Online digital agreement to arbitrate isn’t enough

Arbitration is a creature of agreement, and no right or obligation to arbitrate exists without a mutual agreement. Is an electronic acknowledgement on an employer’s web platform enough to prove the agreement?

Is there an agreement reading between the LINAs?

Cigna Corporation’s employee handbook, which contains an arbitration agreement, was distributed by e-mail to employees of all company subsidiaries, including the Life Insurance Company of North America (LINA), in November 2013. The arbitration provision appears on page 37 of the 44-page handbook and states:

By accepting employment, compensation and/or benefits, you have agreed to arbitrate serious employment-related disagreements between you and the company. Notwithstanding any other provision in this handbook, the duty to arbitrate employment related disagreements is a contractual obligation that both you and the company are required to adhere to. . . . The arbitration process is administered by the American Arbitration Association (AAA) using the company’s Employment Dispute Arbitration policy and Employment Dispute Arbitration Rules and Procedures. . . . Copies of these documents can be found in the “Workplace & Culture” section of the Your Cigna Life intranet under “Workplace Policies and Programs.”