If you use arbitration agreements to resolve workplace disputes, make sure you can prove that the employee actually agreed to the terms.
Recent case: Julie sued her former employer, allegingand failure to accommodate her disability. The employer asked the court to send the case to arbitration because Julie had signed an arbitration agreement when she was hired. Julie denied doing so.
The company called an HR staffer to testify that every new employee had to sign the agreement during orientation. The only problem was that the HR professional hadn’t started working for the company when Julie came aboard. No one could explain what the process had been back then. The court said that meant the company hadn’t proven that Julie signed the agreement. (Flores v. Nature’s Best, No. G052410, Court of Appeal of California, 2016)