Arbitration Agreements With Handwritten Signatures May Be More Enforceable Than Electronic Signatures

As we previously blogged about here, at least for now, mandatory, pre-dispute arbitration agreements for employees are enforceable in California. As employers begin to distribute arbitration agreements to employees, employers should consider requiring employees to provide handwritten, as opposed to electronic, signatures for these agreements. In the recent California Court of Appeal case Iyere v. Wise Auto Group, the Court explained that an "individual's inability to recall signing electronically may reasonably be regarded as evidence that the person did not do so. However, an individual is capable of recognizing his or her own personal signature." By requiring a handwritten signature, employers can better ensure that a signed arbitration agreement will be enforceable in court.