Soto v. State Indus. Prod., Inc., No. 10-1626 (1st Cir. 2011)Annotate this Case
The employee's complaint under the Americans with Disabilities Act was dismissed. The First Circuit affirmed, holding that the employee was required to submit to alternative dispute resolution. After examining Puerto Rico contract law and the Federal Arbitration Act, 9 U.S.C. 1, the court concluded that continued employment of the at-will employee was sufficient consideration to support the agreement, despite the fact that the agreement did not bind both parties to identical procedures. The "threat" of termination did not amount to intimidation that would invalidate consent; state law does not prohibit termination without just cause. The employee's claim that she did not understand the document because of limited English did not constitute an excuse and the agreement was not unconscionable.