Johnston

FACTS AND LEGAL PRINCIPLES

1. The Arbitration Provisions The agreement at issue is titled “At-Will Employment, Confidential Information, Invention Assignment, and Arbitration

2 Agreement” (the employment agreement). (Boldface, capitalization & underscoring omitted.) Section 11 of the employment agreement governs “Arbitration and Equitable Relief” (the arbitration agreement). The entire section is printed in capital letters (which we omit); the italics are ours. Among its provisions are these. The first sentence states: “In consideration of my employment with the company, its promise to arbitrate all employment-related disputes with me, and my receipt of compensation and other company benefits, at present and in the future, I agree that any and all controversies, claims, or disputes that I may have with the company (including any company employee, officer, director, trustee, or benefit plan of the company, in their capacity as such or otherwise), arising out of, relating to, or resulting from my employment or relationship with the company or the termination of my employment or relationship with the company, including any breach of this agreement, shall be subject to binding…