Harris
Harris v. TAP Worldwide, LLC
Opinion
Opinion
Turner, J.
I. INTRODUCTION
Defendants, TAP Worldwide, LLC, Eddie Rivera and Alex Dominguez, appeal from an order denying their motion to compel arbitration. Plaintiff, Dwayne Harris, filed a complaint against defendants alleging wrongful termination and violations of the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the Labor Code. Defendants moved to compel arbitration relying upon an arbitration agreement which plaintiff acknowledged receiving. Plaintiff asserted there was no arbitration agreement and alternatively argued any agreement was unconscionable. Defendants’ motion to compel arbitration was denied.
Defendants assert the trial court erred because the arbitration agreement attached as appendix A (Appendix A) to the employee handbook (Employee Handbook) is enforceable. The undisputed facts demonstrate there is a valid arbitration agreement; the agreement to arbitrate is not illusory; and, as discussed in the unpublished part of our opinion, the arbitration agreement is not unconscionable to the degree that it is unenforceable. Accordingly, we reverse the order under review.