Tran

Tran v. Integra LifeSciences Corp. CA4/3

Good Law
Court of Appeal of CaliforniaAugust 18, 2016G051620California6,260 words

Opinion

Opinion

Thompson, J.

FACTS

Tran sued Integra in March 2014, and while the complaint is not included in our record, both sides describe it as alleging various causes of action arising out of employment discrimination in violation of Government Code section 12940, including gender and disability discrimination, failure to accommodate, harassment, and wrongful termination. In July 2014, defendants filed their motion to compel arbitration of the complaint, in accordance with the arbitration provision contained in an “Applicants Statement [and] Agreement” (Applicants Agreement) they contended Tran had signed when applying for a job with IsoTis OrthoBiologics, Inc. in 2006. (Boldface omitted.) The Applicants Agreement is a densely packed, single page document which begins with the sentence “In the event of my employment to a position in the Company, I will comply with all rules and regulations of the Company.” It then sets forth various requirements and policies of “the Company,”—which are never identified— including that “the Company promotes a voluntary system of alternative dispute resolution, which involves binding arbitration to resolve all disputes which may arise out of the employment context.” The…

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