In the case Robie v. Maxill, Inc., 2021-Ohio-2644, the Eleventh District Court of Appeals held that the trial court must determine whether an arbitration clause is unconscionable before ordering both parties submit to arbitration.
Here, an employee filed a lawsuit against their former employer alleging that the employee was terminated in connection with their refusal to work while on furlough. The employer sought enforcement of the arbitration clause to resolve the above-mentioned dispute.
The Court of Appeals held that because the employee challenged whether the arbitration clause was conscionable, this issue must first be resolved before the employee can be ordered to submit to arbitration.
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.