A federal appeals court refused to enforce an arbitration agreement against employee Scott Rickes because Thermo Fisher Scientific could not prove he agreed to it.

Thermo Fisher sent Rickes four emails with a link to its Mutual Dispute Resolution Agreement (MDRA), which would bind employees unless they opted out within 45 days. Rickes never opened the emails or clicked the agreement link yet continued working past the deadline. When Rickes sued for age discrimination, Thermo Fisher argued his continued employment showed acceptance of the MDRA.

The court disagreed. Under California law, electronic assent requires affirmative action: opening the agreement, clicking through, or otherwise engaging with its terms. Because Thermo Fisher's records showed no such action, continued employment was insufficient.

Employers should not rely on emailing or posting arbitration agreements online. They must confirm receipt and obtain acknowledgment or signatures, following up when necessary.

Take-Away:

Employers must obtain documented signatures or acknowledgments on arbitration agreements. Silence, inaction, or continued employment alone does not create an enforceable agreement.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Employee Handbooks & Employment Forms
• Poetic Justice Smack Down: Reconsidering Arbitration Agreements (April 5, 2022)
• “Epic” Ruling for Employers: Class Action Waivers Upheld in Employment Arbitration Agreements (June 6, 2018)

Helena Kobrin

August 14, 2026