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New Cases of Interest - July 29, 2016
Harris v. TAP Worldwide, LLC (2016) 248 Cal.App.4th 373. This is an interesting case because it upholds an arbitration provision that an employee didn't specifically sign that was part of an employee handbook. The arbitration agreement was "appended" to the employee handbook, and the employee acknowledged receipt of both the arbitration agreement and the handbook, although the arbitration agreement was not signed. The arbitration agreement was highlighted in the acknowledgement form which the employee did sign. Employment was on an at-will basis. The employee commenced employment, and the court concluded that the arbitration agreement was therefore enforceable. The court also found that the arbitration agreement was not illusory even though the employer could unilaterally change the handbook because the arbitration agreement itself contained a distinct, qualified modification provision and the modification provision was also subject to the implied covenant of good faith and fair dealing.