Gonzalez

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Plaintiff began working for Aten as its operations manager on April 5, 2023. On March 21, 2023, Aten provided plaintiff a four-page written

2 offer of employment, which plaintiff signed on March 24 (Offer Letter). It contained a provision requiring arbitration of “any dispute or claim” arising out of the employment relationship “pursuant to the rules for arbitration of employment disputes by the American Arbitration Association provided you choose to do so, as Execution of the Arbitration Agreement is voluntary.” Plaintiff initialed the statement, below the arbitration provision, that said “Employee Voluntarily Agrees to Arbitration outlined above.” (Underscoring omitted.) But then, on plaintiff’s first day of employment, Aten presented plaintiff the Arbitration Agreement as part of multiple documents it gave plaintiff as part of his onboarding package. The Arbitration Agreement contained provisions that were, in many respects, different from the arbitration provision set forth in the Offer Letter. The documents in the onboarding package (including the Arbitration Agreement) were not provided to plaintiff in advance of his first day of…