Perry

FACTS

Perry had worked for the Auto Club for over 26 years when she was fired in 2012. The circumstances of her firing are in dispute and are irrelevant to the issues before us. Perry filed a complaint alleging several causes of action, the gist of which was wrongful termination. Rather than answer, the Auto Club brought a motion to compel arbitration. According to the Auto Club’s evidence, when Perry was first hired there was no arbitration agreement in place. In 2004, the Auto Club decided to adopt a policy requiring all employees to abide by an arbitration agreement set forth in a document entitled “Mutual and Binding Arbitration Agreement” (Arbitration Agreement). Continued employment was conditioned on accepting the agreement. The Auto Club attached a copy of the Arbitration Agreement to its moving papers. The version it attached had no signature block at the bottom. To obtain each employee’s agreement, the Vice President of Human Resources at the Auto Club drafted a memorandum explaining the new rule, attached a

2 copy of the Arbitration Agreement, and, in his words, “caused copies of my memorandum with the attached Arbitration Agreement to be distributed to all employees…