Litigation & Arbitration
Dec. 22, 2025
Unconscionable agreements: How courts are rejecting one-sided arbitration
Three 2025 California decisions send a clear message: When employment arbitration agreements are rushed, one-sided and stacked in the employer's favor, courts will refuse to enforce them.
Maurice Mandel II
Email: MMANDEL2@AOL.COM
Maurice Mandel II, has been an employment law practitioner since 1980, was a founding member of the Employee Rights Council, with Joe Posner and William Crosby, from which CELA sprang. His practice predominately represents employees, and is located in Newport Beach.
The California District Court of Appeal (DCA) issued three notable decisions holding employment arbitration agreements as unenforceable contracts due to unconscionability. These were: Velarde v. Monroe Operations, LLC. 111 Cal. App. 5th 1009 (June 6, 2025), Silva v. CrossCountry Healthcare, Inc. 111 Cal. App. 5th. 1311 (June 13, 2025), and Gurganus v. IGS Solutions, Inc. (Pub gran...
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