Your Arbitration Agreement Might Not Do What You Think It Does

Horst Legal CounselADR, Employment Law, Employment Litigation

If your company uses a standard employment arbitration agreement, the California Court of Appeal just handed you a reason to pull it out and read it carefully. Not because of a federal statute that’s been generating headlines. Because of California’s own unconscionability doctrine, applied with a level of specificity that should make any employer uncomfortable if the last time anyone …

Fuentes v. Empire Nissan: California Arbitration Agreement Enforceability Turns on Readability and Ordinary Contract Rules

Horst Legal CounselADR, Arbitration, Employment Law

California arbitration enforceability fights are increasingly won or lost on something that sounds almost too basic to matter: could the employee reasonably read what they were asked to sign, and do the surrounding circumstances show meaningful assent? Fuentes v. Empire Nissan, Inc. is the Supreme Court’s clearest reminder that formatting and onboarding process are not side issues—they can shape the …