5. Two former employees filed a lawsuit, alleging wrongful discharge and other workplace tort claims, against their former supervisor and the company that had employed them. The defendants sought dismissal of the suit, pointing to a standard agreement to the effect that all employees agreed to arbitrate all such disputes. The employees testified that they had never seen the arbitration policy and had never signed any agreement to abide by it. A copy of the agreement signed by a third former employee proved to have been executed by her eighteen months after she was hired.

Should the court compel the two plaintiffs to submit their claims to arbitration on these facts?

See Ryan’s Family Steakhouse, Inc. v. Brooks-Shades

[2000 WL 1451563 (Alabama Supr.)].