California, United States of America
The following excerpt is from Brenner v. Glenn Johnson Law, LLP, G046532 (Cal. App. 2012):
Relying on Dotson v. Amgen, Inc. (2010) 181 Cal.App.4th 975, defendants argue otherwise. The plaintiff there, an experienced attorney, sued for wrongful termination and the defendant employer sought to compel arbitration based on a provision in the employment offer. Dotson agreed with the trial court "procedural unconscionability is present [but] only because the offer was presented on a take-it-or leave-it basis," noting, inter alia, the plaintiff "is not an uneducated, low-wage employee without the ability to understand that he was agreeing to arbitration. He was the oppositea highly educated attorney, who knowingly entered into a contract containing an arbitration provision in exchange for a generous compensation and benefits package." (Id. at pp. 981-982.)
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