Worker says he had no chance to review documents and no idea they waived his right to sue employer
To declare an arbitration agreement unenforceable, a court should find both procedural unconscionability, which pertains to oppression or surprise due to unequal bargaining power, and substantive unconscionability, which focuses on overly harsh or one-sided results.
In Nunez v. Cycad Management LLC, a Los Angeles-based company hired a gardener in 2018 and required him to sign an agreement that required arbitration for all disputes between them relating to employment or termination. After the gardener brought a lawsuit against his employer in 2019, the company answered the complaint and initiated discovery.
In 2020, the company demanded arbitration. The employee refused, arguing that the company had waived its right to arbitrate, that the mutual arbitration agreement was unconscionable, and that he had signed the agreement without informed consent.
The gardener explained that, while he was working, his manager forced the documents on him. The manager’s assistant told him in Spanish that he would lose his job if he did not sign the documents. Being a native Spanish speaker with a limited ability to read and write in English, he could not understand the documents. The company knew about this limitation since bilingual coworkers would translate his work orders and because he received language lessons with a tutor.
The employee claimed that he had no opportunity to review the...
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