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« Vestigial Jurisdiction: Once Trial Court Granted Motion To Compel Arbitration, It Lacked Jurisdiction To Dismiss | Main | Waiver: Waiting Too Long To Move To Compel Arbitration While Propounding Discovery Leads To Waiver »

07/01/2024

Employment, Existence Of Arbitration Agreement: Employer Failed To Show Arbitration Agreement Existed During Second Employment Stint

Termination Of Employment Stint #1 Terminated Arbitration Agreement.

        Plaintiff Jasmin Vazquez sued SaniSure, Inc. for Labor Code violations. SaniSure moved to compel arbitration based on the existence of a broad arbitration clause in Vazquez's employment agreement. SaniSure failed in the trial court and in the Court of Appeal. Vazquez v. SaniSure, Inc. (2/6  4/3/24) (Baltodano, Yegan, Cody).

        SaniSure was unsuccessful because the arbitration clause it relied upon only existed in a first stint of Vazquez's employment from July 2019 to May 2021. However, she terminated her employment, and the arbitration agreement terminated. The employer could not show that an agreement to arbitrate existed during her second stint of employment, and the court was not going to imply the existence of the agreement from the first employment stint.

        COMMENT: The employer could have avoided its predicament by the execution of another arbitration agreement during employment stint #2. 

Posted by on 07/01/2024 at 04:32 PM in Arbitration: Employment, Arbitration: Existence of Agreement |

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