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Spanish speaker bound by mandatory arbitration clause in English.

Publication: Trial
Publication Date: 01-NOV-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
A worker who speaks only Spanish and signed an employment contract written in English is bound by a mandatory arbitration clause within it, a divided Third Circuit panel has ruled, although the man argued that he could not understand the contract and did not know about the clause. (Morales v. Sun Constructors, Inc., 2008 WL 3974059 (3d Cir. Sept. 2, 2008).)

Juan Morales, a welder in St. Croix, U.S. Virgin Islands, was hired by Sun Contractors in 2004. At an orientation conducted in English, he was asked to sign an hourly employment agreement, and Sun asked another bilingual job applicant, Jose Hodge, to help...

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