The employer objected to the decision and the Court of Appeal set it aside. While the Court of Appeal found that the contract was a contract and that the determination of damages was unacceptable, the Court of Appeal held that the balance of the arbitration agreement should be applied. The California Supreme Court then allowed a review. The California Supreme Court has held that claims filed under the California FEHA are in fact arbiters if “arbitration allows an employee to justify his or her legal rights.” In conclusion, the Tribunal found that the compromise clause had to meet certain minimum requirements for a labour arbitration agreement to be enforceable (particularly with respect to discriminatory claims under the FEHA). These include: (1) not limiting otherwise available remedies; (2) a provision for “appropriate discovery”; 3. the duty of the arbitrator to “make a written arbitration decision which, even briefly, will reveal the essential findings and conclusions on which the arbitration award is based”; and (4) the prohibition of any language requiring the worker to bear any kind of costs that the worker would not have to bear if he took legal action (i.e. arbitration compensation). The court also considered ruthless doctrine and whether ruthless measures could be taken or limited in order to avoid a ruthless outcome. The court refused to make the ruthless arrangements and annulled the entire agreement.
18. After working for several years in my company, I was asked to sign a forced arbitration agreement at work. What am I supposed to do? One area of scruples to which the courts are generally very sensitive is any biased method of selecting the arbitrator. For example, if the employer retains full control over the selection of the arbitrator, most courts have found the agreement unenforceable. Unfortunately, this is a somewhat difficult situation to detect, as employers often use seemingly neutral or independent agencies to provide arbitrators. However, in many cases, these agencies simply advertise to employers for their services and point out that they are a way to control the costs of workers` applications.