Firm defeats another attempt to force arbitration of employment claims
December 19, 2018 – Firm lawyers Nick Carlin and Brian Conlon succeeded today in convincing Alameda County Superior Court Judge Winifred Y. Smith to reject auto dealership Hanlees Auto Group’s attempt to compel arbitration of most of firm client Thomas Jarboe’s employment claims. The employer based its motion to compel arbitration on an agreement the client allegedly entered into with only one of its conglomerate’s entities. In denying in substantial part Hanlees’ motion, the court agreed with the firm that the client could only be compelled to arbitrate his individual claims with the entity listed on the arbitration agreement, and not the other entities or individuals he worked for. The court also agreed that the client’s Private Attorney General Act claims could not be arbitrated at all and that he was entitled to “seek and recover every remedy” otherwise available to the State of California in court, including lost wages payable to aggrieved employees under California Labor Code § 558. The court also refused to stay, as Hanless requested it do, any part of the court case while the client’s individual claims are arbitrated. Further proceedings before Judge Smith are pending, as the firm continues its efforts to vindicate the client’s rights and those of his fellow employees in court.