Labor/Employment,
Civil Litigation,
9th U.S. Circuit Court of Appeals
Nov. 4, 2021
Fieldworker signed arbitration document voluntarily, panel finds
“Under California law, a party’s speculation about his termination, even if justified or ‘highly likely,’ cannot be used to prove the lack of reasonable alternatives,” wrote 9th U.S. Circuit Court of Appeals Judge Patrick J. Bumatay.
An arbitration agreement a farmworker signed with his employer after he already began harvesting lettuce is enforceable because he was not forced to sign it, a divided federal appeals court panel ruled Wednesday.
The majority of the three-judge 9th U.S. Circuit Court of Appeals panel reversed a ruling by U.S. Judge Edward M. Chen, who refused to enforce arbitration for an employee who sued Elkhorn Packing Co. in 2018 alleging state and fe...
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Related Content
Arbitration
Martinez-Gonzalez v. Elkhorn Packing
Asking a farm laborer to sign an arbitration agreement after he had already traveled from Mexico, was living in company housing, and had started work was not economic duress.
