California’s “I Do Not Recall” Argument — Is It Valid?

Man pointing his finger on a contract for a woman to sign

Forgetfulness happens to everyone. Whether it’s a daily occurrence or someone is not paying attention when they should, not remembering information occurs frequently. On the other hand, some individuals purposely forget or say they don’t know something when, in actuality, they do.

In January 2023, a district of the California Court of Appeals affirmed Iyere v. Wise Auto Group.

In this case, two employees claimed they did not recall signing an arbitration agreement with their employer. The plaintiffs also claimed their signatures on the arbitration agreement were not authentic.

The “I Do Not Recall” Argument

If an employee wants to challenge an employer contract, one tactic they may use is saying they “do not recall” signing it. If an employee can’t remember signing an agreement, they may be able to argue that the contract isn’t enforceable.

This tactic relies on the fact that without a valid signature, employers may be unable to prove that the agreement was agreed upon and accepted by the employee. Therefore, employers must ensure that all contracts are signed by both parties and seen by witnesses to protect their interests down the line.

The Importance of Valid Signatures

Signatures provide assurance that both sides will fulfill their obligations, as stated in the document. Without them, any agreement could be subject to dispute or invalidated in a legal case. Signatures also demonstrate that the terms and conditions of the agreement were discussed and agreed upon by both parties, providing an extra layer of protection for employers.

Additionally, contracts with signatures help ensure that all parties’ changes or modifications are noted and agreed to, thus avoiding future disputes.

In the case of Iyere v. Wise Auto Group, it will be up to lawyers whether to continue appealing the decision. All employees and employers can also use this case as a reminder of proper procedures being enforced when creating or signing contracts.

Questions About a Business Contract?

Feel confident that your business contract is legitimate by working with Purdy & Bailey, LLP. Our experienced business contract law attorneys can help you understand the legal implications and potential risks associated with your contracts, as well as how best to protect your interests under the law. With our expertise, you can trust that your contracts are written in a way that complies with the applicable laws and that all signatures are valid.

Rest assured knowing Purdy & Bailey, LLP has taken every possible step to protect you and your business — contact us online or by phone today to see how we can help with your business contracts. (858) 360-7080

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