An injured grocery baker hit by a forklift cannot sue for negligence and must comply with her employer's arbitration agreement even though she claims she does not understand English and did not know what she signed, a Texas district court ruled Tuesday
Maria Saenz worked for HEB Grocery Company LP, which did not subscribe to the Texas Employee Compensation Scheme and instead had its own occupational injury benefit plan that included an arbitration agreement that prevents an injury dispute, according to documents in HEB, LP d / b / a Joe V & # 39; s Smart Shop v. Maria Saenz, filed in the Texas Court of Appeals, First District, in Houston.
Following Saenz's action, the company moved to enforce arbitration based on a clause in its preferential agreement. Saenz claimed "procedural ignorance" and claimed that "she does not read or write English" and "that she was pressured to electronically sign the documents in English and did not have time to review the documents or have them translated." [1
The Court of Appeal reversed and referred to a supervisor's testimony that a Spanish copy of the damage plan was provided at her briefing and ruled that she did not establish procedural irregularities but state case law by "a party to a written agreement is assumed to have read and understood the content. This is true whether or not she understood the consequence of her signing the contract. "
"Although there is some evidence that Saenz's questions were rejected (by supervisors) … there is also indisputable evidence that Saenz did not ask any questions in the Spanish language policy," the court wrote. H-E-B's procedures are not a model for transparency and disclosure, and they can lead to a new employee unknowingly waiving the right to a jury. However, we are not presented with shocking evidence of fraud, misrepresentation or fraud.