Attayeb

BACKGROUND

Audrey hired Attayeb and Westmoreland to provide in- home nursing and personal assistance services to Matthew’s mother, Kathleen. After resigning from their roles in 2022, Attayeb and Westmoreland each filed a complaint against appellants, which alleged (among others) causes of action for violation of the Labor Code, wrongful termination, and sexual harassment.

Appellants moved to compel arbitration, arguing that both Attayeb and Westmoreland had electronically signed binding arbitration agreements. Appellants’ motions were supported by declarations from Matthew and Ryan Wehr, the Director of Product Management for Insperity PEO Services, L.P. Matthew’s declarations attached (as exhibits) copies of the arbitration agreements purportedly signed by Attayeb and Westmoreland.

Matthew’s declarations state that, as its manager, he is familiar with Audrey’s on-boarding policies and processes; that Audrey has a “comprehensive arbitration program”; and that Audrey uses Insperity as a “professional employer organization” to handle payroll and other human resources matters.

At the conclusion of his declarations, Matthew states that Audrey’s employment files, which it prepares…