Alonso Sixth Circuit case finding: Agreement not enforceable
In the Alonso case, the plaintiffs agreed as part of their employment application process with an ambulance company that all claims would be taken to binding arbitration. In reversing the trial court’s ruling that the plaintiffs were bound by the arbitration agreement, the Sixth Circuit observed that, prior to signing the waivers, the employees were given only general information about the grievance process that they would be required to follow. The Court held that without providing more detailed information regarding the actual grievance and dispute resolution procedures before requiring a signed waiver, the employer could not enforce the waivers that purported to surrender the employees’ right to proceed in court. The lesson from this case is clear: Employers need to provide detailed information about the dispute resolution process and grievance procedure BEFORE they are asked to waive rights to proceed to court.