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Litigation

Jun. 3, 2016

Ruling should give employers pause with arbitration agreements

A recent decision may signal that the tide is again changing in California, and courts may be more likely to refuse to enforce employment arbitration agreements on the basis of procedural or substantive unconscionability. By Kimberly Weddell

Hilary Weddell

Partner
McManis Faulkner APC

50 W San Fernando St Ste 1000
San Jose , CA 95113

Phone: (408) 279-8700

Email: hweddell@mcmanislaw.com

Boston Coll Law School; Newton MA

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By Hilary Weddell

The 4th District Court of Appeal recently issued its decision in Carbajal v. CWPSC Inc., 2016 DJDAR 2015 (Feb. 26, 2016), invalidating an employment arbitration agreement due to a number of provisions the court considered problematic. The Carbajal decision may signal that the tide is again changing in California, and courts may be more likely to refuse to enforce employment arbitration agreements on the basis of...

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