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Griffin v. United Health Care Services10/31/2005
nfair business practices, in violation of Business and Professions Code section 17200, and declaratory relief for a determination as to whether a valid and enforceable employment agreement required them to submit their claims to binding arbitration or other alternative dispute resolution procedures.
Petition to Compel Arbitration
Defendants petitioned to compel arbitration based on the "arbitration agreements" entered into by all plaintiffs. In support of their petition, Carla Supanich, a human capital consultant responsible for the San Francisco office employees of United HealthCare Services, attached as Exhibit One to her declaration a "true and correct copy of the Arbitration Agreement in effect for all United HealthCare Services, Inc. employees, dated March 2002."
Exhibit One is an eight-page document entitled "UnitedHealth Group Employment Arbitration Policy." The section on page one entitled "Scope of Policy" states: "Agreement to be bound by the Policy is a condition of employment (and continued employment) with UnitedHealth Group. The agreement between each individual employee and UnitedHealth Group to be bound by the Policy creates a contract requiring both parties to resolve all employment-related disputes that are based on a legal claim through final and binding arbitration. Arbitration is the exclusive forum for the resolution of such disputes, and the parties mutually waive their right to a trial before a judge or jury in federal or state court in favor of arbitration under the Policy."
The section of the policy entitled "Effective Date" states: "This Policy became effective on October 2, 1995 for all persons employed by UnitedHealth Group Corporation or its subsidiaries who were assigned to The MetraHealth Companies, Inc., or any of its subsidiaries. This Policy became effective on January 1, 1996 for all other employees of UnitedHealth Group or its subsidiaries employed on or after that date. [ ] This Policy supersedes any and all prior versions and has been revised effective March 1, 2002."
The policy concludes on page seven with an "Employment Arbitration Policy Acknowledgement Form," set off in a box. At the bottom of page 7 the acknowledgement form states:
"I acknowledge that I have received and been given the opportunity to review the attached copy of the UnitedHealth Group Employment Arbitration Policy (the `Policy'). I understand that arbitration is the final and exclusive forum for the resolution of all employment-related disputes between UnitedHealth Group and me that are based on a legal claim. [ ] I further understand that the employment related disputes subject to arbitration under the Policy include any claims arising under any federal, state or local statute, regulation or common law doctrine regarding or relating to employment discrimination, terms and conditions of employment, or termination of employment (and any future additions, changes, or amendments to those laws), including, but not limited to, the following:
[The boxed acknowledgement form then continues over to page eight, the last page of the Employment Arbitration Policy.]
* "Title VII of the Civil Rights Act of 1964
* "the Civil Rights Act of 1991
* "the Age Discrimination in Employment Act
* "the Americans With Disabilities Act
* "the Family Medical Leave Act,
* "state human rights or anti-discrimination laws
* "breach of contract, promissory estoppel, or any other contract claims
* "whistleblower or retaliation claims
* "defamation, employment negligence, or any other tort claims
"I furt
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