Does an employee's employee handbook say all employees must sign an arbitration agreement?

California, United States of America


The following excerpt is from Floyd v. Precision Castparts Corp., E069678 (Cal. App. 2019):

On the other hand, in Mitri v. Arnel Management Co. (2007) 157 Cal.App.4th 1164, the court reached a contrary conclusion where the employee handbook stated that all employees were required to sign an arbitration agreement, and that all employees would provide a copy of their signed arbitration agreement. In that case, the employer failed to submit any evidence of the existence of an arbitration agreement signed by either plaintiff. Further, while the employer argued the plaintiffs had accepted a unilateral contract to arbitrate by continuing to work for the company after receiving the handbook, the handbook's arbitration provision only put the plaintiffs on notice that they would be required to sign a separate arbitration agreement. (Id. at pp. 1166, 1172.)

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