[cgriswald]

The prohibition against ex post facto law in government makes sense because they are ripe for abuse. But there are already checks against abuse in the private sphere, including potential litigation for wrongful termination and a desire to keep quality employees. Employees should not be able to get away with poor behavior just because it was not techincally against the rules. When my daughter exhibits a lack of judgment, I might make a new rule; but she's still going to be punished because she should have known better. Employees should know better, and if they don't, they should err on the side of not doing the thing.

Of course, that's not really what's happening here with Google. What's happening is Google stated that the would not force people into arbitration, but they're still forcing people into arbitration.