Gorlach

Defendants The Sports Club Company and five of its officers appeal an order denying a motion to compel arbitration. 1 We conclude that the trial court properly denied the motion to compel, and thus we affirm.

STATEMENT OF FACTS

Susan Gorlach is the former human resources director for Sports Club. She resigned her position on August 6, 2010.

*1500 Prior to 2010, there were no arbitration agreements between Sports Club and its employees (or “team members”). In 2010, Sports Club revised its “Team Member Handbook” (handbook) to include an arbitration agreement. The revisions relevant to this appeal are as follows:

Gorlach was tasked with presenting the new handbook to all Sports Club employees and collecting their signatures to the arbitration agreement. She began conducting general meetings about the handbook and collecting employee signatures the week of June 14, 2010.

On June 30, 2010, Gorlach told chief operating officer April Morgan that all corporate employees except four had signed the arbitration agreement, but she did not identify herself as one of the employees who had not signed. She also told Morgan that 254 of the 256 employees who had attended the general…