The Devil is in the Details: Court Refuses To Compel Arbitration Where Employer Used Conflicting English and Spanish Versions Of An Arbitration Agreement

Boughton, Ross - 300dpi
Ross Boughton

Executive Summary

California’s Second Appellate District issued employers a reminder regarding the importance of attention to detail when drafting and issuing employment policies.  In Juarez v. Wash Depot Holdings, Inc., 2018 Cal. App. LEXIS 604 (July 3, 2018), California’s Court of Appeal refused to compel arbitration where an employer issued different and conflicting English and Spanish versions of an arbitration agreement.  Applying the age old rule that ambiguous contract language is construed against the drafter, the Court found that the more employee-friendly version (the Spanish version) applied, and upheld the denial of the employer’s motion to compel arbitration. Continue reading