Is Un-Initialed Employee Contract Still Binding?

In California, a man brought an action against his former employer, alleging claims of employment-related discrimination and retaliation. The Superior Court of Los Angeles County denied the employer’s motion to compel arbitration. The employer appealed.  

The employer and employee had signed an arbitration agreement, but neither initialed a jury waiver included in the agreement. The third paragraph of the agreement is the subject of the motion to compel. It consists of two sentences: “Employer and Employee each agree that arbitration, as provided for in this Agreement, shall be the exclusive forum for the resolution of any covered dispute between the parties. In agreeing to arbitration, both employer and employee explicitly waive their respective rights to trial by jury.” Neither the employer nor employee initialed on the line.