When A Click Doesn't Count As Arbitration Acceptance

Law360 (August 16, 2019, 2:22 PM EDT) -- The U.S. Court of Appeals for the Eighth Circuit recently denied an employer’s request to force arbitration. This case was about arbitration, but it teaches employers important lessons about how courts will interpret concepts like “agreements” when the employer’s personnel documents are electronically stored and contain automated “acceptances.”

From this case, employers utilizing automation and intranet-based (or other electronic storage) for items like handbooks and employee contracts should carefully consider the mechanisms in place for acceptance and agreement. Automated acceptance for important documents that require the employee’s consent should be avoided to work toward ensuring those documents are enforceable in court....

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