McLane v. GoPlus Corp.

Full title: CHRISTOPHER MCLANE, Plaintiff and Respondent, v. GOPLUS CORP. et al., Defendants and Appellants.

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

Date published: Jan 12, 2021

Facts

GoPlus hired McLane in January 2018. As part of his new employee onboarding, he had to sign an “Acknowledgment” form. The acknowledgment is on GoPlus letterhead, states “acknowledgment” at the top, and contains three short, separately spaced paragraphs. The first paragraph states in full: “This is to acknowledge that I have received a copy of the Go Plus Corp. Employee Handbook. I understand that it is my responsibility to read, understand, be familiar with, and adhere to the material and information in the Handbook. I understand that the company may change, rescind, or add to any policies, practices, or procedures in the Handbook at its sole and absolute discretion. The Company will advise employees of any such changes within a reasonable time, and in writing.” The second paragraph states in full: “I also understand that employment with Go Plus Corp is of an at-will nature, and is not for a specified term. The employee or the employer can sever the employment relationship with or without  notice, with or without cause.” The third paragraph, which we call the “Arbitration Agreement,” states in full: “Notice: By signing this acknowledgment, you are agreeing that all disputes will be decided by neutral arbitration, and you are giving up your right to a jury trial or court trial.” Immediately below the arbitration agreement, there is a line for the employee’s signature, a line for the employee’s printed name, and a line for the date.


Issue

Decision

The trial court’s order denying GoPlus and Costway’s petitions to compel arbitration is reversed as to McLane’s non-PAGA claims and is affirmed as to his PAGA claim. The parties shall bear their costs on appeal.

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