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Plug pulled on unconscionable arbitration plan

February 2023 employment law letter
Authors: 
Mark I. Schickman, Schickman Law

In March 2022, President Joseph R. Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which voids predispute arbitration clauses in cases involving sexual harassment allegations. The new legislation didn’t apply retroactively, however, to a complaint filed in March 2021, so the court of appeal took one more chance to void a particularly unconscionable arbitration agreement.

We bring bad contracts to life

Casandra Murrey—a single, 46-year-old female—worked for General Electric Company (GE) as a product sales specialist for ultrasound equipment. In 2019, GE hired Joseph P. Gorczyca, III. In January 2020, he became Murrey’s direct supervisor.

GE sent all new hires a “welcome email” to their personal email address that contained a link to GE’s electronic onboarding system/portal. After selecting a personal password, the new hire was directed to the “GE Hire home page,” which contained several more links “to the tasks assigned to the new hire.” One task was to review an electronic copy of a document titled ­“‘SOLUTIONS: An Alternative Dispute Resolution Procedure.’” Based on this process, GE claimed an employment agreement was signed.

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