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2948 A clause in an employment contract requiring arbitration of all disputes involving changes in position, conditions of employment or pay, or the end of employment; calling for arbitration in Oakland, California; limiting the employee's remedies to reinstatement and/or back pay for a six month period; and requiring the employee to pay all initial costs of arbitration, with the winner entitled to recover reasonable out-of-pocket costs and disbursements, but not attorney fees; was unconscionable and unenforceable.CitationPINEDO v PREMIUM TOBACCO (Employment Arbitration) 85 CA4 774 [See: Armendariz v Foundation Health 24 C4 83, T/AT 9/00]
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