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Espejo v. Southern California Permanente Medical Group

Articles Discussing Case:

California Appeals Court Provides Guidance on the Use of Electronic Signatures by Employees

Ogletree Deakins • April 27, 2016
In many companies, new employees sign key documents and policies—including arbitration agreements—with the use of electronic signatures. There has been a growing trend in litigation brought by former employees to challenge these signatures as inauthentic in response to employers’ motions to compel arbitration of the employees’ lawsuits. These challenges are based on employees’ claims that they either did not sign the agreement or that they can’t remember ever having seen the agreement and, if they had, that they would never have signed it. Many judges have been taking these challenges seriously and requiring employers to respond through extensive briefing and evidentiary hearings to authenticate the employee signatures.