Craig

Craig v. Brown & Root, Inc.

Good Law
100 Cal. Rptr. 2d 818·2000 Cal. App. LEXIS 819·2000 Daily Journal DAR 11469·84 Cal. App. 4th 416·16 I.E.R. Cas. (BNA) 1591
Court of Appeal of CaliforniaOctober 26, 2000B136651California1,839 words

Opinion

Opinion

Vogel, J.

The trial court compelled arbitration of this wrongful termination action, which was then arbitrated and decided in favor of the employer. The employer’s petition to confirm the arbitrator’s award was granted. The employee appeals, claiming she never agreed to arbitrate and, in the alternative, that the arbitration agreement is unfair, unconscionable and unenforceable. We affirm.

Facts

A.

In 1981, Christine Craig went to work for a company that was later acquired by Brown & Root, Inc., a construction firm. In 1993, Brown & Root established a four-step Dispute Resolution Program to resolve “all employee disputes.” In a memorandum sent to all employees, Brown & Root explained the purpose of the Dispute Resolution Program and emphasized (in the following form) that everyone would be bound by it:

The “enclosed brochure” explained the Program’s four-step progression— from open access to management, to an informal conference, to mediation, to arbitration. “Arbitration” is explained this way: “Arbitration is a process in which a dispute is presented to a neutral third party, the arbitrator, for a final and binding decision. The arbitrator makes this decision after both sides…

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