A server signed an arbitration agreement when she was hired by a restaurant in September 2009.

A server signed an arbitration agreement when she was hired by a restaurant in September 2009. She left the job in July 2010 but was subsequently rehired in March 2011. She was not asked to sign an arbitration agreement upon being rehired. The server alleged that she was sexually harassed following her rehiring and sued the restaurant. The restaurant moved to compel arbitration under the agreement she had signed in 2009. That agreement stated, among other things, that 1’I will resolve by arbitration all claims and controversies ("claims"), past, present, or future, whether or not arising out of my employment or termination from employment, that I may have against [employer] . . . or that [employer] may have against me." The agreement specifically referred to harassment claims. it also stated that "[t]his Agreement shall survive termination of my employment or expiration of any benefit plan.” Is the employee still bound by an arbitration agreement signed during a previous stint of employment? Why or why not?

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