(Download) "Little V. Auto Stiegler" by California Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Little V. Auto Stiegler
- Author : California Supreme Court
- Release Date : January 27, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
In this case, we consider four interlocking questions: (1) Is a provision in a mandatory employment arbitration agreement that permits either party to "appeal" an arbitration award of more than $50,000 to a second arbitrator, unconscionable; (2) if it is unconscionable, then should that unconscionable provision be severed from the rest of the arbitration agreement and the agreement enforced, or is the entire agreement invalid; (3) if the former, then in reviewing the rest of the arbitration agreement, do the minimum requirements for arbitration of unwaivable statutory claims that we set forth in Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83 (Armendariz) apply also to claims that an employee was terminated in violation of public policy; (4) if yes, then must one of those requirements - that the employer imposing mandatory arbitration on the employee must pay all costs unique to arbitration - be reconsidered and revised in light of a post-Armendariz United States Supreme Court decision on arbitration costsharing, Green Tree Financial Corp. v. Randolph (2000) 531 U.S. 79 (Green Tree).