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2312 An arbitration agreement contained in an employee handbook that was given to an employee who was directed to sign a document accepting all terms in the handbook immediately or lose her job was procedurally unconscionable because the employee had no bargaining power and had no reason to expect that the handbook contained an arbitration clause, and was so one-sided as to be substantively unconscionable because it required employees to submit all employment claims to arbitration but reserved the employer's right to judicial adjudication of its claims; the combination of procedural and substantive unconscionability made the purported agreement unenforceable.CitationKINNEY v UNITED HEALTHCARE (Handbook Agreement) 70 CA4 1322 [See: CivC 1670.5; Graham v Scissor-Tail 28 C3 807; A&M Produce v FMC 135 CA3 473 Stirlen v Supercuts 51 CA4 1519, T/AT 3/97]
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