Helfet

FACTS AND PROCEEDINGS BELOW

A. The Disputed Agreement Helfet is a former employee of Motive, a company providing telecommunications services to consumers. During Helfet’s new employee orientation and onboarding process at Motive, company personnel presented Helfet with a stand-alone document entitled “Employee Confidentiality and Mutual Arbitration Agreement— California” (the agreement). (Full capitalization omitted.) The agreement states that it is between Helfet and Motive, referred to in the agreement as “the company.” (Capitalization omitted.) Section 19 of the agreement (the arbitration provision) is entitled “Arbitration.” It provides, inter alia: “The company is committed to using binding arbitration to resolve all legal disputes, whether initiated by the company or by an employee, in a forum which provides this alternative to the court system. As a condition of employment or continued employment of [Helfet], [Helfet] agrees to use the arbitration forum. The company’s agreement to use binding arbitration is confirmed by its signature below; [Helfet]’s agreement is confirmed by [his] signature below or by [his] acceptance or continuation of employment upon notice of this…