De Leon v. Pinnacle Property Management Services, LLC

FACTS

The Issue Resolution Agreement In 2016, plaintiff submitted an electronic application for employment with Pinnacle. Among other things, he electronically signed an “Issue Resolution Agreement” (IRA), which he was required to sign as a precondition to employment. The IRA provided that plaintiff and Pinnacle agreed to “settle any and all previously unasserted claims, disputes or controversies arising out of or relating to [plaintiff’s] application or candidacy for employment, employment, and/or cessation of employment with Pinnacle . . . exclusively by final and binding arbitration before a neutral Arbitrator.” The selected arbitrators would have experience deciding employment disputes, and arbitration would be conducted in accordance with the “Issue Resolution Rules” (IRR).

2 The IRA further advised: “The [IRA] and the Issue Resolution Rules affect your legal rights. You may wish to seek legal advice before signing this [IRA].” (Boldface omitted.) Plaintiff could withdraw his consent to the IRA within three days of signing if he notified Pinnacle he no longer wanted to be considered for employment. The IRR were attached to the IRA and included several provisions that are…