When former Quiksilver retail store employee Lynn Adams filed a wrongful termination suit against her former employer Quiksilver filed a motion claiming that when Adams was hired she signed a electronic arbitration agreement and waived her rights to a jury trial. The court granted the motion, according to an opinion released February 22, 2010 on Leagle.com.
Adams then filed a “petition for extraordinary relief” with the Court of Appeals of California, Fourth Appellate District, Division Three saying she “never agreed to arbitrate claims against Quiksilver and she never signed the electronic document containing the arbitration clause” and the court agreed with her.
Adams contends there is no substantial evidence to support the trial court’s finding that she entered into an agreement to arbitrate her claims against Quiksilver. She argues there is no evidence she typed in the electronic signature and, even if she did, there is no evidence she actually agreed to arbitrate. We agree.
Guess that means Adams can continue on with her legal action and Quik has one more appellate reversal and Adams legal costs to pay.
[Link: Leagle.com]
