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3483 An employment agreement containing binding arbitration provisions that apply to claims for violation of the employee's statutory rights but is silent as to payment of the arbitrator's fees and expenses should be read as requiring the employer to pay all the expenses connected with access to the arbitral forum; a provision permitting either side to request review by a second arbitrator of any award in excess of $50,000 and giving the second arbitrator power to amend or reduce the award is unconscionably one sided, but the agreement should be enforced by severing the second-arbitrator provision.
FITTANTE v PALM SPRINGS MOTORS (One-Sided Arbitration) 105 CA4 708 [See: LabC 970; CivC 3513, 1670.5; CCP 1284.2; Armendariz v Foundation Health 24 C4 83, T/AT 9/00; Mercuro v Superior Court 96 CA4 167, T/AT 3/02; Stirlen v Supercuts 51 CA4 1519, T/AT 3/97; Saika v Gold 49 CA4 1074, T/AT 11/96]
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