Court Rejects Arbitration Where It Accepted Employee’s Assertion That He Did Not Sign An Arbitration Agreement That Was Present In His File

Those attorneys who appreciate the importance of developing and presenting detailed factual arguments may enjoy reading the California appellate decision in Fisher v. Bird Rides, Inc., where the court denied an employer’s motion to compel arbitration, finding that the employee did not electronically sign an arbitration agreement.

Although the employer produced electronic documents purporting to have been acknowledged by the employee, together with evidence describing the onboarding process, including a declaration that “it was ‘impossible’ to go through the onboarding process without seeing and signing the arbitration agreement,” the court deferred to testimony from the employee that, whatever the general onboarding process, he did not sign the arbitration agreement and that it was added thereafter.

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