Electronic Signature Lawfulness for Arbitration Agreement in Canada

How to eSign a document: electronic signature lawfulness for Arbitration Agreement in Canada

in 2021 the texas supreme court issued a very important case that addresses the enforceability of arbitration agreement when employees sign arbitration contracts through electronic signatures instead of through a wet signature a handstand signature the supreme court ruled in favor of the employer but in the process created some guidance that employees in the future can can use to challenge arbitration agreements the supreme court says that before you can enforce an arbitration agreement you have to demonstrate and employees can also challenge it on whether or not there was proper security measures in place to make sure that it was the employee that signed the arbitration agreement electronically and not someone else so some things that come into play would be that the security measures for collecting signatures include the employees setting up their own employee id and password did the employee sign in using their own password and answer some security message questions um did the employees set up their own password or did someone else have access to it but what it uh what the supreme court is implying is that in the process of onboarding employees sometimes companies have an hr person go through and check and check out certain boxes that are missing and they cannot be checking out boxes that signs away the employee right to filing lawsuits against the company so you cannot have an ability in the onboarding process where someone other than employee can sign the arbitration agreement for the employee okay back to work