What’s an Employer to Do About its Standard Arbitration Agreement in all of its Employee Contracts in Ohio – Arnold v. Burger King and Jones v. Carrols, LLC d/b/a Burger King

If you’ve ever eaten at a Burger King in Ohio, it may well be one that is owned and operated by Carrols LLC, the largest franchisee of Burger King restaurants in the United States.  Carrols and its related entities own over 560 Burger King franchises in 13 different states and employ over 17,000 employees.  Carrols owns over 60 Burger King restaurants in Ohio alone (indeed, as it turns out, the Burger King where I get my morning coffee is one owed by Carrols).  In August 2006, Carrols implemented a company-wide Mandatory Arbitration Program (“MAP”), and it distributed to all of its employees a company memorandum outlining the program and attaching a copy of the arbitration agreement to it.  The memorandum stated “‘[b]y reporting to work on or after August 1, 2006, you agree to the terms of MAP as a condition of your continued employment with Carrols.'” Employees who were already employed as of August 2006 did not have…

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