McCoy

Fisher & Phillips, James J. McDonald, Jr., Irvine, and Scott D. Schneider, New Orleans, LA, pro hac vice, for Real Party in Interest.

David McCoy seeks a writ of mandate from this court commanding the superior court to reverse its order granting his former employer's petition to compel arbitration. McCoy claims the agreement to arbitrate is procedurally and substantively unconscionable. We agree and issue the writ.

David McCoy had been employed by the law firm of Marshack Shulman & Hodges (the Firm) as a file clerk for about three and a half years when he was summarily terminated in April 1999. McCoy believed his termination was related to his impending two-week leave of absence for annual military training and filed a wrongful termination action against the Firm in the Orange County Superior Court. The Firm moved to compel arbitration, citing an agreement signed by McCoy. The trial court granted the motion, and McCoy petitioned this court for a writ of mandate. We issued an order to show cause and set the matter for oral argument.

The arbitration agreement, styled with the employee as the first person, states: "Because of the mutual benefits (such as reduced…