Fittante

Plaintiff and appellant Edward J. Fittante (plaintiff) appeals a final judgment dismissing his wrongful termination action against his employer, defendant and respondent Palm Springs Motors, Inc. (the employer). The trial court had instead sent the matter to arbitration. In the context of granting the employer’s motion to compel arbitration of plaintiff’s employment dispute, the court also denied plaintiffs motion to require the employer to pay the arbitrator’s fees.

Plaintiff asserts that the arbitration agreement, required as a condition of employment, was invalid as an unconscionable adhesion contract, under Armendariz v. Foundation Health Psychcare Services, Inc., Mercuro v. Superior Court, and Stirlen v. Supercuts, Inc. We discern differences between the arbitration agreement at issue here and those involved in the cited cases that ameliorate the perceived oppressive conditions and effects that rendered those agreements unconscionable. Accordingly, we conclude, except for one severable portion, that the arbitration agreement is valid and enforceable. We do agree with plaintiff, however, that vindication of his unwaivable statutory rights claim under Labor Code…