From The Wall Street Journal Best of the Law Blog, 11/21/07:
In the mood for a little contracts? How about some employment law? Or maybe a dose of Homer Simpson? For all three, let’s take a trip to the Potter Stewart U.S. Courthouse in Cincinnati where the Sixth Circuit court of appeals issued this decision today. At issue: Whether an employee’s mere act of continuing to report for work after the effective date of her employer’s arbitration program constituted acceptance of a valid and enforceable contract to arbitrate all employment-related disputes.
The court said that indeed, an employee’s knowing continuation of employment after the effective date of the arbitration program constituted acceptance of a valid and enforceable contract to arbitrate. Judge Boyce Martin disagreed. “A unilateral contract is one where an offeror ‘reasonably expects to induce action of a definite and substantial character’ from the offeree,’” wrote Judge Boyce. “Implicit in this understanding is that the offeree is aware of the significance of the act performed. Without a signal that she understands that a contract is being made, how is one to know if she has truly accepted?” Judge Boyce footnoted this with the following:
Homer Simpson talking to God: “Here’s the deal: you freeze everything as it is, and I won’t ask for anything more. If that is OK, please give me absolutely no sign. [no response] OK, deal. In gratitude, I present you this offering of cookies and milk. If you want me to eat them for you, please give me no sign. [no response] Thy will be done.” The Simpsons: And Maggie Makes Three (Fox television broadcast, Jan. 22, 1995).
According to his bio, Judge Martin is 72 years old. We would be mighty impressed if the footnote came from him, but we suspect the handiwork of a clerk. Either way, thanks for brightening the Law Blog’s, and hopefully our readers’, day.
I would easily trust my fate to a judge who knows Homer well enough to cite him.
Piece of Mindful 