Want an easy way to show that an employee acknowledged receiving a copy of your arbitration agreement? Include it in the employee handbook. Then have IT track when employees received it.
Recent case: Joshua sued his former employer, the University of Phoenix, for discrimination and negligent infliction of emotional distress. Phoenix asked the court to toss out the case because Joshua had signed an arbitration agreement. Joshua said the signature wasn’t his.
But the university proved that for three years, he had acknowledged receiving an electronic copy of the handbook, which included a copy of the arbitration agreement. That was enough for the court to bounce his case to an arbitrator. (Jackson v. University of Phoenix, 5:13-CV-736, ED NC, 2014)
Final note: Make it clear that the arbitration agreement is a binding contract but the rest of the handbook is not.