Employee's Electronic Signature on Arbitration Agreement Is Authentic

More and more companies are requiring employees to electronically review, sign and acknowledge a host of employment documents. Accordingly, it is important that employers understand the various factors courts look at to determine the validity of such electronic signatures. More than a decade ago, California and federal lawmakers issued legislation providing for the enforceability of electronic signatures. The relevant California statute, known as the Uniform Electronic Transactions Act, provides that an "electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which [sic] the electronic record or electronic signature was attributable." (Cal. Civ. Code § 1633.1 et seq.)