Arbitration – Labor & Employment – Online Job Application – Dispute Resolution Agreement

Amuchie v. Carmax Auto Superstores Inc. (Lawyers Weekly No. 002-095-17, 7 pp.) (Timothy Cain, J.) 6:16-cv-03074; D.S.C.

Holding: Plaintiff argues that there was no meeting of the minds as to the dispute resolution agreement (DRA) in defendant’s online job application because, in order to apply for work with defendant, he was forced to agree to the DRA (in order to advance to the next screen) before the terms of the DRA were provided on a later screen; however, he provides no evidence to support that assertion. Moreover, defendant presented sworn evidence that the application required plaintiff to progress through a series of screens setting forth the terms of the DRA after which plaintiff entered his name to affirm his consent to the terms. Even if the court were to accept plaintiff’s argument as true, he does not contest the evidence showing that, while completing the application, he consented to the DRA after reading all of the provisions.

The court grants defendant’s motion to dismiss and to compel arbitration.