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It’s up to you to prove worker signed contract

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in Employment Law,Human Resources

Want to bind a worker to an arbitration or trade secrets agreement? Then make absolutely sure you can authenticate the signature on the agreement. Otherwise, chances are that if she challenges you, a court will not enforce the agreement.

It’s not enough to show the agreements were on an application or in the handbook and that the company policy required them to be signed.

Recent case: Dulce cannot write, understand or read English. She used Spanish to fill out an employment application. A year later, she sued, alleging discrimination.

Her employer argued that the application included trade secret and arbitration agreements. But it could not authenticate the signature so the agreements were tossed out. (Quintana v. American International Industries, No. B262241, Court of Appeal of California, 2016)

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