Protecting Your Arbitration Agreements: The Critical Importance of Proper Authentication for Employers

Arbitration agreements are one of the most effective ways to streamline and control employment disputes. But there’s a growing trend: employees increasingly claim they never signed the agreement—often only after the employer moves to compel arbitration. Why? Because that’s when they realize they could lose access to jury trials or the chance to join a class action.

Without rock-solid documentation and authentication protocols, even a perfectly valid agreement can be thrown out. That opens the door to serious consequences:

• Costly court litigation

• Risk of class action lawsuits

• Sky-high legal fees

• Unpredictable jury verdicts

• And the loss of a key tool in managing dispute costs

Authentication 101: What California Law Requires

Under California Evidence Code § 1400, a document must be authenticated by showing that it’s truly what it claims to be. Sounds simple, but there are strict standards—especially for arbitration agreements. Employers must prove:

• The signature is real

• The signer had authority to bind themselves

• The document hasn’t been tampered with

This can be done through live witness testimony, expert handwriting analysis, or metadata for electronic signatures.

A Smarter Authentication Strategy

1. Witness Testimony: Old School, Still Gold
The most straightforward method under Evidence Code § 1410(a)? Have someone watch it happen. Direct testimony from a trained HR rep or supervisor who witnessed the signing holds major weight. Just make sure they’re trained, credible, and backed up by detailed records of the signing process.

2. Electronic Signatures: The Digital Paper Trail
If you use e-signature platforms, choose wisely. You’ll want systems that generate audit trails in compliance with Evidence Code § 1410(d). Keep detailed logs showing document access, time spent reviewing, and when it was signed. Metadata—like IP addresses, timestamps, and device info—should be preserved and easily retrievable.

3. Bulletproof Documentation
Don’t just rely on the agreement itself. Back it up with:

• Onboarding checklists

• ID verification steps

• Logs showing who signed what, and when

• Acknowledgment forms that confirm the employee actually read and understood the arbitration terms

What Happens If You Skip This?

In California’s employee-friendly legal climate, sloppiness in authentication can cost you dearly. Many employers lose enforceability because of:

• Inconsistent onboarding practices

• Poor training

• Weak technology systems

• Missing or incomplete records

• Unprepared witnesses when it’s time to testify

The Bottom Line

Staying compliant isn’t optional—it’s essential. At RPNA, our employment law team helps employers build airtight authentication strategies that stand up in court. We don’t just plug holes; we design end-to-end systems that keep arbitration agreements enforceable and litigation risks low.

You can either prepare now—or pay for it later. With the right protocols in place, you won’t just stay compliant—you’ll stay protected.