Arbitration clause in an employment agreement did not apply to pending case
The federal court in Russell v. Citigroup, Inc., rejected the Defendant's argument that when Russell signed an employment agreement with an arbitration clause, it operated to require him to dismiss and arbitrate a pending claim. He had joined a class action over working hours in 2012, after being terminated by the Defendant, and signed the employment agreement when he was re-hired the following year. The Court pointed out that the language of the agreement clearly applied the arbitration clause only to disputes arising after it was signed.
This is simply another example of the corporate over-reach with regard to the elimination of employees' civil and employment rights. Presumably, if the company had worded the language more broadly, the court would have considered it a "knowing waiver" of Russell's rights, regardless of intent--or fairness.