Salgado
Salgado v. Carrows Rests., Inc.
Opinion
Lead Opinion
Gilbert, J.
An employer and its employee sign an agreement to submit all disputes to arbitration. Does the agreement apply to disputes that have occurred prior to the execution of the agreement?
The employee's counsel does not know his client signed the arbitration agreement. Does the employer know or 2. should it have known the employee was *851 represented by counsel when the arbitration agreement was signed?
The answer to these questions concerns time. Here time is relevant, but not relative.
Carrows Restaurants Group, Inc. and Catalina Restaurant Group, Inc. (collectively Carrows) appeal an order denying their motion to compel arbitration. We conclude the language of the arbitration agreement is sufficient to apply to the current action. But we remand to determine whether Carrows knew that at the time plaintiff employee signed the arbitration agreement, plaintiff was represented by counsel. We reverse and remand.
FACTS
Salgado began working at Carrows Restaurant in 1984. On November 22, 2016, she filed a lawsuit in the Ventura County Superior Court alleging employment discrimination and violation of civil rights against Food Management Partners dba Carrows Restaurant.