Esparza v. Sand & Sea, Inc.

An arbitration clause in an employee handbook given new employees was unenforceable because the employee was not required to (and didn’t) agree to its terms, but only acknowledged that she had received the handbook.  An arbitration clause in an employee handbook given new employees was unenforceable because the employee was never required to or shown to have given consent to it.  The first page of the handbook was a welcome letter which explained that the handbook was not intended to be a contract or create enforceable legal rights. While the employee signed an acknowledgement that she received the handbook, the acknowledgement did not state that the employee agreed to the arbitration clause, but instead stated that the employee had not yet read the handbook when she signed the acknowledgment of receipt.

California Court of Appeal, Second District, Division 4 (Collins, J.); August 22, 2016; 2016 WL 4434737

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