Florida Appellate Court Upholds Arbitration Even Though Employee Did Not Sign Policy
A former employee of our client General Dynamics Aviation Services Corporation sued, alleging discrimination and retaliation in violation of the Florida Civil Rights Act. We filed a motion to compel arbitration based on the company’s dispute resolution procedure. The plaintiff argued in opposition that the company’s dispute resolution procedure did not constitute a valid arbitration agreement because he never signed it, nor did he receive anything from the company, monetarily or otherwise, to give up his right to a trial by jury. The trial court granted the motion to compel arbitration and Florida’s Fourth District Court affirmed. The appellate court found that the dispute resolution procedure constituted a valid agreement to arbitrate and that the fact that the plaintiff never signed the agreement had no effect on its validity. The court found the fact that the plaintiff continued to work for the company after the dispute resolution procedure was implemented constituted his agreement to be bound by the terms of the policy.
Santos v. General Dynamics Aviation Services Corp., 984 So.2d 658 (Fla. 4th DCA 2008).