In the case of Cabrera v. Charter Communications L.L.C., 2022-Ohio-2947, the Appellate Court held that the creation of an employment relationship was sufficient for creating a binding arbitration agreement between an employer and its employee where the employee agreed to the arbitration agreement during the application and onboarding processes.
In this case, the employee argued that she never agreed to a binding arbitration clause and thus this case should have been heard before the courts and not before an arbitrator. The employee further argued that the employer failed to prove that a valid agreement to arbitrate existed between the parties. The court disagreed with the employee.
In support of its decision, the appellate court explained that R.C. 2711.01 provides that arbitration clauses are valid and enforceable. The court further reasoned that the employee was presented with the arbitration agreement when she was filling out the application for employment and again during her onboarding process and both times she agreed to its express terms. The court then concluded that the creation of an employment relationship, which occurs when an employer agrees to consider hiring and/or hires an applicant for employment, is sufficient to uphold an arbitration agreement contained in an employment application.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.