Wise

I. FACTS AND PROCEDURAL HISTORY

A. The Parties’ Agreements As relevant here, the parties entered into two agreements in connection with Wise’s employment with Tesla: an offer letter with an arbitration provision and a nondisclosure agreement without an arbitration provision. 1. Offer Letter On February 2, 2021, Tesla electronically sent Wise a written offer of employment as a production associate (Offer Letter). The Offer Letter set forth terms of Wise’s prospective employment. It identified her compensation and benefits, noting that “Tesla reserves the right to modify your compensation and benefits from time to time, without advance notice, as it deems necessary.” It stated that Wise’s employment would not be for any specified period and could be terminated without cause or notice. It precluded Wise from holding other employment or conducting other business activity directly related to or in conflict with Tesla’s business. It required her to “abide by all Tesla policies and procedures” and, as “a condition of [her] employment, [to] sign and comply with Tesla’s standard confidentiality

2 agreement which prohibits unauthorized use or disclosure of Tesla proprietary information or…