The offer of employment nowhere mentions arbitration. Nhan Hoa presented the trial court with three documents as evidence of a valid agreement to arbitrate: an offer of employment, two pages from an employee handbook headed "Mandatory Arbitration to Settle All Claims," and an acknowledgement of at-will status and clinic policies. ![]() Jacobson (2011) 195 Cal.App.4th 1, 12 ( Jones).) We apply California contract law to determine whether a valid agreement to arbitrate exists. (2013) 218 Cal.App.4th 50, 60 ( Avery).) If the trial court resolved a factual question, we review the resolution for substantial evidence, drawing all reasonable inferences in favor of the judgment. Interpreting an arbitration agreement is a matter of law, subject to de novo review, when there are no conflicting facts. (2010) 186 Cal.App.4th 696, 704.) A trial court presented with a petition to compel arbitration must therefore first determine whether the petitioning party has evidence of a valid agreement. DISCUSSIONĪlthough California law favors arbitration as a method for resolving disputes, it does not favor forcing people to arbitrate if they have not agreed to do so. None of the other documents evidenced an agreement to arbitrate. Doan had not signed it, so the pages did not obligate him to arbitrate. The two pages from the employee handbook had a signature line, indicating that the agreement to arbitrate was a separate, stand-alone agreement that Doan had to sign to indicate his acceptance. The trial court denied the petition to compel arbitration on the ground that Nhan Hoa had not presented evidence of a valid agreement to arbitrate. It submitted three documents to support the petition: an offer of employment dated Apan acknowledgement of at-will status and clinic policies, signed by Doan and dated and two pages from an employee handbook entitled "Mandatory Arbitration to Settle All Claims." The second page from the handbook contains lines for a date and a signature, both of which are blank. ![]() Nhan Hoa petitioned to compel arbitration in May 2017. In two other causes of action, Doan alleged his employment was terminated because he knew Nhan Hoa's CEO was going to falsify a document required by the federal government as part of the clinic's participation in a United States Department of Health and Human Services program as a federally qualified health center, eligible for federal grant money.ĭoan alleged that Nhan Hoa's CEO told him not to hire African-Americans or older people. He also alleged the company withheld compensation to which he was entitled or delayed paying compensation to retaliate for his stand against age and race discrimination. He alleged he was fired for protesting and refusing to cooperate with age and race discrimination in hiring a human resources manager. His employment was terminated at the end of July 2016.ĭoan sued Nhan Hoa in December 2016. The company hired Doan as CFO in early May 2016. Nhan Hoa provides health care services to residents of Garden Grove. Accordingly Nhan Hoa did not carry its initial burden of showing a valid agreement to arbitrate. The documents Nhan Hoa submitted to support its petition indicate that the agreement to arbitrate, part of Doan's hiring paperwork, was a stand-alone agreement requiring execution to be binding the company presented no evidence that Doan had ever signed the agreement. The trial court ruled that Nhan Hoa had failed to produce a valid arbitration agreement. Nhan Hoa Comprehensive Health Care Clinic, Inc., appeals from an order denying its petition to compel respondent Raymond Doan to arbitrate his employment-related claims. ![]() Law Office of Frank Pray and Frank Pray for Plaintiff and Respondent. Ogletree, Deakins, Nash, Smoak & Stewart, Richard Y. 30-2016-00892150) OPINION Appeal from an order of the Superior Court of Orange County, Nathan R. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. NOT TO BE PUBLISHED IN OFFICIAL REPORTSĬalifornia Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). The clinic is designated as a federally qualified health center (FQHC) located in the City of Garden Grove, serving all indigents residing in Orange County.BEDSWORTH, ACTING P. ![]() Since then, Nhan Hoa has grown in size and in assets.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |