Does an employer need to clearly identify and attach the applicable rules to an employee's employment application?

California, United States of America


The following excerpt is from Hovanesyan v. Glendale Internal Med., B277855 (Cal. App. 2017):

Clearly identifying and attaching the applicable rules is important to avoid "surprise to the party opposing arbitration." (Lane v. Francis Capital Management LLC (2014) 224 Cal.App.4th 676, 690 (Lane).) Failing to do so " 'contributes to oppression because the employee "is forced to go to another source to find out the full import of what he or she is about to signand must go to that effort prior to signing." ' [Citation.] The level of oppression is increased when . . . the employer not only fails to provide a copy of the governing rules, but also fails to clearly identify which rules will govern so the employee could locate and review them." (Carbajal, supra, 245 Cal.App.4th at p. 245.)

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