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Arbitration Agreements and the Use of Electronic Signatures

By Paul Cowie and Kevin Jackson

In most companies, an employee's first day on the job is spent filling out paperwork. For the better part of the last 50 years, the universe of federal and state laws regulating the workplace has expanded year after year. A natural result of the increasingly regulated workplace is that the number and size of personnel documents has also grown ' it is not uncommon for an employee handbook to span more than 100 pages.

In order to manage and streamline an employee's orientation process, or simply to facilitate the roll-out of new policies to current employees, many companies have moved their human resource documentation systems into the electronic age. While employers are required to keep various employee records, this can generally be achieved electronically without the need for cumbersome hard copies. For many larger companies, maintaining electronic files can actually be much easier. The key to such paperless record-keeping systems is to ensure that they are legally compliant and defensible. To meet these requirements, it is critical that employers follow accepted best practices and protocols to ensure that electronically distributed documents are enforceable. After all, that is why employees are asked to sign them in the first place.

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