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To require employee to arbitrate dispute, employer must prove agreement signed
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Arbitration agreements with e-signature raise risk of unenforceability – Massachusetts Lawyers Weekly
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E-Signing Arbitration Agreements in a Remote World | Davis Wright Tremaine LLP
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Seyfarth Synopsis:
The Court of Appeal affirmed an order denying an employer’s motion to compel arbitration because the employer failed to authenticate the employee’s electronic signature on the arbitration agreement. Bannister v. Marinidence Opco, LLC.
Facts
Maureen Bannister was an office worker at a skilled nursing facility for three decades before the facility was purchased by Marinidence. When she lost her job a year later, she sued Marinidence for discrimination, retaliation, and defamation. Marinidence moved to compel enforcement of the arbitration agreement that Bannister apparently had signed electronically while completing her new employee paperwork for Marinidence.
Marinidence showed that Bannister, to access the online onboarding portal, would have had to enter her name, social security number, and Marinidence’s “Client ID” and pin code (which was the same for all employees). Marinidence also showed that a W-4 tax withholding form and an emergency-contact