The same applies to agreements submitted to workers electronically. The Eighth Court of Appeals (which regulates Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota) last month upheld a district court`s refusal to impose arbitration, where the employer could at best show that the employee recognized her review of arbitration programs (and perhaps not even as much) – but not really arbitration. See Shockley v. PrimeLending, 18-1235 (8th Cir. July 15, 2019). The court found that Shockley was at best aware of the existence of the arbitration in the manual. But knowing that the agreement is there, and agreeing to be bound to its terms, is two different things. The court found that “general knowledge or awareness of the existence of a contract by the worker” was not sufficient to “be the positive and unequivocal acceptance required by Missouri law.” The manual in question was kept on an intranet accessible by Primelending staff. In August 2016, two months after he was hired, Shockley accessed the company`s intranet, clicked and opened several company documents, including the manual. When an employee enters the area of the intranet that contains the manual, the employee is advised that she confirms, by entering, the verification of the materials in it.
But the click that generates the confirmation did not open the full text of the manual. On the contrary, the click created a pop-up window containing a link that had to be clicked to open the full manual. Shockley followed the same process in February 2017 as part of an annual policy review. Shockley said she didn`t remember checking the manual. Nor was there any evidence that Shockley would actually click on the link in the pop-up window that would have led them to the full manual. An employee who signed a confirmation that he had received the company`s personnel manual accepted an arbitration agreement that appears in the manual, a California appeals court ruled. The recognition provided that the worker was bound by the provisions of the manual and that it was up to him to read all his provisions and become familiar with him. According to the court, the employer has no obligation to bring the arbitration agreement to the employee`s attention. In Nelson v.