Arbitration Denied Where Employer Failed To Authenticate Employee’s Electronic Signature On Arbitration Agreement
In Bannister v. Marinidence Opco, LLC, 64 Cal.App.5th 541 (2021), the Court of Appeal affirmed the trial court’s decision to deny arbitration due to the employer’s failure to satisfy its burden of proving that the employee signed an arbitration agreement. The Court of Appeal cited both conflicting evidence as to whether the agreement was electronically executed by the employee and the fact that there were no employee-specific usernames or passwords required for the execution of the agreement.