to ruffle any feathers but just a statement of facts that transpired over the course of the last few days.

I was told early Friday morning — before my last law school final and arguably what was supposed to be the best day of my life this year — that all blogging contracts were being terminated. Shocked and upset, I rushed off an email to the “Immigrant Rights” team, asking them to clarify what was going on and whether there was something else in the works.

I received a clarification: they would love to keep me on at 1/3 pay and did not discuss a new contract with me because I was doing my exams. I still don’t understand why it is acceptable to send me a notice of contract termination during my exams but not two sentences about a new contract. It is incompetent communication.

I was noticeably livid and posted on Facebook and Twitter about my disappointment over losing my job. Then I went to take my final exams. That evening, instead of celebrating with my law school classmates, I stayed in and received a copy of my NTA from DHS with charges that made no sense. I was in removal proceedings facing provably false charges and just lost my job, which would have been a tremendous help during proceedings. It was an extremely tense and stressful situation for me and my entire family.

I checked my email later, which had apologies from practically everyone from the owner of the site down to the Editor of “Immigrant Rights.” On Saturday, I was on the phone with the “Director of Immigrant Rights,” who tried to apologize once again and work through a new contract. On Sunday, I was given a new offer with an apology. I accepted the apologies, agreed with the offer and asked for a formal contract to be drawn up.

I don’t need to get into how I virtually built that site and lent credibility to several causes over the last two years. I wasn’t just a blogger — I went above and beyond the call of duty to teach people how to write, organize and even recruit new members for the team. I was a constant model for how to organize using social media. And that is an understatement. But I digress.

Late on Monday night, I was told that the company had issues with my use of social media. They felt disparaged and pointed to a contract provision that stated that I could never speak ill of an employee or the company under the old contract and going forward in the future. I was told an exception would be made for my past use but not going forward.

In typical law student fashion, I pointed out that the contractual provision from the old contract and the new one on the table was
1) unconscionable (standard boilerplate contract)
2) a violation of public policy (per NLRB v. American Medical Response of Connecticut, prohibiting a worker’s concerted use of social media is illegal)

The next thing I hear, there is no contract for me: clearly, a violation  of an agreement-to-agree in good faith.

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