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| Case Name | Sonic-Calabasas A v. Moreno | |
|---|---|---|
| Date | 07/12/2011 | |
| Note | An employer cannot condition a worker's employment upon an arbitration agreement that would require the worker to waive the statutory right to a Berman hearing. | |
| Citation | B204902 | |
| WCC Citation | WCC 37802011 CA |
(Sonic-Calabasas A, Inc. v. Moreno (2009) 174 Cal. App. 4th 546, rev. Frank Moreno is a former employee of Sonic-Calabasas A, Inc. (Sonic), which owns and operates an automobile dealership. As a condition of his employment with Sonic, Moreno signed a document entitled `Applicant's Statement & Agreement. 'Proc. , § 1281. 2. ) Sonic argued Moreno waived his right to a Berman hearing in the arbitration agreement. By its terms, the agreement precluded Moreno from pursuing any judicial `or other government dispute resolution forum,' subject to certain enumerated exceptions.
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