Mitri

INTRODUCTION

Plaintiffs Amanda Mitri and Eric Eppel (plaintiffs) sued their former employer, Arnel Management Company (Arnel), Arnel’s owner, George Argyros, and Arnel supervisors Steve Mensinger, Ole Olson, and Leslie Holis (collectively, defendants) for, inter alia, sexual discrimination and harassment. Defendants filed a motion to compel arbitration of plaintiffs’ claims on the ground plaintiffs had each signed a binding arbitration agreement. The trial court denied the motion based on defendants’ failure to prove the existence of any such agreement to arbitrate. Defendants contend the trial court erred by denying their motion.

We affirm. Amel’s employee handbook states, “[a]s a condition of employment, all employees are required to sign an arbitration agreement” and further states, “[e]mployees will be provided a copy of their signed arbitration agreement.” Defendants have not produced evidence of signed arbitration agreements. Defendants nevertheless contend the handbook’s reference to arbitration is sufficient to force plaintiffs to arbitrate their claims. As discussed in detail post, defendants’ argument is wholly without factual or legal…