Claim that the plaintiff did not understand the scope of an Arbitration Agreement and/or that his limited knowledge of English precluded a full understanding of the terms of the Agreement are not enough to invalidate the Agreement’s enforcement.

Sears sought to dismiss its former employee’s wrongful termination suit and to compel arbitration in accordance with the terms of an agreement that had been entered into during the plaintiff’s employment. In opposition to the motion, the plaintiff asserted that he did not understand that the Arbitration Agreement would waive certain statutory rights and that his limited knowledge of the English language precluded a finding that the agreement to enter into the Arbitration Agreement was knowingly made. In rejecting the plaintiff’s arguments and in compelling arbitration, the judge concluded that, in the absence of fraud, the fact that the plaintiff had a limited ability to read, speak or understand the English language is immaterial to whether the English-language agreement is enforceable. The court concluded that the plaintiff was obligated to ensure that he understood what he was signing before doing so.

Case Law Alerts, 3rd Quarter, July 2014