Carbajal v. CWPSC, Inc., 245 Cal.App.4th 227 (2016)

In this case, the plaintiff, Ms. Carbajal, a former employee of CWPSC Inc. filed a motion for her former employer to be denied the privileges of compelling her to an arbitration as had been indicated in her employment contract agreement. The company operations involved services to homeowners for in-house painting. At the time of Carbajal incorporation into the company she had been a student in the State of California, whereby the company was renowned for picking interns from colleges in the state. In the company’s interview for new interns, Carbajal was among the select few who got accepted into their internship program, provided she signed the contract agreement, “2012 Season Employment Agreement—CWP Intern”. In this contract, the company had included clauses that provided for a forceful arbitration process in case an employee filed a case against the employers. In 2012, Carbajal quit her position and a year later filed complaints against her former employer for numerous disputes that included unpaid wages, unexplained deductions, uncompensated business expenses that she covered out of her own pocket and the company failing to pay her in time after she quit in 2012.

Issue:  Should the contract agreement, in relation to the arbitration provision for Carbajal and CW painting be enforceable?