Jones

Defendant Humanscale Corporation appeals from an order denying its petition to confirm an arbitration award and granting plaintiff Kevin Jones’s counter petition to vacate the award. (Code Civ. Proc., § 1294, subds. (b) & (c).) The trial court concluded the award violated California’s public policy against covenants not to compete and also erroneously obligated plaintiff to pay part of the expenses of arbitration. The first ground contradicts the doctrine of arbitral finality and the latter merely supports a correction of the award. We also reject plaintiff’s alternative claims that the parties’ contract is illegal, the arbitrator exceeded his authority by deciding plaintiff’s claim for unpaid wages, and the arbitration clause is unconscionable. We reverse the order with directions to correct the invalid division of the arbitration expenses and, as so corrected, confirm the award.

FACTS

Defendant, which manufactures and sells ergonomic office products, is incorporated in New York and has sales and manufacturing facilities in New Jersey. In late 2000, plaintiff began working as a regional manager for a company affiliated with defendant. At that time he executed a written…