Nicolas Molina (Molina), a warehouse workder for Sandinavian Designs, Inc. (Scandinavian) sought to sue after his employment was terminated. Scandinavian sought to compel arbiration. Molina opposed the motion, contending that he speaks very little English and thus had no idea that he had signed an arbitration agreement. Last month, in Molina v. Scandinavian Designs, Inc., the Northern District of California rejected the argument.

In part, Mr. Molina’s problem is evidentiary. Scandinavian claims that an administrative assistant met with Mr. Molina on the day he was hired and presented him with two forms to sign: a one-page employment agreement and a two-page arbitration agreement. Scandinavian claims that the administrative assistant spoke with Mr. Molina in both English and Spanish, gave him time to read the forms and told him to ask questions is he had any.

Molina tells a very different version of events, but it doesn’t matter. As the court explains,

[U]nder established California law, even if Molina could read very little English, Molina’s signature on the Arbitration Agreement manifests his assent to its terms, binding him to the contract.

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Tags: Agreement Nicolas Molina, arbitration agreement, Inc., Sandinavian Designs, Scandinavian Designs