The researchers, who sued after they were terminated two years into a five-contract, allege management interference in their work and “anti-Chinese bias.”
Two researchers who sued the Buck Institute for Research on Aging in Novato over their termination have defeated an effort to force them into arbitration.
“The court affirmed the principle that no one can be compelled to arbitrate a claim unless they specifically agreed to have their dispute decided that way,” Ratner said. The Buck institute fired the scientists in 2021, two years into their five-year contracts. Jin and Lei allege they were terminated because they “refused to let Buck’s CEO improperly interfere with their research,” Ratner said.
The institute filed a motion to compel the researchers into arbitration, citing an arbitration agreement in its “faculty handbook.” However, the arbitration agreement was not in the handbook when Jin and Lei were hired, according to the appeals court. The institute updated the handbook in 2020 to include the agreement, then emailed the handbook to the staff.
The institute challenged the decision in the 1st District Court of Appeal in San Francisco. In a decision issued March 27, a unanimous three-judge panel ruled against the Buck Institute.
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