Jenkins v. Dermatology Management

An arbitration agreement between a worker and employer was procedurally unconscionable where it was pre-signed by a representative of the employer who was not present when the worker received it, as a reasonable person in the worker’s position would have concluded that the agreement was a take-it-or-leave-it condition of employment that could not be modified or refused; a complaining party need not show it tried to negotiate standardized contract terms to establish procedural unconscionability. The agreement was substantively unconscionable where it required the worker to arbitrate all of her claims against the employer but exempted certain claims by the employer, the agreement shortened the statute of limitations for the worker’s claims, it required the parties to equally share the costs of arbitration, and it limited the scope of discovery. Jenkins v. Dermatology Management - filed Nov. 20, 2024, publication ordered Dec. 19, 2024, Second District, Div. Six Cite as 2024 S.O.S. 3823 Full text click here >An arbitration agreement between a worker and employer was procedurally unconscionable where it was pre-signed by a representative of the employer who was not present when the worker received it, as a reasonable person in the worker’s position would have concluded that the agreement was a take-it-or-leave-it condition of employment that could not be modified or refused; a complaining party need not show it tried to negotiate standardized contract terms to establish procedural unconscionability. The agreement was substantively unconscionable where it required the worker to arbitrate all of her claims against the employer but exempted certain claims by the employer, the agreement shortened the statute of limitations for the worker’s claims, it required the parties to equally share the costs of arbitration, and it limited the scope of discovery. Jenkins v. Dermatology Management - filed Nov. 20, 2024, publication ordered Dec. 19, 2024, Second District, Div. Six Cite as 2024 S.O.S. 3823 Full text click here >http://sos.metnews.com/sos.cgi?1224//B333759.