The company and I agree and we recognize that we will use mandatory arbitration as the only exclusive means to resolve any disputes arising from my employment and/or employment application, or that are related in any way, including, but not only, to the end of my employment and compensation. With respect to the retroactivity argument, the Court rejected this argument. Rightly so, since the courts are more concerned about arbitration agreements signed before litigation (pre-regulation) than after: according to Eric A. Todd, managing partner of Ogletree Deakins` St. Louis office, „The Missouri courts continue to scrutinize arbitration agreements between employers and workers. While it is customary for agreements to contain a amendable clause, such as Bowers`, these provisions may later lead to questions of applicability. Employers should review their agreements to ensure that they comply with the most recent court decisions on this issue. A recent decision by the Fourth District of the California Court of Appeals upheld an earlier ruling that employee-employer arbitration agreements could be applied to pre-existing disputes prior to the implementation of the arbitration agreement. In 2013, PNC Bank amended its customer agreement to include an arbitration provision. The amendment stated that PNC Bank agreed to accept the amendment if account holders did not log out and continued to use their accounts. Dasher did not opt out or stop using its account after the change was included in its customer agreement. In 2014, PNC Bank imposed arbitration proceedings on the basis of the modification of its customer agreement and Derher`s alleged acceptance of the amendment. The Tribunal also rejected this application and PNC Bank appealed.
The eleventh circle upheld the court`s decision. After resigning from his position, the worker brought a discrimination action against the employer before the State Court. The employer moved to force arbitration, citing the agreement signed by the employee.