LARRY GIBSON, Petitioner, v. NYE FRONTIER FORD, INC., and NYE FRONTIER LINCOLN MERCURY, INC., Respondents., 205 P.3d 1091

Summary

The supreme court agreed with the employee that the employment contract with the employer was a contract of adhesion and that the disparity of bargaining power requirement was satisfied. Because the employer drafted the agreement, the interpretation of it that was most favorable to the employee should be adopted. Only clear and conspicuous language in an employment manual would suffice to negate a contract crated by the manual. Paragraph two of the Acknowledgement and Agreement did not satisfy this test. The $50,000 appellate threshold was unconscionable but severable. The supreme court's conclusion that a contract requiring an employee to pay arbitral costs was unenforceable because it was contrary to the policies of the AWHA was not specific to arbitration. Rather, any contract requiring the waiver of substantive rights afforded by the AWHA may be declared void on that basis. Giving the employer the option on remand to agree that it would be responsible for all of the arbitration ...