Petition To Compel Arbitration Denied.

Defendant employer appealed from denial of its petition to compel arbitration of a wrongful termination claim. The arbitration clause was in an employee handbook which plaintiff acknowledged receiving. The appellate court affirmed, stating:  “We hold that plaintiff is not bound by the arbitration clause because that clause was included within a lengthy employee handbook; the arbitration clause was not called to the attention of plaintiff, and he did not specifically acknowledge, or agree, to arbitration; the handbook stated that it was not intended to create a contract; the handbook provided that it could be amended unilaterally by defendant and thus, rendered any agreement illusory; the specific rules referred to in the arbitration clause were not provided to plaintiff; and the arbitration clause is unconscionable.” Sparks v. Vista Del Mar Child and Family Services (Cal. App. Second Dist., Div. 5;  July 30, 2012) (As Mod., August 20, 2012) 207 Cal.App.4th 1511.