Birrueta

I. Facts

A. Hiring, Employment and Termination UMA Enterprises, Inc. (UMA), is a nationwide wholesaler and distributor of imported goods. In April 2001, UMA hired plaintiff as a maintenance worker. Plaintiff’s sole language is Spanish. In September 2018, UMA fired plaintiff five days after he suffered a stroke while on the job and was hospitalized. At the time, plaintiff was 75 years old. He was allegedly terminated for failing to request medical leave three days before his hospitalization. B. Arbitration Agreements The arbitration agreement at issue is a four-page document written in English. The last page is signed “Leonides Birrueta” and is dated August 29, 2014. Immediately above the signature lines, the agreement reads: “BY SIGNING THIS AGREEMENT,

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ

THIS AGREEMENT, THAT YOU UNDERSTAND ITS TERMS,

AND THAT YOU HAVE ENTERED INTO THIS AGREEMENT

VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES

OR REPRESENTATION BY THE COMPANY OTHER THAN

THOSE CONTAINED IN THIS AGREEMENT.”

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II. Procedural Background

A. Complaint In September 2020, plaintiff sued UMA for wrongful termination in violation of public policy, denial…