Arbitration Agreement Enforceable Despite Employer's 'Unconscionable' Methods

A non-subscribing employer that persuaded an employee to sign paperwork to enroll in its health and safety plan -- while he was in the hospital and under the influence of morphine after being seriously injured in a big-rig accident -- can still enforce the arbitration provision included in those documents, the 14th District Court of Appeal of Texas ruled. The court on Thursday said that David Kelley's acceptance of the benefits offered under the plan had ratified the contract and overrode any procedural unconscionability in the formation of it. The case was Mission Petroleum Carriers v. ...