In Gavette v. United Wholesale Mortgage, LLC, 2025 WL 318224 (6th Cir., January 28, 2025), Gavette was terminated and filed suit alleging retaliation based on his request for an accommodation to care for his disabled wife. The employer, United Wholesale, moved to dismiss the complaint and compel arbitration based on an arbitration provision in Gavette’s employment contract. The trial court dismissed the case, and the Sixth Circuit affirmed. It was undisputed that Gravette had electronically signed the employment agreement, but he asserted he did not remember signing it, that the arbitration terms were not explained to him, nor that he could consult an attorney. He thus asserted there was no mutuality of agreement. In affirming, the court noted there was no evidence of fraud, misrepresentation or duress, and whether Gavette read the Agreement, understood the meaning of its arbitration clause, or received legal assistance was irrelevant as “one who signs a contract will not be heard to say, when enforcement is sought, that he did not read it, or that he supposed it was different in its terms.” The court further noted that failure to understand the contract’s terms constituted negligence which estopped Gavette from voiding the agreement on the ground that he was ignorant of its contents.
Sixth Circuit: If You Signed It – You Read It
