Helmer Friedman LLP Defeats Anthem/Elevance Health’s Effort to Force Employee to Arbitrate

October 25, 2023 (Los Angeles, CA) – In a significant legal development, the California Court of Appeal has determined that Anthem Health, now operating as Elevance Health, cannot compel arbitration in the case involving long-term employee Mr. Gregory Antoniono. This ruling (Case B327595) from the Second Appellate District, Division 3, paves the way for the proceedings to continue in the Los Angeles County Superior Court before a judge and jury instead of an arbitrator.

“After litigating this issue for the better part of two years, we are pleased that the Court of Appeal reached what we believe to be the correct decision. When an individual is forced to arbitrate, they are giving up their fundamental constitutional right to a jury trial. As with all constitutional rights, we should analyze any waiver with an extremely high level of scrutiny.”

Following nearly two years of legal proceedings, the Los Angeles County Superior Court rejected Anthem/Elevance’s motion to enforce arbitration in March 2023 (Case No. 22STCV26362). The court ruled that the company failed to demonstrate that Mr. Antoniono agreed to arbitrate his claims, as he had not been provided the opportunity to review the arbitration policy terms when he signed his offer letter. Furthermore, the company’s intranet, where the policy was purportedly accessible, explicitly stated that the policies were not intended to form a legally binding contract.

The Court of Appeal upheld the court’s decision, emphasizing that Anthem/Elevance did not meet the “minimum” requirements for establishing an implied agreement to arbitrate. According to the Court, employers must “clearly communicate to the employee both that assenting to arbitration is a condition of employment and what the terms of the employer’s policy are.”

Anthem/Elevance’s argument that Mr. Antoniono implicitly agreed by signing an offer letter referencing the arbitration policy was dismissed due to the policy’s lack of attachment or accessible link. The Court highlighted that the arbitration policy was buried among numerous other non-contractual policies on the intranet.

Commenting on the decision, Gregory D. Helmer of Helmer Friedman LLP, representing Mr. Antoniono, remarked, “After litigating this issue for the better part of two years, we are pleased that the Court of Appeal reached what we believe to be the correct decision. When an individual is forced to arbitrate, they are giving up their fundamental constitutional right to a jury trial. As with all constitutional rights, we should analyze any waiver with an extremely high level of scrutiny.”

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Helmer Friedman LLP advocates for employees’ rights in matters involving discrimination, harassment, and wrongful termination and provides aggressive and innovative representation to safeguard clients’ rights.

Contact Information

Gregory D. Helmer
Helmer Friedman LLP
Phone: 310-396-7714
Email: ghelmer@helmerfriedman.com