Baxter v. Genworth N. Am. Corp., No. A144744 (D1d3 Oct. 26, 2017)
This case turns on the enforceability of an arbitration clause in an employment agreement. It is really pro-employer. It bars the employee from even contacting other employees as part of an informal investigation. But it also severely curtails formal discovery, document discovery in particular. It imposes a four-step procedure to attempt to remediate any dispute that has the practical effect of eating up a bunch of the limitations period to file a complaint with the DFEH and making it impossible for the employee to get any relief through the administrative system. So unsurprisingly the court affirms the trial court’s finding that the arbitration agreement isn’t enforceable because it is unconscionable.
Affirmed.
This case turns on the enforceability of an arbitration clause in an employment agreement. It is really pro-employer. It bars the employee from even contacting other employees as part of an informal investigation. But it also severely curtails formal discovery, document discovery in particular. It imposes a four-step procedure to attempt to remediate any dispute that has the practical effect of eating up a bunch of the limitations period to file a complaint with the DFEH and making it impossible for the employee to get any relief through the administrative system. So unsurprisingly the court affirms the trial court’s finding that the arbitration agreement isn’t enforceable because it is unconscionable.
Affirmed.