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arbitration agreements are ordinarily enforceable but not if they are unconscionable and courts usually look at two big factors whats called procedural unconscionability and substantive unconscionability so here we have an employee who had a one-hour orientation when he was hired he was given an agreement to sign right away before he went to start the work and he was given a booklet to take home and read and it was in that booklet that contained the arbitration clause so he didnt have a meaningful choice to even know about the arbitration clause let alone read the arbitration clause before he was required to sign that agreement now the Washington Court of Appeals remarkably said that the procedural unconscionability alone in this case was enough to throw that arbitration agreement out usually courts require a combination of procedural and substantive but then they said it was also substantively unconscionable because it required the employee or the in this case a former employee to d
