Tobin

FACTS AND PROCEDURAL BACKGROUND

When Tobin was hired in 2010, he executed an agreement re at-will employment and arbitration (Agreement) which provides, in part: "The Company and I . . . agree and acknowledge that final and binding arbitration shall be the exclusive forum to hear and decide any dispute between the Company and me . . . . Except for the claims carved out above, this Agreement includes all common-law and statutory claims, including, but not limited to, any claim for breach of contract, unpaid wages, wrongful termination, unfair competition or misappropriation of trade secrets, and for violation of laws forbidding discrimination, harassment, and retaliation on the basis of race, color, religion, gender, age, national origin, disability, and any other protected status which may be brought under applicable state or federal law." The Agreement, which does not identify "the Company," is signed by Laura Borusiewicz on the Company's behalf.

1 All further statutory references are to the Code of Civil Procedure unless otherwise stated.

2 After his employment was terminated in 2013, Tobin filed a complaint against Hilton and Fess Parker for (1) discrimination, (2)…