Cruise v. Kroger Co. Court of Appeal of California. Second District. Division 3. 233 Cal.App.4th 39B. 183 Cal.Rptr.3d 17 [2015]. FACTS Stephanie Cruise applied for a job with Kroger Co.'s Compton Creamery & Deli Kitchen. The application contained a clause requiring arbitration of \"employment-related disputes" and referred to the company's arbitration policy. Cruise was hired. Four years later. she was red. Cruise filed a suit in a California state court against Kroger, alleging employment discrimina- tion. She claimed retaliation, sexual harassment, sexual and racial discrimination, and failure to investigate and prevent harassment and retalia tion. Cruise also alleged wrongful termination in violation of public policy. intentional iniction of emotional distress. and defamation. Kroger led a motion to compel arbitration and provided the court with an undated fourpage arbitration policy. Because the company could not prove that the policy was in effect when Cruise signed the employment application. the court held that there was no proof of a written agreement to arbitrate and denied the motion. Kroger appealed. ISSUE Is an arbitration clause in an employment agreement suffi- cient to establish an agreement to arbitrate? DECISION Yes. The state intermediate appellate court reversed the lower court's denial of Kroger's motion to compel arbitration with directions to grant the motion. When does an employee have to submit to arbitration for employment-related disputes? REASON The appellate court concluded that the arbitration clause in the employment application established that the parties had agreed to arbi- trate their "employment-related disputes." The employment application was signed by Cruise. The arbitration clause, which was initialed by Cruise separately. stated that \"any Employee who wishes to initiate or participate in formal proceedings to resolve any Covered Disputes must submit the claims or disputes to nal and binding arbitration in accordance with the Policy." The court reasoned that this "language elim- inates any argument the parties did not agree to arbitrate their employment-related disputes." Kroger's inability to prove the precise terms of the arbitration policy did not disprove the existence ofthe arbitration agreement. The court also concluded that all of Cruise's claims were employmentrelated disputes that fell within the meaning of the arbitration agreement. iStockPhutocothandelIandCarolyn CRITICAL THINKINGLegal Consideration in the circumstances of this case, what procedures should govern the arbitration? Discuss