Foss v. Circuit City Stores, Inc.

Andrew Foss (plaintiff), age 17 when he applied to Circuit City (defendant), agreed to a broad arbitration clause as part of an online application that flagged him as a minor requiring parental consent, with his mother's name entered as having consented; Foss worked for Circuit City through and past his 18th birthday, was later transferred and reported a hostile work environment from his new supervisor, and was terminated weeks later. When Foss sued for harassment and retaliation, Circuit City moved to compel arbitration, and Foss's parents submitted affidavits stating no actual parental consent had ever been given for the application or arbitration agreement.