Vivint Pulling Job Offer Made Arbitration Clause Unenforceable

Vivint Solar Developer LLC must face in court fair employment claims made by a sales-consultant applicant who had his job offer withdrawn based on his past arrest for possessing and selling marijuana, the Eastern District of Pennsylvania ruled.

The Utah-based residential solar energy provider’s bid to force Lamont Lomax to arbitrate was undone by the wording of its arbitration clause, the court said Wednesday. The clause expressly provided that Vivint wasn’t required to arbitrate unless certain preconditions were met, including successful completion of a pre-employment background check, the court said.

Lomax sued under Pennsylvania’s Criminal History Record Information Act and ...